SS_035-15 Definitions and controlled substances

Statement of Scope

PHARMACY EXAMINING BOARD

Rule No. :

Ch apters Phar 1 and 8

Relating to :

Definitions and controlled substances

Rule Type :

Permanent

This Statement of Scope amends SS 106-14

1. Finding/nature of emergency (Emergency Rule only):

N/A

2 . Detailed description of the objective of the proposed rule :

The objective of the rule is to make the definitions in ch. Phar 1 apply to all Pharmacy chapters, and move the misplaced word “emergency” in s. Phar 8.07 (2) to before the word “oral” and not “electronic”.

3 . Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives :

The proposed changes do not change policy and are a clean-up.

4 . Detailed explanation of statutory authority for the rule (including the statutory citation and language):

15.08 (5) (b) 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.

450.02 (2) The Boad shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s. 450.05 .

5 . Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule :

30 hours

6 . List with description of all entities that may be affected by the proposed rule :

Pharmacists and Pharmacies

7 . Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule :

There is federal law providing practitioners with the option of writing prescriptions for controlled substances electronically. The proposed rule does address the activity of the transfer of electronic presciptions as it moves the misplaced word “emergency”.

8 . Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses) :

No economic impact. It is not likely to have a significant economic impact on small businesses.

Contact Person: Sharon Henes, Administrative Rules Coordinator, [phone]