Telepharmacies.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0258

ENROLLED ACT NO. 111, HOUSE OF REPRESENTATIVES

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

AN ACT relating to the Wyoming Pharmacy Act; authorizing telepharmacies as specified; providing definitions; and providing for an effective date.

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

Section 1.
W.S. 33
‑
24
‑
156 is created to read:

33
‑
24
‑
156.

Telepharmacy practice authorized.

(a)

The board pursuant to its rules and regulations may authorize a licensed pharmacy to store and dispense prescription drugs as provided in subsection (b) of this section through a telepharmacy located at a site at least twenty-five (25) miles from a licensed pharmacy.

(b)

Telepharmacies shall include the following minimum features:

(i)

Storage, security and dispensing of prescription drugs in unit of issue packages;

(ii)

Connection by a secure communication system to the parent pharmacy, with the capability of live video and audio communication with a registered pharmacist at the parent pharmacy during hours of operation;

(iii)

Adequate provision for security, including verification of customer identity and prescription information;

(iv)

Automated inventory control using bar codes, radio frequency tags or a similar identification system;

(v)

Prominent display of the name, address and toll free telephone number of the parent pharmacy.

(c)

A telepharmacy system operated as provided in this act and in accord with rules and regulations of the board is deemed to be operated under the charge of a registered pharmacist for purposes of W.S. 33
‑
24
‑
113(b). A pharmacist may not serve as a pharmacist in charge for more than one (1) telepharmacy at any one time.

Section 2.

W.S. 33
‑
24
‑
101 is amended as follows:

33
‑
24
‑
101.

Short title; definitions.

(a)

This act
means W.S. 33
‑
24
‑
101 through 33
‑
24
‑
301 and
shall be known as the "Wyoming Pharmacy Act".

(b)

"This act" means W.S. 33
‑
24
‑
101 through 33
‑
24
‑
301.

(c)

As used in this act
:
,

(i)

"Direct supervision" means that a licensed pharmacist shall be physically present and capable of observing the actions of a pharmacy technician except at telepharmacies where video oversight is maintained;

(ii)

"Telepharmacy" means a site located within a medical clinic or community health center that is remote from but under the active control and supervision of a licensed pharmacist, and that is staffed during hours of operation by a certified pharmacy technician or registered pharmacy intern;

(iii)

"Collaborative pharmaceutical care" means a pharmacist working in collaboration with physicians and other medical providers authorized to prescribe medications;

(iv)

"
U
nprofessional conduct" means:

(i)
(A)

Dispensing a drug or brand of drug in filling a prescription which differs from that specified by the prescription without authority of the issuer of the prescription;

(ii)
(B)

Obtaining any fee by fraud or misrepresentation;

(iii)
(C)

Willfully betraying patient confidences, provided a pharmacist may provide otherwise confidential patient information to other licensed health care professionals treating the patient;

(iv)
(D)

Employing directly or indirectly any student or any suspended or unlicensed pharmacist to practice pharmacy unless authorized by law;

(v)
(E)

Advertising in a misleading, false or deceptive manner;

(vi)
(F)

Filling a prescription which is more than two (2) years old;

(vii)
(G)

Filling a prescription without reasonable inquiry and confirmation of its validity if there are reasonable grounds to doubt the current existence of a doctor-patient relationship between the prescriber and the customer seeking to obtain the drug;

(viii)
(H)

Filling a prescription with a drug that is past the expiration date provided by the manufacturer or supplier of the drug or other competent authority;

(ix)
(J)

Filling a prescription with drugs which have not been refrigerated as recommended by the manufacturer or supplier of the drugs or by other competent authority; or

(x)
(K)

Other actions defined by rule and regulations as relevant to the pharmacist's professional character.

(d)

"Collaborative pharmaceutical care" means a pharmacist working in collaboration with physicians and other medical providers authorized to prescribe medications.

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

1