33-22-106. Officers of board; rules and regulations; compensation of board; necessary personnel.
The board shall elect from its membership a chairman, vice-chairman and secretary-treasurer, and shall adopt rules and regulations to govern its proceedings. This board will serve without compensation except for the receipt of per diem and mileage as provided in W.S. 33-1-302(a)(vii). The board may employ and fix the compensation and duties of necessary personnel to assist it in the performance of its duties.
33-22-107. Determining qualifications of administrator; examinations; holder of license deemed qualified.
The board shall have sole and exclusive authority to determine the qualifications, skill and fitness of any person to serve as an administrator of a nursing home or similar institution. The board may give examinations and shall determine the subjects of examination for applicants for licensure as nursing home administrators, and the scope, content and format of such examinations which in any examination shall be the same for all candidates; provided, however, that such examinations shall include examination of the applicant to demonstrate his proficiency in the rules and regulations of health and safety. The holder of a license under the provisions of this act shall be deemed qualified to serve as the administrator of a nursing home.
(a) The board shall:
(i) Develop, impose and enforce standards which must be met by individuals in order to receive a license or temporary license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who have backgrounds that do not evidence conduct adverse to the practice of nursing home administration or to the ability to practice nursing home administration and are otherwise suitable, and who, by training or experience, in the field of institutional administration, are qualified to serve as nursing home administrators;
(ii) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;
(iii) Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding such license is determined substantially to have failed to conform to the requirements of such standards, subject to the provisions of the Wyoming Administrative Procedure Act;
(iv) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of standards with respect to administrators of nursing homes who have been licensed as such;
(v) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;
(vi) Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards; and
(vii) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this paragraph.
The board shall have the authority to make such rules and regulations not inconsistent with law as may be necessary for the proper performance of its duties, and to take such other action as may be necessary to enable the state to meet the requirements set forth in section 1908 of the Social Security Act, the federal rules and regulations promulgated thereunder, and other pertinent federal authority.
It shall be unlawful and a misdemeanor for any person to act or serve in the capacity of a nursing home administrator unless he is the holder of a license or temporary license as a nursing home administrator, issued in accordance with the provisions of this act.
(a) The board may issue a temporary license to an applicant for:
(i) Licensure who has provided all of the information required for licensure and is awaiting the results of the applicant's criminal history record background check under W.S. 7-19-201. A temporary license issued under this paragraph shall expire when the board receives the results of the applicant's criminal history record background check and issues the applicant a license or denies the application for licensure;
(ii) Licensure pending completion of the experience and examination requirements established by rule of the board. A temporary license issued under this paragraph shall be valid for not more than six (6) months. No applicant shall receive more than two (2) separate temporary licenses under this paragraph; or
(iii) A temporary license who, by training or experience in the field of institutional administration, the board determines is qualified to serve as the administrator of a nursing home that does not have a licensed nursing home administrator. A temporary license issued under this paragraph shall be valid for not more than six (6) months.
(b) The holder of a temporary license under the provisions of this act shall be authorized to serve as a nursing home administrator for the period that the temporary license is valid.
(c) The holder of a temporary license shall be subject to the standards of conduct imposed on a license holder under this act.
33-23-101. Definitions; authorized scope of practice; prohibited procedures; exceptions.
(a) As used in this act:
(i) "Board" means the Wyoming state board of examiners in optometry;
(ii) "License" means a current license to practice optometry in this state issued by the board;
(iii) "Licensee" means a person licensed by the board under this act;
(iv) "Optometrist" or "doctor of optometry" means a person licensed by the board under this act;
(v) "Physician" means a person holding a valid license issued by the Wyoming state board of medicine under the Medical Practice Act;
(vi) "Controlled substance" means any drug, substance or immediate precursor listed in schedules I through V of article III of the Wyoming Controlled Substances Act of 1971;
(vii) "Ophthalmic lenses" means any type of spectacle or contact lenses;
(viii) "Contact lenses" shall include contact lenses with or without power;
(ix) "This act" means W.S. 33-23-101 through 33-23-116.
(b) The practice of optometry occurs when a person employs primary human eye care procedures, including:
(i) The examination, diagnosis and treatment of abnormal conditions and diseases of the eye, its adnexa and visual system;
(ii) Measuring the powers and range of vision of the eye to determine the accommodative and refractive state and general function of the eye;
(iii) The adaptation, sale, prescribing and dispensing of frames and ophthalmic lenses in all their forms;
(iv) Ordering and performance of diagnostic laboratory or imaging tests;
(v) The prescribing and administration of pharmaceutical agents, as provided in W.S. 33-23-102;
(vi) Preoperative and postoperative care for those procedures excluded from the practice of optometry under subsection (c) of this section;
(vii) Any laser procedure as set forth by the board's rules and not excluded under subsection (c) of this section.
(c) The following ophthalmic procedures shall be excluded from the authorized practice of optometry:
(i) The following general procedures:
(A) Administration of general anesthesia;
(B) Surgery performed with general anesthesia.
(ii) The following laser procedures:
(A) Corneal procedures;
(B) Procedures of the vitreous chamber of the eye for the purpose of treating any retinal or macular disease;
(C) Retinal procedures.
(iii) The following nonlaser procedures:
(A) Surgery related to removal of an eye from a living person;
(B) Surgery of the bony orbit, including orbital implants;
(C) Incisional or excisional surgery of the extraocular muscles;
(D) Surgery of the eyelid for suspected malignancies or for incisional cosmetic or mechanical repair of blepharochalasis, ptosis or tarsorrhaphy;
(E) Incisional or excisional surgery of the lacrimal system other than probing or related procedures;
(F) Surgery requiring full thickness conjunctivoplasty with graft or flap;
(G) Pterygium surgery;
(H) Surgery requiring full thickness incision or excision of the cornea or sclera, other than paracentesis, in an emergency requiring immediate reduction of pressure inside the eye;
(J) Corneal transplants;
(K) Surgery requiring incision of the iris or ciliary body, including diathermy or cryotherapy;
(M) Surgical extraction of the crystalline lens;
(N) Surgical intraocular implants;
(O) Surgery requiring removal of the vitreous;
(P) Procedures of the vitreous chamber of the eye for the purpose of treating any retinal or macular disease, including intra-vitreal injection;
(Q) Surgery requiring manipulation of the retina;
(R) Intravenous injections.
(d) The provisions of this chapter do not prevent a physician from treating or fitting glasses to the human eye, or a physician or optometrist from filling prescriptions or orders. Nor do the provisions of this chapter prevent the replacing, duplicating or repairing of ophthalmic lenses or the frames or fittings thereof by persons qualified to write or fill prescriptions or orders under the provisions of this act, nor prevent the doing of the merely mechanical work upon such lenses or upon the frames or fittings thereof.
(e) It is unlawful for any person to dispense, replace or duplicate ophthalmic lenses or any contact lenses without a prescription or order from a physician or optometrist. A contact lens prescription shall specifically state that it is intended for contact lenses and include the type and specification of the contact lenses being prescribed. An optometrist shall provide, at no additional cost to the patient, a written copy of his contact lens prescription. The prescription shall only be released after the contact lenses have been adequately fitted and no more follow-up visits are necessary to assure the contact lenses fit the patient. The essential information necessary to duplicate the prescription shall be defined by rules adopted by the board. All contact lens prescriptions shall have an expiration date after which it shall be unlawful to fill such prescription. The prescribing optometrist shall not be liable for any injury or condition to a patient resulting from negligence in packaging, manufacturing or dispensing lenses by anyone other than the prescribing optometrist. Any person may file a complaint with the board seeking disciplinary action concerning any violation of this subsection. The board shall investigate or cause to be investigated and shall resolve a complaint on its own motion or upon receipt of a written complaint as provided by W.S. 33-23-110. No person shall improperly fill a contact lens prescription or fill an expired prescription.
(f) The provisions of this chapter do not prohibit the sale of goggles, sunglasses, colored glasses or occupational eye-protective devices if they do not have refractive values, nor do the provisions of this act prohibit the sale of complete ready-to-wear eyeglasses as merchandise by any person not holding himself out as competent to examine, test or prescribe for the human eye or its refractive errors.
(g) Nothing in this act shall prevent an optometrist from using assistants in his practice under his general supervision as defined in board rule.
33-23-102. Optometrist's use of certain drugs; limitation.
An optometrist shall be allowed to administer and prescribe pharmaceutical agents related to the practice of optometry for the treatment of ocular disease, excluding schedule I and II narcotics, but allowing for the prescribing of hydrocodone or hydrocodone containing pharmaceutical agents regardless of schedule.
(a) It is unlawful for any person in the state of Wyoming to practice or attempt to practice optometry or to advertise, or hold himself out as qualified to fit or adjust any lenses or lens in any manner or form as an aid to human eyesight, without first obtaining a license to practice optometry.
(b) A person who is damaged by another person who violates this section may in addition to other remedies provided by law, institute suit in the county where the violation occurred to require enforcement by injunctive procedures and to recover damages plus court costs and reasonable attorney's fees.
(c) A person who is attending an optometry school accredited by a regional or professional accreditation organization which is recognized or approved by the United States Department of Education (USDE) or the Council on Higher Education Accreditation (CHEA), or their successor agencies, may practice optometry while doing an externship for said school under the direct supervision of an optometrist or physician licensed in this state.
33-23-104. Board of examiners in optometry; created;
composition; designation; duties generally; appointment; qualifications and terms of members; vacancies; oath. The Wyoming state board of examiners in optometry is created to carry out the purposes and enforce the provisions of this act. The board shall consist of five (5) members appointed by the governor and shall include three (3) licensed optometrists, one (1) member of the public and one (1) licensed health care professional other than a licensed optometrist. The terms of the office of the members appointed shall be three (3) years or until their successors have qualified. Each member of the board shall be a resident of the state of Wyoming and each optometrist member of the board shall have been engaged in the actual practice of optometry in the state for at least one (1) year prior to appointment. The governor shall make all appointments to fill vacancies caused by death, resignation or removal. The governor may remove any member as provided in W.S. 9-1-202. The members of the board, before entering upon their duties, shall take and subscribe to the oath required to be taken by state officers and shall file the oath in the office of the secretary of state.
33-23-105. Board of examiners in optometry; officers; powers of members; meetings; quorum; records.
The board shall annually elect officers. Each member of the board shall have the power, during his term of office to administer oaths and take affidavits, certifying thereto under his hand and seal provided and kept by the board. The board shall meet at least once in each year, for the purpose of holding an examination, and in addition thereto, upon the call of the president or request of a majority of its members. A majority of the board shall constitute a quorum. The secretary shall keep a complete record of the proceedings of the board, which record shall be open to public inspection at all reasonable times.
33-23-106. Board of examiners in optometry; compensation of members; disposition of funds.
(a) Each member of the board may receive as compensation the sum paid each day to members of the state legislature for each day spent in board meetings and per diem and mileage as provided in W.S. 33-1-302(a)(vii). Expenses shall be paid from the fees and assessments received under the provisions of this act. All fees, assessments and other monies, except fines and penalties, received under the provisions of this act, may be used for meeting the expenses of the board and in carrying out the provisions of this act. In no event shall any expenses be charged against the state.
(b) All money shall be received and collected as provided by law. The state treasurer shall credit the money to a separate account.
(a) Any applicant for licensure under this act is required to pass the examination series administered by the National Board of Examiners in Optometry, or its successor agency, or any other examination specified by the board in rule. The applicant shall be a graduate of an optometric school or college accredited by a regional or professional accreditation organization which is recognized or approved by the council on postsecondary accreditation or the United States Department of Education (USDE) or the Council on Higher Education Accreditation (CHEA), or their successor agencies. Examinations shall cover subjects designated by the board.
(b) Repealed by Laws 2021, ch. 78, § 2.
(c) In addition to satisfying the requirements under subsection (a) of this section, an applicant for licensure under this act shall provide the board fingerprints and other information necessary for a criminal history record background check as provided under W.S. 7-19-201.
(d) The board of examiners, pursuant to W.S. 33-1-201, shall establish fees for the standard examination, initial license and the annual renewal of the license. Every optometrist who desires to continue the practice of optometry shall annually, on or before April 1, pay the board the required renewal fee. A license which has expired due to failure to renew may be reinstated by the board upon receipt of the renewal fee and reinstatement and late fees set by the board in accordance with W.S. 33-1-201 provided the request for reinstatement is received in the board office no later than June 30 of the year in which the license expired. An optometrist who previously notified the board that he had retired may renew his license by submitting renewal fees for each year in which no license was issued and a reinstatement fee within three (3) years of the expiration date of the last license held. Upon retirement from active practice, an optometrist shall notify the board in writing.
(e) The board may issue a license by endorsement to engage in the practice of optometry to an applicant who is currently licensed in another United States or Canadian jurisdiction with substantially equivalent requirements as Wyoming and who meets Wyoming requirements for licensure by endorsement. Applicants for licensure by endorsement shall comply with standards set forth in board rules.
33-23-110. Refusal, suspension or revocation of license.
(a) The board may suspend, revoke or refuse to issue a license to any person who has been guilty of unprofessional and dishonest conduct, unethical conduct, conduct likely to deceive the public or failure to timely submit a renewal application.
(b) "Unprofessional and dishonest conduct" as used in this act means:
(i) The loaning of his license by any licensed optometrist to any person; the employment of "cappers" or "steerers" to obtain business, "splitting" or dividing a fee with any person or persons, the advertising by any means whatsoever of optometric practice or treatment or advice in which untruthful, improbable, misleading or impossible statements are made;
(ii) Repealed by Laws 1995, ch. 42, § 2.
(iii) Being guilty of offenses that relate to the practice of optometry or to the ability to practice optometry or involving habitual intemperance, or being habitually addicted to the use of morphine, opium, cocaine, or other drugs having a similar effect;
(iv) The obtaining of any fee by intentional fraud or intentional misrepresentation or false pretenses;
(v) The use of any other term by a person licensed under this act except the term "optometrist" or "doctor of optometry" to designate his profession;
(vi) Employing either directly or indirectly any suspended or unlicensed optometrist to perform any work covered by the practice of optometry;
(vii) Incompetence, malpractice or unethical conduct;
(viii) Knowingly making any false statement of any material fact in any application or other instrument required by law to be filed with the board;
(ix) The board may clarify definitions stated in this subsection by properly promulgated rules and regulations.
(c) Board disciplinary proceedings will be conducted in accordance with the Wyoming Administrative Procedure Act and the rules and regulations of the board.
(d) Repealed by Laws 2005, ch. 59, § 2.
(e) Repealed By Laws 2005, ch. 59, § 2.
(f) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
33-23-111. Limitation on rights conferred by license; prohibited acts.
(a) Nothing in this act shall be construed as conferring on the holder of a license issued by the board, the title "doctor of medicine," "ophthalmologist," or any other word or abbreviation indicating that he is engaged in the practice of medicine.
(b) Repealed by Laws 2021, ch. 78, § 2.
33-23-113. Advertising and display of license requirements.
(a) An advertisement for the practice of optometry shall identify the license held pursuant to this act. The advertisement shall be free from deceptive or misleading information.
(b) To communicate to the patient the license held pursuant to this act, a licensee shall:
(i) Wear a photo identification name tag during patient encounters. The photo identification name tag shall include a photograph of the licensee, the licensee's name, and the license held pursuant to this act. The name tag shall be of a sufficient size for a patient to read the contents of the tag and shall be worn in a manner so as to be visible and apparent to the patient;
(ii) Display the license certificate issued by the board, in its entirety, in a conspicuous place in his office, wherein the practice of optometry is conducted;
(iii) Comply with these requirements in each practice setting.
(c) A licensee who enters into a collaborative practice agreement with a medical doctor or doctor of osteopathy shall conspicuously post in each office the regularly scheduled hours the medical doctor or doctor of osteopathy intends to be physically present in the office.
All optometrists shall take courses of study in subjects relating to the practice of the profession of optometry for the utilization and application of new techniques, scientific and clinical advances, and achievements of research which will assure expansive and comprehensive care to the public. The board shall determine the requirements for continuing education pursuant to rules promulgated by the board. The board may use up to one-half (1/2) of its annual renewal fees for the purposes of contracting with institutions of higher learning, professional organizations, or qualified individuals to provide educational programs that meet this requirement. The board may also treat funds set aside for the purpose of continuing education as state funds for the purpose of accepting any funds made available under federal law on a matching basis for the programs of continuing education.
(a) Any person who violates any provision of this act is guilty of a misdemeanor and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than six (6) months in the county jail, or both.
(b) Any person aggrieved by a violation of this act, the Wyoming state board of examiners of optometry, the attorney general or the district or county attorney may institute suit in the county in which a violation of this act occurred to require enforcement by injunctive procedures and to recover a civil penalty not to exceed ten thousand dollars ($10,000.00) per violation, plus costs.
(c) Where a civil penalty is sought the defendant shall be entitled to a jury trial.
(a) This act means W.S. 33-24-101 through 33-24-301 and shall be known as the "Wyoming Pharmacy Act".
(b) As used in this act:
(i) Repealed by Laws 2022, ch. 7, § 2.
(ii) "Telepharmacy" means a site where prescription drugs are stored and dispensed that is remote from but under the active control and supervision of a parent pharmacy and a licensed pharmacist and that is subject to the requirements of W.S. 33-24-156;
(iii) "Collaborative pharmaceutical care" means a pharmacist working in collaboration with practitioners authorized to prescribe medications;
(iv) "Unprofessional conduct" means:
(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, regarding the patient's name, drug, strength, quantity, directions or number of authorized refills;
(B) Obtaining any fee by fraud or misrepresentation;
(C) Willfully betraying patient confidences, provided a pharmacist may provide otherwise confidential patient information to other licensed health care professionals treating the patient;
(D) Employing directly or indirectly any student, any unlicensed pharmacy technician or any unlicensed pharmacist to practice pharmacy unless authorized by this act;
(E) Advertising in a misleading, false or deceptive manner;
(F) Filling a prescription which is more than two (2) years old;
(G) Filling a prescription without reasonable inquiry and confirmation of its validity if there are reasonable grounds to doubt the current existence of a practitioner-patient relationship between the practitioner and the customer seeking to obtain the drug;
(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;
(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
(K) Other actions defined by rule and regulations as relevant to the pharmacist's professional character.
(a) There is created a state board of pharmacy whose duty is to carry out the purposes and to enforce the provisions of this act. The board shall consist of nine (9) voting members consisting of five (5) pharmacists, one (1) physician, one (1) dentist or veterinarian, one (1) member of the public and one (1) pharmacy technician, who shall be appointed by the governor, by and with the advice and consent of the senate.
(b) The term for board members shall be six (6) years, and shall expire on March 1. Each member, unless removed, shall serve until his successor is appointed and qualified. Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103.
(c) The board shall promulgate reasonable rules and regulations as necessary to carry out the purposes and enforce the provisions of this act.
33-24-103. State board of pharmacy; qualifications of members; limitation on terms; prohibited affiliations.
(a) A pharmacist who is currently licensed as provided in this article and actively engaged in the practice of pharmacy in Wyoming shall be eligible to be a voting member of the board of pharmacy if the pharmacist is a United States citizen and resident of Wyoming and at the time of appointment has been legally qualified to practice and engaged in the active practice of pharmacy in the state continuously for at least five (5) years.
(b) A dentist, physician or veterinarian who is currently licensed pursuant to chapter 15, 25 or 30 of this title shall be eligible to be a voting member of the board of pharmacy if the dentist, physician or veterinarian is a United States citizen and resident of Wyoming and at the time of appointment has been licensed to practice and engaged in the active practice of dentistry, medicine or veterinary medicine in this state continuously for at least five (5) years.
(c) A person shall be eligible for appointment as a voting member of the board representing the public if at the time of appointment the person is a United States citizen and resident of Wyoming and at the time of appointment has resided in this state continuously for at least five (5) years.
(d) A pharmacy technician licensed pursuant to article 3 of this chapter and actively practicing as a pharmacy technician in Wyoming shall be eligible to be a voting member of the board if the person is a United States citizen and a resident of this state and at the time of appointment has been employed as a pharmacy technician in Wyoming continuously for at least five (5) years.
(e) No member shall be appointed to, or serve, more than two (2) successive terms.
(f) No member shall be connected with a school or college of pharmacy in a professional or executive capacity.
(g) The term of any person appointed to the board pursuant to subsections (a) through (d) of this section shall expire immediately if the person no longer meets the eligibility criteria specified in the subsection under which the person was appointed.
Any vacancy upon the board caused by the disqualification, resignation, death or removal of a member shall be filled by the governor by appointment for the unexpired term of the vacated position. Appointment to fill a vacancy shall be made within ninety (90) days after the occurrence of the vacancy.
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.
vice-president and secretary-treasurer; common seal; meetings; quorum. The board shall elect from its members a president, vice-president, and a secretary-treasurer. The board shall have a common seal. The board shall meet at least three (3) times a year, and more often if necessary, for the examination of applicants for registration and other business of the board at the times and places as shall be designated by the president or the board. Meetings of the board shall be at the call of the president and the secretary-treasurer or a majority of the board. A regular meeting of the board shall be held in the month of June of each year. A majority of the board shall at all times constitute a quorum, and the proceedings thereof shall at all reasonable times be open to public inspection.
indebtedness; compensation of members; employment and compensation of staff; legal counsel.
(a) The board of pharmacy shall not create any indebtedness on behalf of the state except as provided in this section.
(b) Out of the fees collected and funds assessed by the board, each of the members of the board shall receive salary in the same manner and amount as members of the Wyoming legislature for each full or partial day actually engaged in the duties of his office and shall be reimbursed for per diem and mileage as provided in W.S. 33-1-302(a)(vii). Per diem and mileage expenses shall be paid from the board's account.
(c) The board may employ inspectors, chemists, agents, clerical help and other staff and personnel it determines necessary and may determine their salaries. All employees shall be reimbursed for per diem and mileage expenses as provided for state employees.
(d) The board may engage the services of legal counsel with the approval of the attorney general, to be paid from funds collected under this act.
33-24-109. Disposition of moneys received and collected.
All monies shall be received and collected as provided by law. The state treasurer shall place the money in a separate account. The money shall only be paid out upon a lawful voucher properly accompanied by two (2) signatures authorized by the board showing that the expense has been actually and properly incurred in the performance of the duties devolved upon the board. Upon presentation of the voucher and certificate, the auditor shall draw his warrant upon the treasurer against the account in favor of the proper person. No warrant shall be drawn unless and until there are sufficient monies in the account to pay the same. The account shall only be drawn upon to pay the necessary compensation and expenses of the board, and such expenses as may be necessary to carry out and execute the provisions of this act.
The presiding officer of the board and the secretary are empowered to administer oaths in connection with investigations by and the duties of the board.
33-24-112. Fees for examinations, reexaminations, license renewals and registration renewals; late fees.
(a) The board shall determine each year the fees to be collected for examinations, reexaminations, license renewals and registration renewals based upon annual normal operating expenses, including late fees to be collected for failure to pay a license or renewal fee by the deadline established by the board, provided that:
(i) Examination and reexamination fees shall not exceed five hundred dollars ($500.00) plus the amount charged by the National Association of Boards of Pharmacy to take the examinations;
(ii) License and registration renewals shall not exceed two hundred fifty dollars ($250.00);
(iii) Pharmacy licenses and renewals shall not exceed five hundred dollars ($500.00);
(iv) Licenses and renewals for manufacturers or distributors of oxygen shall not exceed one hundred dollars ($100.00);
(v) Late fees for licenses and renewals shall not exceed three hundred dollars ($300.00); and
(vi) Drug distributor licenses and renewals shall not exceed one thousand dollars ($1,000.00).
(b) Repealed By Laws 1996, ch. 42, § 2.
(c) Repealed By Laws 1996, ch. 42, § 2.
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 prescription drugs or devices in this state pursuant to a prescription or provides pharmaceutical care in this state shall:
(i) 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. 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 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 may deny, suspend, revoke or refuse to renew a license issued under 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:
(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 or any other disciplinary action against the licensee by a board of pharmacy 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 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 prescription drug, controlled substance or medical device that is not approved by the federal food and 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 action is taken against a 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 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.
33-24-114. Required pharmacy facilities, utensils and drugs.
To secure and retain a license, a pharmacy shall be equipped with facilities, apparatus, utensils and stock of drugs and medicines sufficient to permit the prompt and efficient compounding of prescriptions and shall be maintained in a sanitary and orderly manner. The minimum facilities, apparatus, utensils and stock of drugs and medicines shall be prescribed by the board of pharmacy.
It shall be unlawful for any member or members of the state board of pharmacy to sell or offer for sale any license contrary to the provisions of this act. A conviction thereof will constitute an abuse of official power and render such member ineligible for continued membership on the board and create a vacancy in his position.
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:
(i) Submit an application in the form and containing information as prescribed by the board;
(ii) Have attained the age of majority;
(iii) Be possessed of a background that does not evidence conduct adverse to the practice of pharmacy or to the ability to practice pharmacy;
(iv) Have graduated and received a professional 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;
(v) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements specified in board regulations;
(vi) Have successfully passed an examination or examinations approved by the board;
(vii) Pay the fees specified in board regulations for the examination and any related materials;
(viii) 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. The board may delay issuing a license pending its receipt of the information from the background check.
The applicant shall pass an examination, which has been adopted by the board, in a manner satisfactory to a reasonable board. The examination shall be, so far as the board shall deem practicable, on such subjects as are prescribed in the curriculum and taught in the accredited colleges and universities which offer courses of study leading to the degree above described and required, on the ethical and practical aspects of the practice of pharmacy which will confront a successful applicant in the practice of the profession in Wyoming, and on the laws and rules relating thereto. The examination shall be offered in the manner prescribed by the board.