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NEWS

Controlled Substances Board – Scheduling of Suvorexant

On August 28, 2014 the DEA published its final rule in the Federal Register placing Suvorexant into Schedule IV of the Federal controlled Substances Act. The scheduling action was effective September 29, 2014. The Wisconsin Controlled Substances Board pursuant to s. 961.11(4), Stats took affirmative action to treat Suvorexant as a Schedule IV effective November 1, 2014.

Click here to view the order from the Wisconsin Controlled Substances Board.

Controlled Substances Board – Hydrocodone Combination Products

On August 22, 2014 the DEA published its final rule in the Federal Register rescheduling hydrocodone combination products from Schedule III to Schedule II of the Federal Controlled Substances Act. The scheduling action was effective October 6, 2014. The Wisconsin Controlled Substances Board pursuant to s. 961.11(4), Stats took affirmative action to similarly reschedule hydrocodone combination products from Schedule III to Schedule II effective November 1, 2014.

Click here to view the order from the Wisconsin Controlled Substances Board.

Journeyman Plumber Restricted Appliance License Exam Information

Effective September 1, 2014, Chapter SPS 305.945 permits a person seeking to obtain a Journeyman Plumber Restricted Appliance (JPRA) license to take an examination deemed to be equivalent to the Department's examination. Examination providers seeking approval of their exam as equivalent must follow the specific instructions listed on Form #3065OEE and complete and submit application form #3064OEE.

Click here for more information about the JPRA exam process.

Professional Counselor Section: New Rule Relating to Master's Degree Equivalent Education 

The Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board has made changes to MPSW 14.01, relating to the requirements of an academic program equivalent to a Master's Degree in Professional Counseling in the state of Wisconsin.

The requirement for academic programs has increased from 42-semester hours to 60-semester hours. In addition, there are more specific course requirements that must be fulfilled as a component of this 60-hour requirement. The effective date for applicants to meet the requirements outlined in MPSW 14.01 is September 1, 2018. The Professional Counselor Section will have a program pre-approval mechanism in place starting in January 2015 for programs that wish to seek a pre-approval status prior to September 1, 2018.

Controlled Substances Board – Tramadol Schedule Updated

On July 2, 2014, the DEA published its final rule in the Federal Register placing tramadol into schedule IV of the federal Controlled Substances Act effective August 18, 2014. The Wisconsin Controlled Substances Board pursuant to s. 961.11(4), Stats took affirmative action to similarly treat tramadol as a schedule IV controlled substance effective September 1, 2014.

Click here to view the order from the Wisconsin Controlled Substances Board.

Wisconsin Dwelling Code Council - 2013 Report​

 

Per 2013 Wisconsin Act 23, the Dwelling Code Council is required to prepare a report detailing its review of and subsequent recommendations to the Wisconsin Uniform Dwelling Code. The Council approved the report by unanimous vote.

Please click here to view the report.


Medical Oxygen Suppliers, Distributors, and Manufacturers in Wisconsin


Several questions have been raised concerning the Pharmacy licensure requirements for medical supply companies in Wisconsin, who supply, distribute and/or manufacture medical oxygen. Palmetto GBA, who administers Medicare health insurance for the Centers for Medicare & Medicaid Services (CMS), has advised via their website that such entities must be in compliance with all applicable federal and state licensure and regulatory requirements if such company seeks to receive Medicare reimbursement.

The Department of Safety and Professional Services has provided further guidance on this issue. Please visit the
Pharmacy Examining Board's Position Statements for more information.

Click here to view a copy of the letter that DSPS sent to the Department of Health and Human Services on this topic.

Click here to view a copy of the response from the Centers for Medicare & Medicaid Services on behalf of the Department of Health and Human Services


Act 143 - New Electrical LIcensure Standards

2013 Wisconsin Act 143 established new licensure standards for electricians which went into effect on April 1, 2014.  These standards require all individuals (see Act 143 for exemptions) engaged in the business of installing, repairing, and maintaining electrical wiring be licensed by the Wisconsin Department of Safety and Professional Services (DSPS).  The new licensure law does not apply to any person with 15 years of experience who was born on or before January 1, 1956.  The DSPS will create administrative rules and licensure processes to verify this experience requirement and provide licenses to these persons.  The Department is currently drafting an Emergency Rule to address these needs quickly, and plans to establish permanent rules in 2015.  Until the time that rules are promulgated, electricians who meet these requirements, or grandfather clause, may continue to practice.  In order to remain in compliance, the DSPS recommends municipalities verify eligibility for the grandfather clause in two ways:

 

1) Confirm date of birth is on or prior to January 1, 1956

2) Collect verbal attestation that the individual has 15 years of experience

Once rules have been promulgated, this practice will no longer be considered compliant by the DSPS.


Act 270 - Uniform Commercial Building Code


2013 Wisconsin Act 270 establishes a Uniform Commercial Building Code (UCBC) for the State of Wisconsin, as well as a Building Code Council for the purpose of reviewing the code and making recommendations to the Wisconsin Department of Safety and Professional Services (DSPS) to keep the UCBC current. The previous Commercial Building Code acted as a minimum standard and allowed for municipalities to enact ordinances above and beyond those detailed in the code. The UCBC replaces the previous Commercial Building Code and eliminates municipal variations. However, Act 270 allows for municipalities to submit ordinances to the DSPS within 60 days of publication of the law for review and exemption if the ordinance meets all of the following requirements:

 

1. The ordinance was enacted before May 1, 2013.

2. The ordinance was published by the town, village, or city in the manner required under Statute 60.80, 61.50, or 62.11 (4).

3. The ordinance relates to fire detection, prevention, or suppression components of buildings.

4. The building is not a multifamily dwelling, as defined in Statute 101.971 (2).

5. The ordinance is submitted to the department within 60 days after the effective date of this subdivision, Friday, April 18, 2014.

6. The department determines that the ordinance requires standards that are at least as strict as the rules promulgated by the department.

S
end your ordinance and contact information to DSPSPolicyDevelopment@wisconsin.gov by June 17, 2014. Any submissions received after June 17, 2014 will not be considered.


Photograph No Longer Required for Some Credentials

The Department of Safety and Professional Services recently reviewed licensure requirements and processes and determined that a photograph of applicants for the following credentials is no longer required:

  • Private Detective
  • Private Security Permit
  • Private Detective/Security Guard Agency
  • This change is effective immediately and applies to applications currently in process.  Application forms and information on the DSPS website have been updated to reflect this change.


    Rules Update


    The Pharmacy Examining Board approved changes that went into effect November 1st to allow prescription medications to be delivered to a location of the patient’s choice.  The consultation requirement is met by the pharmacist providing a notice that consultation is available relative to the prescriptions(s) being delivered.  In these cases directions and a means of contacting the pharmacist must accompany the delivery.  The Pharmacy Examining Board determined that permitting the delivery to a location of the patient’s choice would be beneficial to patients and to pharmacies without negatively impacting public safety.  More information can be found in Phar 7.01(1)(e)
    here.  A list of all pending rulemaking projects is available here.


    DFI Transfer


    Due to recent legislative changes, the following credential types will be regulated by the Department of Financial Institutions (DFI) beginning November 1, 2013:

    Charitable Organizations

     

    • Professional Fund-raisers
    • Fund-raising Counsels
    • Professional Employer Organizations
    • Professional Employer Organizations - Limited (Small Operations)
    • Professional Employer Groups
    • Professional Employer Groups - Limited (Small Operations)

    For answers to common questions about this transition, please see the Frequently Asked Questions


    Professional Credential Certificates Available On-line

     

    Effective May 8, 2013, Professional License holders can log in to print or download their own credentials.  Standard Wall Certificates, Governor-signed Wall Certificates, and Wallet Cards can be printed or downloaded free of charge by logging in here:  https://online.drl.wi.gov/UserLogin.aspx

    Wall Certificates and Governor-signed Wall Certificates can also be purchased from the Division of Professional Credential Processing for $10.  Please use this order form:
    http://165.189.64.111/Documents/Credentialing%20Forms/Renewal%20Forms/CCFAX2.pdf

    New license holders will no longer receive a wall certificate upon issuance of the license.  They will receive an email (or letter via USPS mail if no email address is provided) indicating the credential number, and directions to log in and print certificates from the website.

    For a list of Professional License Types, click here:
    http://dsps.wi.gov/Default.aspx?Page=5c2e4e51-1130-48af-a6b7-92a5047d1ebf



    Barbering


    Starting February 11, 2013, and continuing through March 31, 2015, 2011 Act 190 will allow all people who hold a barber-cosmetologist practitioner license to exchange it for a barber license, if they wish. Please visit the
    renewal page for more detailed information.


    Licensing Fees


    As required by Statute, the Department of Safety and Professional Services conducts a fee study each biennium to determine the administrative and enforcement costs attributable to each profession. Based on this mandate, the Department set new fees for the 2013-2015 biennium and forwarded them to the Joint Committee on Finance for a 14-day passive review and approval. The request was approved on February 25, 2013.

    Frequently Asked Questions Regarding License Fees


    Wisconsin Prescription Drug Monitoring Program

    Pursuant to
    2013 Act 3, veterinarians are no longer included in the definition of practitioners who have to collect and submit data to the Wisconsin Prescription Drug Monitoring Program (PDMP).  Therefore, veterinarians do not have to continue collecting data to submit to the PDMP and they are not required to submit the data that they have been collecting since January 1, 2013.

    For more information, visit the
    PDMP web pages.