Administrative Rule Review Report  #AR11-019

Legislative Service Office

10-May-11

 

AGENCY:                                 Wyoming Board of Pharmacy

 

DATE SUBMITTED:                   April 25, 2011.

 

SUBJECT:                                 Chapter 2, General Practice of Pharmacy; Chapter 3, Pharmacy Internship; Chapter 14, Telepharmacy; Chapter 5, Poison (Repeal); Chapter 7, Computer (Repeal); Chapter 3, Fees for Registration and Re-Registration (CSA); Chapter 4, Records and Inventories of Registrants (CSA); Chapter 6, Issuing, Filing and Filling of Prescriptions (CSA); and Chapter 8, Prescription Drug Monitoring Program.

 

NATURE OF RULES:                     Legislative and procedural.       

 

STATUTORY AUTHORITY:         W.S. 33-24-102(c).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.

 

SUMMARY OF RULES:        The Wyoming State Board of Pharmacy administers the Wyoming Pharmacy Act, W.S. 33-24-101 through 301, and the Wyoming Controlled Substances Act, W.S. 35-7-1001 through 1062.  The Board is generally updating and revising its rules under the Pharmacy Act and the Controlled Substances Act.  The Board’s Statement of Reasons provides an accurate and complete description of the rule changes.  Significant changes include:

 

•  Addition of definitions for “audit trail,” “authentication” of identity; “electronic prescription,” “electronic transmission,” “paper prescription,” “pharmacy intern,” and “readily retrievable” for purposes of required record retention;

 

•   Authorization of electronic prescriptions in accordance with changes adopted by the U.S. Drug Enforcement Administration;

 

•  Updating of definitions and scope of authority for practice by pharmacy interns;

 

•   Amendment of telepharmacy provisions to accommodate dispensing of controlled substances as now authorized by the DEA;

 

•   Procedural amendments and definitions to implement the pilot program for real-time database data access.

 


 

 

 

FINDINGS:     The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:         That the rules be approved by the Council as submitted by the Agency but that the Council request the Governor to caution the agency concerning the need to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report. 

 

 

 

                                                            _______________________

                                                            Gerald W. Laska

                                                            Staff Attorney

 

                                                            _______________________

                                                            Dan J. Pauli

                                                            Director

 

GWL