Pharmacists.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0114

ENROLLED ACT NO. 103, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to the Wyoming Pharmacy Act; amending licensing requirements for resident and nonresident pharmacies as specified; amending grounds for denial, suspension, revocation or nonrenewal of licenses as specified; amending grounds for required notice by licensees to the board of pharmacy; specifying procedures for appeals; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 33
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113 and 33
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152(a)(intro), (ii), by creating new paragraphs (v) and (vi), (c) through (e), (g) and by creating a new subsection (h) are amended to read:

33
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24
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113.

Licensing of resident pharmacy; exceptions; display of license; suspension, revocation, letter of admonition, administrative penalty or refusal to renew; appeals.

(a)

Every commercial operation
Any pharmacy located
in
the
this
state
operating a pharmacy
which dispenses, mails or in any manner delivers controlled substances or dangerous drugs or devices in this state pursuant to a prescription or provides pharmaceutical care in this state
shall
:
annually make

(i)

Submit a license
application to the board
for a license
on a form prescribed by the board
and pay the
license
fee established
in accordance with this act
by the board in its rules and regulations
.
Where pharmaceutical operations are conducted at more than one (1) location, each location shall be separately licensed;

(ii)

Notify the board of the occurrence of any of the following:

(A)

Permanent closing of the pharmacy;

(B)

Change in pharmacy ownership, name, management, location or pharmacist in charge;

(C)

Conviction of any pharmacy owner or employee for violation of any state or federal drug law;

(D)

Any substantial theft or loss of dangerous drugs, controlled substances or medical devices;

(E)

Any other matter required to be reported by rule and regulation of the board.

(b)

The license shall be displayed in a conspicuous place in the pharmacy for which it is issued, and shall
expire one (1) year after the date of issue
be renewed annually on or before June 30 by submitting a renewal application to the board
.

(c)

It is unlawful for any person or commercial operation to operate a pharmacy unless a license has been issued
to the operator
by the board of pharmacy.

(d)

The board
of pharmacy
may
deny,
suspend, revoke
or refuse to renew a license issued under the section
,
may
issue a letter of admonition
,

to a resident pharmacy licensee and may
assess an administrative penalty
,

of up to
not to exceed
two thousand dollars ($2,000.00)
or refuse to renew any registration obtained by false representation or fraud, or when the pharmacy for which the registration was made is kept open for the transaction of business without a registered pharmacist in charge thereof, or when the person to whom registration was granted or his employees or other persons under his supervision or control has been convicted of a violation of W.S. 33
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101 through 33
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301.
per violation, against a resident pharmacy licensee on any of the following grounds:

(i)

Failure to comply with any requirement of this chapter or the Wyoming Controlled Substances Act;

(ii)

Failure to comply with rules and regulations of the board;

(iii)

Conviction of a pharmacy owner, pharmacist in charge, staff pharmacist or pharmacy technician for a felony under any state or federal law, if the conviction is related to the practice of pharmacy;

(iv)

Obtaining any remuneration by fraud, misrepresentation or deception;

(v)

Suspension or revocation of a pharmacy license in any other state;

(vi)

Knowing submission of false, misleading or fraudulent information to the board in connection with an initial or renewal application for a resident pharmacy license;

(vii)

Purchase or receipt of a dangerous drug, controlled substance or medical device from a source other than a manufacturer, wholesaler or pharmacy licensed by the board;

(viii)

Purchase or receipt of a dangerous drug, controlled substance or medical device that is not approved by the federal drug administration;

(ix)

Keeping the pharmacy open for business without a licensed pharmacist in charge on site;

(x)

Allowing a person who is not licensed by the board to perform duties as a pharmacist, pharmacy technician or pharmacy technician in training.

(e)

Before any
final adverse
administrative
penalty may be assessed
action is taken against a pharmacy licensee
, the
holder of the registration
licensee
is entitled to a hearing by the board of pharmacy upon due notice of the time and place where the hearing will be held. The accused may be represented by legal counsel, is entitled to compulsory attendance of witnesses and may appeal to the district court of the county in which the pharmacy is situated, in accordance with the Wyoming Administrative Procedure Act.

(f)

Any administrative penalty assessed shall be paid to the board who shall remit the monies to the county treasurer to the credit of the public school fund of the county in which the violation occurred.

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152.

Nonresident pharmacy registration; requirements for registration; fees; renewal; denial, letter of admonition, administrative penalty, revocation or suspension; advertising.

(a)

Any pharmacy located outside this state which ships, mails or delivers, in any manner, controlled substances or dangerous drugs or devices into this state pursuant to a prescription
or provides pharmaceutical care to a resident of this state
shall be considered a nonresident pharmacy, shall
register with
obtain a license from
the board, and shall:

(ii)

Comply with all directions and requests for information from the regulatory or licensing agency of the state in which it is licensed as well as with all requests for information made by the board pursuant to this section. The nonresident pharmacy shall maintain, at all times, a valid unexpired license, permit or registration to conduct the pharmacy in compliance with the laws of the state in which it is a resident
;
. As a prerequisite to registering with the board, the nonresident pharmacy shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located;

(v)

Submit a license application to the board on a form prescribed by the board and pay the license fee established by the board in its rules and regulations;

(vi)

Immediately notify the board of the occurrence of any of the following:

(A)

Permanent closing of pharmacy operations;

(B)

Change in pharmacy ownership, name, management, location or pharmacist in charge;

(C)

Conviction of a pharmacy owner or employee for a felony under any state or federal drug law;

(D)

Any substantial theft or loss of dangerous drugs, controlled substances or medical devices;

(E)

Any other matter required to be reported by rule and regulation of the board.

(c)

A pharmacy applying for
registration
licensure
under this section shall be charged the fee specified in W.S. 33
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112(a)(iii).

(d)

A nonresident pharmacy
registration
license
under this section shall be renewed annually on or before
the first day of July of each year
June 30 by submitting a renewal application to the board
.

(e)

The board may deny,
suspend, revoke or refuse to renew a license issued under this section, may
issue a letter of admonition
,

to a nonresident pharmacy licensee and may
assess an administrative penalty
,
not to exceed two thousand dollars ($2,000.00) per violation,
revoke or suspend
against
a nonresident pharmacy
registration for failure to comply with any requirement of this chapter.
licensee on any of the following grounds:

(i)

Failure to comply with any requirement of the pharmacy practice act of the state of domicile or the Wyoming Controlled Substances Act;

(ii)

Failure to comply with rules and regulations of the regulatory body of the jurisdiction in which the pharmacy is located;

(iii)

Conviction of a pharmacy owner, pharmacist in charge, staff pharmacist or pharmacy technician for a felony under any state or federal law, if the conviction is related to the practice of pharmacy;

(iv)

Obtaining any remuneration by fraud, misrepresentation or deception;

(v)

Suspension or revocation of a pharmacy license in any other state;

(vi)

Knowing submission of false, misleading or fraudulent information to the board in connection with an initial or renewal application for a nonresident pharmacy license;

(vii)

Purchase or receipt of a dangerous drug, controlled substance or medical device from a source other than a manufacturer, wholesaler or pharmacy licensed by the regulatory authority in the state where the pharmacy is located;

(viii)

Purchase or receipt of a dangerous drug, controlled substance or medical device that is not approved by the federal drug administration;

(ix)

Keeping the pharmacy open for business without a licensed pharmacist in charge on site.

(g)

It is unlawful for any nonresident pharmacy which is not
registered pursuant to this section
licensed by the board
to advertise its services in this state, or for any person
who is a resident of this state
to advertise the pharmacy services of a nonresident pharmacy which has not
registered with
been licensed by
the board, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy to fill prescriptions. Any person convicted of violating this subsection shall be subject to the penalties provided by W.S. 33
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142.

(h)

Before any final adverse administrative action is taken against a nonresident pharmacy licensee, the licensee is entitled to a hearing by the board of pharmacy upon due notice of the time and place where the hearing will be held. The accused may be represented by legal counsel, is entitled to the compulsory attendance of witnesses and may appeal to the first judicial district court located in Laramie county in accordance with the Wyoming Administrative Procedure Act.

Section 2.
W.S. 33
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152(a)(i) and (f) is repealed.

Section 3.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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