Wyoming Pharmacy Act-amendments.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0121

ENROLLED ACT NO. 82,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to the Wyoming Pharmacy Act; modifying grounds for suspension and revocation of pharmacy licenses; modifying responsibilities of the secretary of the state board of pharmacy; modifying provisions related to examination and reexamination; modifying mailing requirements for license renewal notices and examination notices; removing authorization for the board to credit continuing education units to another year; modifying drug substitution procedures; modifying definitions; removing obsolete language; repealing provisions related to pharmacist pedigree documents; and providing for an effective date.

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

Section 1
.

W.S.
33
‑
24
‑
101(b)(iii), (iv)(G), 33
‑
24
‑
105, 33
‑
24
‑
113(a)(intro), (d)
(intro),
(v), (vii) and (viii), 33
‑
24
‑
116(a)(iv), 33
‑
24
‑
119, 33
‑
24
‑
120, 33
‑
24
‑
121(a), (c) and (d)(intro), 33
‑
24
‑
122(a)(viii), 33
‑
24
‑
133, 33
‑
24
‑
134(a)(i), 33
‑
24
‑
141, 33
‑
24
‑
149(a), (b), (d) and
(e), 33
‑
24
‑
152
(a)(intro),
(e)(v), (vii) and (viii), 33
‑
24
‑
153(b), (j)
and
(k)(i)(B) are amended to read:

33
‑
24
‑
101
.

Short title; definitions.

(b)

As used in this act:

(iii)

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

(iv)

"
Unprofessional conduct
"
means:

(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

practitioner
‑
patient

relationship between the
prescriber
practitioner
and the customer seeking to obtain the drug;

33
‑
24
‑
105
.

State board of pharmacy; oath or affirmation of members.

Each member of the board hereinafter appointed shall, before entering upon the duties of his office, take and subscribe an oath or affirmation that the member will support the constitution and the laws of the United States and the state of Wyoming, and that the member will faithfully perform the duties as a member of the state board of pharmacy
.

examiners
of the state.

33
‑
24
‑
113
.

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

(a)

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

(d)

The board may deny, suspend, revoke or refuse to renew a license issued under
the

this
section, may issue a letter of admonition to a resident pharmacy licensee and may assess an administrative penalty, not to exceed two thousand dollars ($2,000.00) per violation, against a resident pharmacy licensee on any of the following grounds:

(v)

Suspension or revocation of a pharmacy license
or any other disciplinary action against the licensee
by a board of pharmacy

in any other state;

(vii)

Purchase or receipt of a
dangerous
prescription
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
prescription
drug, controlled substance or medical device that is not approved by the federal
food and

drug administration;

33
‑
24
‑
116
.

Qualifications of applicants for licensure as a pharmacist by examination.

(a)

Any person seeking licensure by examination to practice pharmacy in this state may make application in writing to the board. The applicant shall:

(iv)

Have
graduated and received
the first

a

professional
undergraduate
degree from a college or school of pharmacy that has been approved by the board or have graduated from a foreign college of pharmacy. Graduates from a foreign college of pharmacy shall have completed a transcript verification program, taken and passed a college of pharmacy equivalency exam and completed a communication ability test as provided in board regulations;

33
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24
‑
119
.

Reexamination fees; no refund of fees; notice of results of examination; application for reexamination.

(a)

All reexamination fees shall be the same as the current fee for the initial examination to be paid to the
secretary of the
board. Before such examination is had, the fee must be paid, and in no case shall the examination or reexamination fee be refunded.

(b)

The applicant shall be informed within a reasonable time if he passed or failed to pass the examination.
A notification as aforesaid shall be made by mail to the address furnished therefor by applicant in his application.

(c)

An applicant who fails in his examination shall have the privilege, if he so desires, of applying to the board for a reexamination
.

at
the next scheduled examination meeting.
This application shall be made in writing and shall be accompanied with the proper fee.

33
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24
‑
120
.

Records as prima facie evidence.

The board shall keep a record in which shall be recorded the names and addresses and pertinent information of all applicants and such other matters as shall afford a full record of its activities; the records or transcripts therefrom, duly certified by the
secretary of the
board, shall be prima facie evidence before all the courts of this state of the entries therein contained.

33
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24
‑
121
.

Renewal license certificate; late fee; expiration upon failure to renew; reinstatement; continuing professional education requirement for renewal; reduction or exception determined by board.

(a)

On or before December 31 of each year, any pharmacist licensed to practice pharmacy in this state
shall transmit to the
secretary of the
board his signature, registration number and address together with proof of compliance with subsection (d) of this section, the annual fee determined by the board and the relevant information pertaining to criminal, substance abuse, professional liability and licensure history. Upon receipt and compliance with all requirements, the
secretary
board
shall issue a renewal license certificate.

(c)

If the licensee fails to secure the renewal certificate before December 31, the license to practice expires ten (10) days after mailing of written notice to renew sent to the holder by certified mail
, return receipt requested,
to the address last recorded for the licensee with the
secretary
board
. An expired license may be restored by the board upon compliance with this section not later than March 31 following expiration of the license.

(d)

The board may require that any person applying for renewal in accordance with subsection (a) of this section shall satisfactorily complete not less than six (6) nor more than fifteen (15) contact hours or not less than three
‑
fifths (3/5) of one (1) continuing education unit nor more than one and one
‑
half (1 1/2) continuing education units of approved continuing pharmaceutical education courses each year. For purposes of this subsection, one (1) continuing education unit is equivalent to ten (10) contact hours. No hours or units used for one (1) year shall apply to any other year.
The board may allow hours completed in one (1) year to be credited to another year.
The board shall promulgate rules and regulations necessary to administer this subsection and may reduce or make exception to the requirements of this subsection for the initial year of application and for emergency or hardship cases. The board may require a person licensed as an inactive
pharmacist, who seeks to be licensed as an active pharmacist, to:

33
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24
‑
122
.

Revocation or suspension of license and registration; letter of admonition; summary suspension; administrative penalties; probation; grounds.

(a)

The license and registration of any pharmacist may be revoked or suspended by the board of pharmacy or the board may issue a letter of admonition, refuse to issue or renew any license or require successful completion of a rehabilitation program or issue a summary suspension for any of the following causes:

(viii)

If the person's registration or license to practice has been refused,
or
lapsed for cause,
or
expired for cause,
or
revoked for cause,
or suspended for cause
in this or any other jurisdiction
or if the person has otherwise been disciplined
by a board of pharmacy
in this or any other jurisdiction
;

33
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24
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133
.

Association with boards of pharmacy of other jurisdictions.

In order to be informed and to determine the status of boards of pharmacy of other jurisdictions which desire to effect arrangements for reciprocal registration of pharmacists, and in order to also be advised regarding fitness of applicants, and of the progress and changes in pharmacy throughout the country, the board may annually select
at least
one (1) of its members to meet with like representatives from other jurisdictions, and may join in creating and maintaining an association for such mutual ends, and in its discretion the board may contribute such information as it possesses which is useful to such aims
and objects. Additionally, the board may subscribe for and secure the services of associations engaged in the compilation of pharmaceutical information, knowledge and progress, specially adapted to secure excellence and efficiency in the work of the board.

33
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24
‑
134
.

Reciprocity.

(a)

The board, in its sole discretion, may license as a pharmacist in this state without examination, any person who proposes to practice pharmacy in this state who is duly licensed by examination in some other state. An applicant for a license pursuant to this section shall:

(i)

Submit
a written
an
application in the form and containing information as prescribed by the board;

33
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24
‑
141
.

Use of letters
"
RPh
"
or word
"
pharmacist
"
.

Whenever any person shall append the letters
"
R. Ph.
RPh
"
or word
"
pharmacist
"
or such similar designation to his name in any way, for advertising, or upon any card, stationery, door or sign, or occasion either of the same to be done, the same shall be prima facie evidence that
such

the

person is
engaged in the practice of pharmacy and
subject to the regulations and convictions and penalties of this act.

33
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24
‑
149
.

Drug substitution procedures.

(a)

A pharmacist who receives a prescription for a brand name
dangerous
prescription
drug may dispense any generically equivalent drug of the brand name
dangerous
prescription
drug prescribed, unless the prescribing practitioner has clearly indicated substitution is not
permitted
.
, if the drug to be dispensed has a lower, regular and customary retail price than the brand name dangerous drug prescribed, as provided in W.S. 33
‑
24
‑
148.

(b)

If a
physician

practitioner

prescribes a
dangerous
prescription
drug by its generic name, the pharmacist
shall
may
dispense the
lowest retail cost brand in stock which is
generically equivalent
drug
as defined in this act.

(d)

The national drug code number or the name of the manufacturer or distributor of the generic drug dispensed shall be noted on the prescription
memorandum
record
by the pharmacist.

(e)

A prescription dispensed by a pharmacist shall bear upon the label the name of the medication in the container except if the prescriber
writes
orders

"
do not label
"
, or words of similar import, on the prescription
memorandum

or so designates in an oral
or electronic
transmission of the prescription.

33
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24
‑
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
prescription
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 obtain a license from the board, and shall:

(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, against a nonresident pharmacy licensee on any of the following grounds:

(v)

Suspension or revocation

of a pharmacy license
or any other disciplin
ary action
by a board of pharmacy
against the licensee

in any other state;

(vii)

Purchase or receipt of a
dangerous
prescription
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
prescription
drug, controlled substance or medical device that is not approved by the federal
food and

drug administration;

33
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24
‑
153
.

Manufacturer or wholesaler registration; requirements for registration; bonds or other security; fees; renewal; denial, revocation or suspension; record keeping; summary orders; administrative penalties; definitions.

(b)

Applications for a drug distributor's license under this section shall be made on a form furnished by the board.
By January 1, 2009, current license holders and
A
pplicants for licensure under this section shall provide the board with fingerprints, necessary fees and other information required to perform a criminal history record
background check as provided for by W.S. 7
‑
19
‑
201 for the designated representative for each wholesale drug distributor site.

(j)

The board shall require each person engaged in wholesale distribution of prescription drugs to establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of the drugs.
The records shall include pedigrees for all prescription drugs that are or ever have been distributed outside the normal distribution channel as established by board regulations.

(k)

The board shall issue an order to cease distribution of a prescription drug if the board finds that there is probable cause that:

(i)

A drug distributor has:

(B)

Falsified a pedigree or
S
old, distributed, transferred, manufactured, repackaged, handled or held a counterfeit prescription drug intended for human or animal use.

Section 2
.

W.S. 33
‑
24
‑
132
and 33
‑
24
‑
153(
n)(iii) and (r)(ii) are
repealed.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED:
_________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1