Administrative Rule Review Report  #AR07-063

Legislative Service Office

14-Nov-07

 

AGENCY:                                 Wyoming Board of Pharmacy.

 

DATE SUBMITTED:                  October 29, 2007.

 

SUBJECT:                                 Chapter 2, Sections 4, 6, 11, 33, 34; Chapter 3, Sections 2 and 6; Chapter 4, Section 2; Chapter 16, Section 2, Wyoming Pharmacy Act; and Chapter 6, Section 4; and Chapter 8, Section 7, Wyoming Controlled  Substance Act.

 

NATURE OF RULES:                     Legislative, procedural

 

STATUTORY AUTHORITY:         W.S. 33-24-102, 33-24-116, 33-24-134, 33-24-135

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

 

SUMMARY OF RULES:  The rules that are being amended deal with the practice of pharmacy in Wyoming.  The rules are amended by adding a definition for foreign pharmacy graduate.  The rules establish that a foreign pharmacy graduate may apply for licensure as a pharmacist if the applicant obtains a certificate from and meets certain requirements established by the Foreign Pharmacy Graduate Examination Committee.

 

The rules are amended to delete the discretion of the Board to recognize the qualifications of an applicant as determined by the National Association of Boards of Pharmacy and to delete the ability of pharmacists from other states to satisfy only the requirements which existed in this state at the time the pharmacist registered in another state.  The rules are also amended to require that drug strength and quantity shall be labeled on all original or refill prescription drug containers and that all packaging issued to residents of long term care facilities or from emergency room departments shall be labeled with the product's physical description.

 

The rules are amended to establish centralized prescription processing which provides a process for a pharmacy to outsource the dispensing of a drug to another licensed pharmacy under certain conditions as established by the new rules.  The rules as amended provide that each pharmacy shall maintain certain records related to the outsourcing or filling of prescriptions through the centralized prescription processing procedure.

 

The rules are amended to establish requirements related to the use of automated storage and distribution systems which would allow a patient access to drugs or devices as prescribed to the patient if the drugs do not require an offer to counsel by a pharmacist and are not a schedule II controlled substance in Wyoming.

 

The rules establish that the term "intern" includes foreign pharmacy graduates who are required to complete practical experience for licensure as a pharmacist.

 

The rules are amended to establish that conduct which exploits the position the pharmacist or if a pharmacist offers to exchange drugs for sexual gratification shall be considered unprofessional conduct.

 

The rules are also amended to include pertussis and human papillomavirus vaccines within the definition of "immunizations".

 

The rules are amended to establish that a schedule III-V controlled substance prescription faxed by a practitioner does not need to be printed on security paper.  The rules also require pharmacies to report certain information related to the dispensing of the non-controlled prescription drugs tramadol and carisprodol, including any product where those drugs are an active ingredient.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.  A new rule letter was sent out on October 31, 2007.  No comments were received concerning the rules.

 

STAFF RECOMMENDATION:  That the rules be place on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Joshua Anderson

                                                            Research Associate

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

JDA/