Revises chapters SPS 381 to 384.

EPA Lead Reduction Rule, US Safe Drinking Water Act of 2011.

Permanent.

N/A.

The objective of the rule is to revise portions of the state plumbing code, chs. SPS 381 to 384, to conform to the US Safe Drinking Water Act of 2011 [SDWA, 42 USC 300g-6], which becomes effective January 4, 2014. Proposed revisions pertain to updating the definition for “lead-free" and adopting by reference an updated standard, ANSI/NSF-61 which reflects the SDWA. In addition, new text may need to be created to specify exemptions to the law. Minor formatting changes and typographical errors may also be addressed at this time.

The SDWA of 2011 re-defines “lead-free" as being not more than 0.2 percent lead with respect to solder and flux, and not more than a weighted average of 0.25 percent lead with respect to wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures. The current code, ch. SPS 381 defines “lead-free" as “a chemical composition equal to or less than 0.2% of lead". Other portions of the plumbing code relating to water service piping and materials stipulate that all pipes and pipe fittings for potable water supply systems shall be made of a material that contains not more than 8% lead, a level substantially above the new standard.

Additionally, the proposed revisions will require the department to incorporate by reference one updated national standard ANSI/NSF 61-2010, Drinking Water System Components — Health Effects.

Not moving forward with these proposed revisions will result in the State of Wisconsin being out of compliance with the SDWA of 2011, which restricts permissible levels of lead in drinking water components and provides manufacturers and distributors a protocol to assure compliance. (To date, only four states have revised their rules to be in compliance with the law before the effective date: California, Louisiana, Maryland and Vermont.)

Section 227.11 (2), Stats.: “Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation."

Section 145.02 (2), Stats.: “The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. …"

Section 145.13, Stats.: “Adoption of plumbing code. The state plumbing code and amendments to that code as adopted by the department have the effect of law in the form of standards statewide in application and shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision thereof. The state plumbing code shall comply with ch. 160 (Wis. Stats.). All plumbing installations shall so far as practicable be made to conform to such code."

The staff time needed to develop the rules is expected to be about 180 hours, which may include convening an advisory committee. This estimate includes research, rule drafting, public hearing through adoption. Two copies of the adopted standard will be purchased for approval prior to rule adoption. All work will be accomplished by existing staff.

Local water purveyors, product manufacturers and distributors, plumbing designers, and inspectors.

To conform with the SDWA of 2011, which will be in effect January 4, 2014, the proposed revisions will revise both the definition of and the means to determine “lead-free" which now exist in the state plumbing code.

This rule-making project will not impose any additional impact on small business above or beyond what is required by the federal government.

Jean MacCubbin, (608) 266-0955.

This statement of scope was approved by the governor on April 29, 2013.

Revises Chapter Phar 18.

The administration of the prescription drug monitoring program.

Permanent.

N/A.

The Pharmacy Examining Board (Board) seeks to modify ch. Phar 18 to conform to statutory changes in 2013 Wis. Act 3 which removed veterinarians from the list of practitioners required to comply with the requirements of the Prescription Drug Monitoring Program (PDMP). Specifically, the modifications would delete the definition of “veterinary dispenser" in s. Phar 18.02 (22), delete all subsequent uses of the term “veterinary dispenser" in this chapter, amend the required data elements identified in s. Phar 18.04 by modifying the requirements previously added to enable veterinary dispensers to more easily comply with the rules, and correct the citations to the statute due to the statutory changes in Act 3.

Currently, ch. Phar 18 contradicts the statutory directive to create the PDMP in s. 450.19, Stats., as modified by 2013 Wis Act 3. The current language in ch. Phar 18 requires veterinarians, or “veterinary dispensers" under the rule, to collect and submit to the PDMP specific data about monitored prescription drugs that they dispense. 2013 Wis. Act 3 removed veterinarians from the definition of “practitioners" required to collect and submit data to the PDMP and prevents the Board from requiring veterinarians to submit data that they have collected pursuant to the current rule language. An alternative to the making the modifications is to not make the modifications, which would result in ch. Phar 18 continuing to contradict s.450.19, Stats., as amended by 2013 Act 3.

In s. 450.19 (2), Stats., the legislature directs the Board to establish rules to govern the PDMP. In s. 961.31, Stats., the legislature also authorizes the Board to promulgate rules relating to the dispensing of controlled substances. Finally, in ss. 15.08 (5) (b), and 227.11 (2) (a), Stats., the legislature confers to the Board the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.

40 hours.

1) Licensees who are authorized to prescribe and dispense controlled substances: Advanced Practice Nurse Prescribers, Anesthesiologist Assistants, Dentists, Pharmacies, Pharmacists, Physicians, Physician Assistants, Podiatrists, and Veterinarians.

2) Department of Safety and Professional Services Staff.

There are no existing or proposed federal regulations intended to address the activities regulated by the proposed rule.

There is no anticipated economic impact of the proposed rule.

Jean MacCubbin, (608) 266-0955.

This statement of scope was approved by the governor on April 29, 2013.

Revises chapter MSPW 3.

Applications.

Permanent.

N/A

The current rule states a temporary credential may not be renewed and the statutes provide for a temporary credential to be renewed once. The objective of the proposed rule is to bring conformity between the statute and rule.

The rule regulating temporary credentials is not consistent with the statutes in that the statutes provide for a temporary credential to be renewed once and the rule states it may not be renewed.

The alternative to correcting the temporary credential renewal rule is to continue to have it contradict the statutes.

Section 15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.

50 hours.

Applicants for social worker temporary credentials.

None.

Minimal to none.

Sharon Henes at (608) 261-2377.