33-24-118. Registration of applicant; issuance of license; contents of license or certificate of registration.
Upon an applicant passing the examination the board shall cause his name and residence to be registered in a record kept by it for that purpose; and if the application is complete and there are no known grounds for denial of the license requested, the board shall issue to the applicant a license as evidence of his eligibility to practice pharmacy. The license, or certificate of registration shall contain, along with the other advisory information, the name of the person to whom issued, the date of issuance, and a special registration number designed by the board for exclusive identification of the registrant.
33-24-119. 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 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.
(c) An applicant who fails in his examination shall have the privilege, if he so desires, of applying to the board for a reexamination. This application shall be made in writing and shall be accompanied with the proper fee.
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 board, shall be prima facie evidence before all the courts of this state of the entries therein contained.
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 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 board shall issue a renewal license certificate.
(b) A late fee as provided by W.S. 33-24-112(a)(v) shall be charged to any licensee failing to renew his license by December 31.
(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 to the address last recorded for the licensee with the 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 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 shall require one and one-half (1 1/2) hours of continuing education related to the responsible prescribing of controlled substances annually. The board may require a person licensed as an inactive pharmacist, who seeks to be licensed as an active pharmacist, to:
(i) Provide proof of meeting the continuing education requirements for each year the person was licensed as an inactive pharmacist; or
(ii) Complete the continuing education requirements for each year, up to a maximum of five (5) years, the person was licensed as an inactive pharmacist.
33-24-122. 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 one (1) or more of the following causes:
(i) Conviction of a felony or high misdemeanor that relates to the practice of pharmacy or to the ability to practice pharmacy, in which case the record of conviction or a copy thereof certified by the clerk or judge of the court in which the conviction is had shall be conclusive evidence;
(ii) For renting or loaning to any person his or her license or diploma to be used as a license or diploma for such person;
(iii) For unprofessional conduct;
(iv) For knowingly submitting false or misleading information to the board in the application for a license or renewal of a license;
(v) For knowingly submitting false or misleading information to the board or its representative regarding the professional practice of the internship or professional practice of pharmacy by any other person;
(vi) Willful violation of any provision of this chapter or any willful violation of any of the provisions of the Wyoming Controlled Substances Act of 1971 or any amendments thereto;
(vii) Willful violation of any rules or regulations promulgated by the board in accordance with this chapter or the Wyoming Controlled Substances Act of 1971;
(viii) If the person's registration or license to practice has been refused, lapsed for cause, expired for cause, 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;
(ix) For senility or mental impairment which impedes the pharmacist's professional abilities or for habitual personal use of morphine, cocaine or other habit forming drugs or alcohol;
(x) For physical impairment which unnecessarily impedes the pharmacist's professional abilities and for which there can be no reasonable accommodation;
(xi) For violating W.S. 35-4-1001.
(b) If a person accused of violating subsection (a) of this section admits the violation, or the board finds the causes alleged to be true and determines that a letter of admonition or revocation or suspension of a license or registration is an inappropriate remedy, the board may assess an administrative penalty against that person of not more than two thousand dollars ($2,000.00) for each violation of this act or rule promulgated under this act, to be paid into the county treasury to the credit of the public school fund of the county in which the violation occurred. In addition to the penalty imposed under this subsection, the board may impose a license probation period upon that person, a violation of which is grounds for license revocation or suspension under subsection (a) of this section.
(c) The board may summarily suspend the license of any person holding a pharmacist license without a hearing if the board finds probable cause to believe that there is imminent danger to the public health or safety. The board may meet by telephone to consider summarily suspending a license if a quorum of the board is not available to meet in person under exigent circumstances. Summary suspension shall occur if the board determines there is probable cause to believe that continued practice by the licensee constitutes an imminent danger to the public health or safety. Proceedings for a disciplinary hearing shall be instituted simultaneously with the summary suspension. If the board does not commence the disciplinary hearing within thirty (30) days of the suspension order, the suspension shall be automatically vacated. At the written request of the suspended licensee in order to prepare for a hearing, the thirty (30) day period may be extended and the temporary suspension continued for an additional period not to exceed thirty (30) days.
(d) The board of pharmacy shall revoke the license and registration of any pharmacist if the person is convicted of violating any provision of W.S. 35-6-401 through 35-6-404.
33-24-123. Revocation or suspension of license and registration; proceedings; informal resolution.
(a) Except as provided by subsections (b) and (c) of this section, proceedings under W.S. 33-24-122 may be taken by the board from matters within its knowledge, or may be taken upon the information of others; provided however, that if the informant is a member of the board, the other members of said board shall constitute the board for the purpose of finding judgment of the accused. The board shall, if it deems the charge sufficient, give notice by mail to the accused of facts or conduct which warrant the intended action, and afford the accused a hearing, as provided by law. All hearings or proceedings hereunder shall be conducted in accordance with the procedures prescribed by the Wyoming Administrative Procedure Act. If the accused does not appear, the board may proceed and determine the accusation in his absence. If the accused pleads guilty, or, upon the hearing the board shall find the causes alleged, or any of them to be true, it may proceed to judgment and may either revoke his registration and license, or merely revoke his license or suspend it for a specified period of time, or condition any of such sanctions on such future active or passive conduct of the offender as the board shall determine is reasonable, provided that such remedies are not exclusive and shall be in addition to other remedies provided by law. Upon revocation of any registration or license, the fact shall be noted upon the records of the board of pharmacy and the license shall be marked as cancelled upon the date of its revocation.
(b) Notwithstanding subsection (a) of this section, the executive director may subject to board approval and upon mutual agreement with a licensee, informally resolve violations of W.S. 33-24-122(a) and impose administrative penalties authorized under W.S. 33-24-122(b) in lieu of the proceedings specified under subsection (a) of this section. If the board disapproves the agreement and informal resolution, the agreement shall not:
(i) Constitute any admission by the licensee;
(ii) Be admissible in any subsequent proceeding under this act;
(iii) Prohibit the director from filing a formal complaint;
(iv) Prohibit the licensee from contesting or objecting to a formal complaint filed by the director or from appealing the decision of the board.
(c) 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. Notwithstanding subsection (a) of this section, no appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
(a) Any person shall be deemed to be practicing pharmacy within the meaning of this act who provides collaborative pharmaceutical care or prepares, or compounds, or processes, or packages, or repackages, or labels, or dispenses, or sells, or offers for sale, at retail or in connection with operation of a health-care facility, any dangerous drugs, medicines, poisons, chemicals, narcotics, or prescriptions, which are identified as such in accordance with this act.
(b) "Practice of pharmacy" means, but is not limited to:
(i) Interpreting, evaluating, compounding, dispensing or administering medical orders or prescriptions;
(ii) Providing patient counseling;
(iii) Assessing the patient for the purpose of prescribing drugs and devices pursuant to board of pharmacy rules;
(iv) Initiating or providing pharmacist care services pursuant to board of pharmacy rules;
(v) Using continuous quality improvement programs, emerging technologies and competency-based education to improve patient safety and the quality of services provided;
(vi) Engaging in collaborative pharmaceutical care.
(c) Regarding collaborative pharmaceutical care:
(i) Nothing in this section shall be deemed to require any pharmacist to provide collaborative pharmaceutical care. No employer shall discriminate against a pharmacist on the basis that the pharmacist declines to participate in a collaborative pharmacy practice agreement;
(ii) The practice of collaborative pharmaceutical care shall be governed by board of pharmacy rules.
(a) Dangerous drugs, medicines, poisons, chemicals, and narcotics include only those drugs, chemicals, poisons, medicines and other substances which are intended for use by man:
(i) Which are habit forming; or
(ii) Which because of toxicity or other potentiality for harmful effect, or method of use, or the collateral measures necessary to its use, are not safe for use except under the supervision of a practitioner licensed by law to prescribe such substances; or
(iii) Which are designated as dangerous substances under the provisions of W.S. 33-24-131; and which are named and thereby included on a list of dangerous drugs, medicines, poisons, chemicals and narcotics compiled by the board of pharmacy and by them filed with the department of health. The board will provide a complete current copy of such list to all persons requesting same at cost.
33-24-126. Dangerous substances; compilation of list.
In compiling such list of dangerous substances, and determining which substances shall be included thereon, and in adding substances thereto, and in deleting substances therefrom, the board shall consider all information which shall come to its attention from reasonably reliable sources and shall compile the list making use of such information about, experience with, and knowledge of (or lack of knowledge of or about) each substance and shall include, add or delete each substance as the accumulation of such information, experience, knowledge, or lack thereof, shall indicate according to the definitions and guidelines provided in W.S. 33-24-125.
33-24-127. Adoption of certain publications by reference;
list of dangerous substances open to public inspection; petition to add or delete substances from list.
(a) The board is authorized to adopt, by reference if feasible, in whole or in part the United States Pharmacopoeia, the National Formulary, and supplements thereto and later editions thereof, and lists of drugs the traffic in which is restricted by federal law, provided always:
(i) That a complete copy of the current list shall be always open to the public inspection at the department of health; and
(ii) Any citizen may petition the board in writing to add or to delete any substance to or from the list, which petition shall be considered by the board after providing the petitioner reasonable notice and opportunity to be heard thereon. The board may consider treatises and scientific reports without requiring formal foundations or proofs thereof, and may accept or reject the conclusions therein or deductible therefrom as deemed best in the light of the professional knowledge and experience of the individual members of the board.
33-24-128. Appeal from decisions of board as to list of dangerous drugs.
Appeal from decisions of the board relating to composition of, additions to or deletions from the list of dangerous drugs shall be had initially to the advisory council to the department of health, the decision of which advisory council shall be final unless appealed by either the pharmacy board or the petitioner to the courts of this state. All appeals shall be conducted as provided by the Wyoming Administrative Procedure Act. No board shall be concluded by decisions of any previous board as to a particular substance, provided that the board shall not be obliged to consider the same substance more than once during any twelve (12) month period.
This act does not apply to physicians, dentists, veterinarians, podiatrists, optometrists, osteopaths or midwives licensed by law to practice their professions within this state or to other persons authorized by federal law and state law to treat sick and injured persons in Wyoming and to use controlled substances in the course of treatment.
33-24-130. Exemptions; administration of drugs and medicine.
Unless otherwise provided by law, the provisions of this act do not apply to administration of drugs and medicines, or to persons engaged in the administration of drugs and medicines. Administration of drugs and medicines, for the purpose of this exclusion, is hereby defined as actual, personal distribution to, or injection in, or application to a particular human being, of substances or material which has already been prepared, selected, measured, packaged, and labeled, or otherwise specifically identified by a person qualified to do so under the terms of this act.
The provisions of this act shall not apply to the sale at wholesale or sale by any method at retail of economic poisons, medical and dental supplies, cosmetics, dietary foods, or nonnarcotic, nonprescription, prepackaged medicinal preparations contained in distinctive and original unbroken containers, when such medicinal preparations are identified by and sold under a trade name of the manufacturer or primary distributor thereof and are sold or offered for sale to the general public, if such articles meet the requirements of state and federal food, drug and cosmetic laws; provided however, that notwithstanding the above, any drug, medicinal preparation, or substance for use by man which is determined by the state board of pharmacy, after notice to the manufacturer or primary distributor thereof, and opportunity to be heard pursuant to the provisions of the Wyoming Administrative Procedure Act, as having a depressant or stimulant effect on the central nervous system or its hallucinogenic effect, or as habit forming, or as a drug or product which, because of its toxicity or other potentiality for harmful effect, or method of use, or the collateral measures necessary for such use is not safe for use except under the supervision of a practitioner licensed by law to prescribe such substances, may be designated by rule as a dangerous drug which shall be restricted to sale on prescription of a practitioner licensed by law to prescribe such substances.
33-24-133. 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.
(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 an application in the form and containing information as prescribed by the board;
(ii) Meet the qualifications specified in W.S. 33-24-116(a)(ii) through (iv);
(iii) Have engaged in the practice of pharmacy for a period of at least one (1) year or have met the requirements of W.S. 33-24-116(a)(v) within one (1) year immediately preceding the date of application;
(iv) Have been a licensed pharmacist by examination in another state;
(v) Submit evidence that the applicant's license to practice pharmacy in any other state has not been suspended, revoked or otherwise restricted for any reason other than nonrenewal or the failure to obtain the required continuing education credits;
(vi) Pay the fees specified in board regulations for licensure by reciprocity;
(vii) 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;
(viii) Have passed an examination regarding applicable federal and state statutes and regulations relating to the practice of pharmacy in Wyoming.
(b) Repealed By Laws 2007, Ch. 211, § 2.
(c) Repealed By Laws 2007, Ch. 211, § 2.
(d) Repealed By Laws 2007, Ch. 211, § 2.
(e) The board may issue a temporary pharmacist license, provided the applicant has met those requirements in paragraphs
(i) through (vii) of subsection (a) of this section as well as other requirements established by the board. A temporary pharmacist license shall not be effective for a period of more than six (6) months from the date of issuance and shall not be renewed. The board may charge a fee not to exceed twenty-five dollars ($25.00) for issuance of a temporary pharmacist license. A pharmacist with a temporary license may be disciplined as provided by W.S. 33-24-122 and 33-24-123.
(a) The internship or practical experience requirement for registration as a pharmacist in this state shall consist of no more than two thousand (2,000) and no less than one thousand two hundred (1,200) hours experience in a pharmacy or related setting. Hours shall be accumulated after the completion of the first professional year in an approved college or school of pharmacy or, for those applicants who have graduated from a foreign college of pharmacy, completed a transcript verification program, taken and passed a college of pharmacy equivalency exam program and completed a communication ability test as provided in board regulations. Hours of internship experience accumulated may be determined by the board.
(b) The board is hereby empowered to promulgate and enforce such reasonable regulations as may from time to time appear necessary to provide that interns shall receive broad training in all aspects of the profession during internship, and that each intern shall keep a record thereof during a portion of the training reflecting his work and experience and whether it conforms to the requirements of the board.
(c) The service and experience rendered and gained during internship must be predominantly related to the preparing, compounding, processing, packaging, labeling, and dispensing of the restricted substances, selling or offering the same for sale at retail, keeping records in regard thereto, and making reports required by law in regard thereto, all under the personal guidance and supervision of a preceptor.
(d) Each prospective intern shall be licensed by the board upon payment of a fee and shall register by application giving the intern's name and address. Under its regulations the board may provide for consideration and acceptance of internship served in other jurisdictions.
(e) The board may issue a letter of admonition or suspend or revoke a pharmacy intern's license for any:
(i) Willful violation of any provision of this chapter or the Wyoming Controlled Substances Act of 1971;
(ii) Willful violation of any rule or regulation promulgated pursuant to this chapter or the Wyoming Controlled Substances Act of 1971;
(iii) Conviction of a felony or misdemeanor that relates to the practice of pharmacy or to the ability to practice as a pharmacy intern;
(iv) Action which threatens the public health, safety or welfare; or
(v) Knowing submission of false or misleading information to the board in the application for an initial or renewal license.
33-24-136. Filing memorandum of prescription; labels
generally; prescription defined; counseling and patient profiles.
(a) Every person who prepares, compounds, processes, packages or repackages, dispenses, fills or sells or offers for sale, at retail or in connection with operation of a health care facility, any prescription, shall place the written or electronic record of the prescription in a separate file marked and kept for that purpose, and shall affix a label to the container in which the prescribed substance is dispensed bearing the name and address of the pharmacy and initials of the dispensing pharmacist, or of the preceptor if the dispenser is an intern, the date on which the prescription is filed in the pharmacy's files, the name of the person who prescribed the substance, the name of the patient or customer for whom the prescription was made and directions for use by the patient as directed on the prescription by the practitioner.
(b) "Prescription" means an order for medication by a person licensed and authorized by the state board of medicine, the state board of dental examiners, the state board of nursing, the state board of registration in podiatry, the state board of examiners in optometry or the state board of veterinary medicine which is dispensed to or for an ultimate user, but does not include an order for medication which is dispensed for immediate administration to the ultimate user. Each prescription record shall be maintained and available for inspection by agents of the board for a period of two (2) years from the date it is filed.
(c) Pharmacists shall offer to and shall counsel patients if requested, concerning and in conjunction with drugs dispensed pursuant to a new prescription.
(d) Pharmacies shall maintain patient profile records of the dispensing of drugs pursuant to a prescription.
(e) Notwithstanding subsection (a) of this section, if, in the opinion of the pharmacist, an emergency exists whereby the practitioner who ordered or prescribed the prescription cannot be contacted for authorization and there is a need to refill the prescription, the pharmacist may provide up to a seventy-two (72) hour supply, or the smallest available unit, of the previously prescribed drug, except a controlled substance. Nothing in this subsection shall be construed to require a pharmacist to refill the prescription in the absence of authorization from the practitioner.
No person shall manufacture, make, produce, package, pack or prepare within this state any drugs, medicines, medical supplies, chemicals or poisons, for human treatment or medication except under the personal and immediate supervision of a registered pharmacist, chemist, pharmaceutical chemist or such other person who may be approved by the board after investigation and determination that he is qualified by scientific or technical training or experience to perform the duties of supervision as may be necessary to protect the public health and safety.
The board shall propose, and with the advice of the practicing licensees in this state shall adopt and from time to time amend or revise, a comprehensive code of ethics for the profession of pharmacy the review of which shall become obligatory on all applicants for license or renewal thereof.
33-24-141. Use of letters "RPh" or word "pharmacist".
Whenever any person shall append the letters "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 the person is subject to the regulations and convictions and penalties of this act.
Any person who practices pharmacy, as defined in this act, without being properly qualified and licensed as required, or who violates any of the other provisions of this act shall be subject to criminal prosecution, and upon conviction may be fined not more than one hundred dollars ($100.00), or imprisoned for not more than thirty (30) days, or both. Each separate violation of this act shall constitute a separate offense; provided, that upon a second or subsequent conviction, such person shall be subject to a fine of not more than five hundred dollars ($500.00), and imprisonment of not more than six (6) months.
It shall be the duty of the district attorney for the county where the violation occurs to attend to the prosecution of all criminal complaints made under this act, both upon the trial in the circuit court where the complaint may be made, and also upon hearings in the district court, either upon such complaint, or upon the information or indictment filed against any person under this act. Nothing in this act shall be construed to prevent the prosecution of any person for violation of this act upon the information of the district attorney directly.
When it appears to the board that any person is violating any of the provisions of this act, the board may, in its own name, bring an action in a court of competent jurisdiction for an injunction, and courts of this state may enjoin any person from violation of this act regardless of whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. Such proceedings shall be prosecuted by the attorney general or, if approved by the attorney general, by private counsel engaged by the board.
33-24-145. Powers and duties of agents, inspectors and board members.
(a) The board, its agents and inspectors may specially, but not exclusively, examine and inspect all activities in this state undertaken in compliance with W.S. 33-24-101 through 33-24-301 which appear to be contrary to or in violation of W.S. 33-24-101 through 33-24-301, to procure enforcement and to check for violations and provide for enforcement of related federal laws and regulations. The inspectors may also determine if practitioners' records are adequately kept in a manner reflecting professional responsibility and may provide legislative recommendations if records are not found to be adequately maintained.
(b) The board, its agents and inspectors shall examine and inspect drug manufacturers, distributors and wholesalers, licensed pursuant to W.S. 33-24-153.
(a) As used in this act:
(i) "Brand name" means the proprietary or trade name selected by the manufacturer and placed upon a drug, its container, label or wrapping at the time of packaging;
(ii) "Generically equivalent drug" means a drug that contains identical active ingredients in the identical dosage forms, but not necessarily containing the same inactive ingredients, that meet the identical compendial or other applicable standards of identity, strength, quality and purity, including potency, and, where applicable, content uniformity, disintegration times or dissolution rates, as the prescribed brand name drug, and, if applicable, the manufacturer or distributor holds either an approved new drug application or an approved abbreviated new drug application unless other approval by law or from the Federal Food and Drug Administration is required. A generically equivalent drug shall bear an "AB" or higher rating in the Federal Food and Drug Administration Approved Drug Products with Therapeutic Equivalence Evaluations;
(iii) "Generic name" means the chemical or generic name, as determined by the United States Adopted Names (USAN) and accepted by the Federal Food and Drug Administration (FDA), of those drug products having the same active chemical ingredients;
(iv) "Substitute" means to dispense a generically equivalent drug or interchangeable biological product in place of the prescription ordered or prescribed;
(v) "Therapeutically equivalent" means drugs that will provide the same bioavailability or bioequivalence when administered to an individual in the same dosage regimen;
(vi) "Biological product" means as defined in 42 U.S.C. 262(i)(1);
(vii) "Interchangeable biological product" means a biological product that the United States food and drug administration has:
(A) Licensed and determined meets the standards for interchangeability under 42 U.S.C. 262(k)(4); or
(B) Determined is therapeutically equivalent to the prescription ordered or prescribed, as set forth in the latest edition or supplement to the Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book) issued by the United States food and drug administration.
(viii) "This act" means W.S. 33-24-146 through 33-24-151.
(a) Repealed By Laws 2001, Ch. 54, § 2.
(b) Except as limited by W.S. 33-24-149(b) or when the practitioner has clearly indicated substitution is not permitted, a pharmacist may substitute:
(i) A drug product with the same generic name in the identical strength, quantity, dose and dosage form as the prescribed drug, provided the substituted product or drug meets all requirements specified in W.S. 33-24-147(a)(ii);
(ii) An interchangeable biological product.
(c) Repealed By Laws 2001, Ch. 54, § 2.
(d) Repealed By Laws 2001, Ch. 54, § 2.
(e) A pharmacist may not substitute a generically equivalent drug unless it has been manufactured with the following minimum manufacturing standards and practices by a manufacturer who:
(i) Marks capsules and tablets with an identification code or monogram;
(ii) Labels products with their expiration date;
(iii) Maintains reasonable resources for product information;
(iv) Maintains recall capabilities for unsafe or defective drugs.
(f) Repealed By Laws 2001, Ch. 54, § 2.
(g) When a practitioner orally communicates a prescription and prohibits substitution of an interchangeable biological product or generically equivalent drug, the pharmacist shall make reasonable efforts to obtain a written prescription from the practitioner with the phrase "brand medically necessary" written on the face of the prescription in his own handwriting.
(a) A pharmacist who receives a prescription for a brand name prescription drug may dispense any interchangeable biological product or generically equivalent drug of the brand name prescription drug prescribed, unless the prescribing practitioner has clearly indicated substitution is not permitted.
(b) If a practitioner prescribes a prescription drug by its generic name or by the nonproprietary name of an interchangeable biological product, the pharmacist may dispense the generically equivalent drug or the interchangeable biological product as defined in this act.
(c) Except as provided in subsection (e) of this section, when a pharmacist dispenses an interchangeable biological product or generically equivalent drug as authorized by this act, he shall label the prescription container with the name of the dispensed biological product or drug. If the dispensed drug or product does not have a brand name, the prescription label shall indicate the generic name of the drug dispensed or the nonproprietary name of the interchangeable biological product dispensed.
(d) The national drug code number or the name of the manufacturer or distributor of the interchangeable biological product or generically equivalent drug dispensed shall be noted on the prescription record or entry 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 practitioner orders "do not label", or words of similar import, on the prescription or so designates in an oral or electronic transmission of the prescription.
(f) Except as otherwise provided in subsections (g) and
(j) of this section, not later than five (5) business days after dispensing a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product dispensed to the patient, including the name and manufacturer of the product. The entry shall be electronically accessible to the practitioner through one (1) of the following electronic records systems:
(i) An interoperable electronic medical records system;
(ii) Electronic prescribing technology;
(iii) A pharmacy benefit management system; or
(iv) A pharmacy record.
(g) Except as otherwise provided in subsection (j) of this section, if an electronic records system under subsection (f) of this section is not available, the dispensing pharmacist shall, not later than five (5) business days after dispensing a biological product, communicate to the practitioner the specific product dispensed to the patient, including the name and manufacturer of the product, using facsimile, telephone, electronic transmission or any other prevailing means of communication.
(h) An entry made into an electronic records system under subsection (f) of this section or a communication made under subsection (g) of this section shall establish a presumption that the practitioner received notice of the biological product dispensed to the patient.
(j) The requirements of subsections (f) and (g) of this section shall not apply if:
(i) There is no interchangeable biological product for the product prescribed by the practitioner; or
(ii) A prescription for a refill is not changed from the product dispensed on the prior filling of the prescription.
(k) The dispensing pharmacist shall notify a patient of the biological product which was dispensed, which may be carried out through the prescription label required pursuant subsection
(c) of this section.
Any pharmacist who selects the drug product to be dispensed shall assume no greater liability for selecting the dispensed product as would be incurred in filling a prescription for a drug product prescribed by generic name.
33-24-151. Substitution not considered practice of medicine; individual causes of action.
(a) The substitution of any dangerous substance by a registered pharmacist or a registered pharmacy intern under his supervision does not under this act constitute the practice of medicine.
(b) This act shall not be construed to deny any individual a cause of action against a pharmacist or his employer for violations of this act, including failure to observe accepted standards of care of the pharmaceutical profession.
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 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:
(i) Repealed by Laws 2005, ch. 215, § 2.
(ii) Comply with all directions and requests for information from the regulatory or licensing agency of the state in which it is licensed as well as with all requests for information made by the board pursuant to this section. The nonresident pharmacy shall maintain, at all times, a valid unexpired license, permit or registration to conduct the pharmacy in compliance with the laws of the state in which it is a resident;
(iii) Maintain its records of controlled substances or dangerous drugs or devices dispensed to patients in this state so that the records are readily retrievable from the records of other drugs dispensed;
(iv) Comply with all requirements of the Wyoming Generic Drug Substitution Act;
(v) 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;
(vi) Immediately notify the board of the occurrence of any of the following:
(A) Permanent closing of pharmacy operations;
(B) Change in pharmacy ownership, name, management, location or pharmacist in charge;
(C) Conviction of a pharmacy owner or employee for a felony under 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) Any pharmacy subject to this section shall, during its regular hours of operation, but not less than six (6) days per week, and for a minimum of forty (40) hours per week, provide a toll free telephone service to facilitate communication between patients in this state and a pharmacist at the pharmacy who has access to the patient's records. This toll free number shall be disclosed on a label affixed to each container of drugs dispensed to patients in this state.
(c) A pharmacy applying for licensure under this section shall be charged the fee specified in W.S. 33-24-112(a)(iii).
(d) A nonresident pharmacy license under this section shall be renewed annually on or before June 30 by submitting a renewal application to the board.
(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:
(i) Failure to comply with any requirement of the pharmacy practice act of the state of domicile or the Wyoming Controlled Substances Act. Upon a determination by the board's executive director that the pharmacy practice act of the state of domicile is less protective of the public than the provisions of this act and could endanger the public health, safety or welfare, the executive director before any adverse action pursuant to this paragraph shall provide notice of the noncompliance to the nonresident pharmacy and afford a reasonable opportunity to cure the noncompliance;
(ii) Failure to comply with rules and regulations of the board or regulatory body of the jurisdiction in which the pharmacy is located. Upon a determination by the board's executive director that the rules and regulations of the state of domicile are less protective of the public than the provisions of the board's rules and regulations and could endanger the public health, safety or welfare, the executive director before any adverse action pursuant to this paragraph shall provide notice of the noncompliance to the nonresident pharmacy and afford a reasonable opportunity to cure the noncompliance;
(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 by a board of pharmacy against the licensee 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 nonresident 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 regulatory authority in the state where the pharmacy is located;
(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.
(f) Repealed by Laws 2005, ch. 215, § 2.
(g) It is unlawful for any nonresident pharmacy which is not licensed by the board to advertise its services in this state, or for any person to advertise the pharmacy services of a nonresident pharmacy which has not been licensed by the board, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy to fill prescriptions. Any person convicted of violating this subsection shall be subject to the penalties provided by W.S. 33-24-142.
(h) Before any final adverse administrative action is taken against a nonresident 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 the compulsory attendance of witnesses and may appeal to the first judicial district court located in Laramie county in accordance with the Wyoming Administrative Procedure Act.
33-24-153. Manufacturer or wholesaler registration;
requirements for registration; bonds or other security; fees; renewal; denial, revocation or suspension; record keeping; summary orders; administrative penalties; definitions.
(a) Every wholesale distributor who engages in the distribution of prescription drugs in this state shall obtain from the board a drug distributor's license for each distribution location. In addition, every nonresident wholesale distributor who ships prescription drugs into this state shall be licensed by the licensing authority in the state in which the distributor resides. For manufacturers engaged in wholesale distribution of prescription drugs in this state, the provisions of this section that are more stringent than those required by the United States food and drug administration shall not apply. This section shall not apply to resident pharmacies registered under W.S. 33-24-113, nonresident pharmacies registered under W.S. 33-24-152 or to individuals practicing medicine as defined by W.S. 33-26-102(a)(xi)(B) and (E).
(b) Applications for a drug distributor's license under this section shall be made on a form furnished by the board. Applicants 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.
(c) The fee for a drug distributor's license shall be the fee specified in W.S. 33-24-112(a)(iii).
(d) Repealed By Laws 2007, Ch. 211, § 2.
(e) Every drug distributor's license shall be renewed annually on or before the first day of July.
(f) Any administrative penalty assessed under this section 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.
(g) By January 1, 2009, the board shall require every drug distributor license holder and applicant to submit a bond in the amount of one hundred thousand dollars ($100,000.00), or other security acceptable to the board such as an irrevocable letter of credit or deposit in a trust account or financial institution, payable to a fund established by the board pursuant to paragraph (h) of this section. The purpose of the bond or other security shall be to secure payment of any fines or penalties imposed by the board and any fees and costs incurred by the board regarding the drug distributor's license which are authorized under state law and which remain unpaid thirty (30) days after liability for the payment is final. The board shall release the bond or security one (1) year after the distributor's license ceases to be valid. The bond or security shall cover all facilities operated by the applicant and licensed by the board. The board may waive the requirement of a bond or other security if:
(i) The drug distributor has previously obtained a comparable bond or other security for the purpose of licensure in another state where the wholesaler possesses a valid license in good standing; or
(ii) The drug distributor is a publicly held company.
(h) The board shall establish a fund, separate from its other accounts, for the deposit of amounts submitted in lieu of a bond pursuant to subsection (g) of this section.
(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.
(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:
(A) Violated a provision of this section; or
(B) Sold, distributed, transferred, manufactured, repackaged, handled or held a counterfeit prescription drug intended for human or animal use.
(ii) The prescription drug at issue as a result of a violation in paragraph (k)(i)(B) of this section could cause serious adverse health consequences or death; and
(iii) Other procedures would result in unreasonable delay in responding to the dangers posed by the prescription drug at issue.
(m) An order issued by the board pursuant to subsection
(k) of this section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten (10) working days after the date of the issuance of the order, on the actions required by the order. If, after providing an opportunity for a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.
(n) The board may deny, suspend, revoke or refuse to renew a license issued under this section, may issue a letter of admonition and may assess an administrative penalty not to exceed those penalties established in paragraph (o) of this section for any of the following acts:
(i) Failure to obtain a license in accordance with this section or operating without a valid license when a license is required;
(ii) The sale, distribution or transfer of a prescription drug to a person who is not authorized to receive the prescription drug under the law of the jurisdiction in which the person receives the prescription drug;
(iii) Repealed by Laws 2017, ch. 169, § 2.
(iv) Providing the board with false or fraudulent records or making false or fraudulent statements regarding the provisions of this section or board rules;
(v) Obtaining or attempting to obtain a prescription drug by fraud, deceit or misrepresentation, or engaging in fraud or misrepresentation in the distribution of a prescription drug;
(vi) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved by the United States food and drug administration, the adulteration, misbranding or counterfeiting of any prescription drug;
(vii) The receipt of any prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit or suspected of being counterfeit, or the delivery or proffered delivery of such drug whether for pay or otherwise; and
(viii) The adulteration, mutilation, destruction, obliteration or removal of all or any part of the labeling of a prescription drug or the commission of any other act with respect to a prescription drug that results in the prescription drug being misbranded.
(o) The board may assess an administrative penalty for a violation of subsection (n) of this section as follows:
(i) If a person unknowingly engages in the wholesale distribution of prescription drugs and acts in violation of subsection (n) of this section, the person may be assessed an administrative penalty not to exceed fifty thousand dollars ($50,000.00);
(ii) If a person knowingly engages in wholesale distribution of prescription drugs in violation of subsection
(n) of this section, the person may be assessed an administrative penalty not to exceed five hundred thousand dollars ($500,000.00).
(p) The board is authorized to contract with a private person or entity to inspect and accredit drug distributors. Any proprietary information obtained during the accreditation process shall remain confidential and privileged. The board shall provide by rule and regulation for the administrative review of any decision denying accreditation.
(q) The board may license by reciprocity a drug distributor that is licensed in another state if:
(i) The requirements of the distributor's domiciliary state are determined by the board to be substantially equivalent to the requirements of this state for licensing of drug distributors; or
(ii) The applicant is accredited by a third party approved by the board.
(r) For purposes of this section:
(i) "Designated representative" means an individual designated by a wholesale drug distributor and who is actively involved in and aware of the actual daily operation of the wholesale drug distributor at the wholesaler's licensed location;
(ii) Repealed by Laws 2017, ch. 169, § 2.
33-24-154. Emergency administration of controlled substances.
Notwithstanding any other provision of this act or the Wyoming Controlled Substances Act, the board, by rule or regulation, may authorize nursing homes, hospices, extended care facilities or intermediate care facilities to maintain a limited supply of controlled substances or other drugs on the premises for emergency administration to the residents and patients therein without being subject to the licensure requirements of this act.
33-24-155. Reports required to state health officer.
(a) As provided by department of health rule and regulation, a pharmacist shall report in the manner established through published reporting procedures provided to each licensed pharmacist, any unusually high volume of any type of prescription filled, unusual trend in pharmacy visits or unusual trend in nonprescription medication sales that the pharmacist has reason to believe is related to a public health emergency.
(b) Pursuant to department of health rule and regulation, there may be a review of medical records by the state health officer, his designee or their designated health care representative who shall be under the supervision of the state health officer or his designee to confirm diagnosis, investigate causes or identify other cases of disease conditions in a region, community or workplace in the state to determine if proper measures have been taken to protect the public health and safety. Notwithstanding any other provision of law, the review of records during a public health emergency or disease outbreak may occur without patient consent, but shall be kept confidential and shall be restricted to information necessary for the control, investigation and prevention of any disease condition dangerous to the public health. Any person who receives medical information under this subsection shall not disclose that information for any other purpose than the investigation and any disease control effort. Any violation of this subsection is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.
(a) The board pursuant to its rules and regulations may authorize a resident pharmacy licensee to store and dispense prescription drugs as provided in subsection (b) of this section through a telepharmacy located at a site at least ten (10) miles from a licensed pharmacy except this ten (10) mile restriction does not apply:
(i) In counties with a city of fifty thousand (50,000) or more persons as shown in the most recent federal census; or
(ii) To any facility owned or leased by the state or any subdivision of the state; or
(iii) To any facility located in a hospital or clinic setting.
(b) Telepharmacies shall include the following minimum features:
(i) Storage, security and dispensing of prescription drugs only:
(A) In unit of issue packages;
(B) Through a system which dispenses tablets or capsules from an enclosed and lockable cabinet directly into a prescription vial and prints and applies a prescription label to the vial; or
(C) By manually dispensing tablets, capsules or liquids from a stock bottle into a prescription vial and affixing a prescription label to the vial.
(ii) Connection by a secure communication system to the parent pharmacy, with the capability of live video and audio communication with a licensed 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;
(vi) Telepharmacies shall be supervised by a parent pharmacy and a licensed pharmacist and shall be staffed during hours of operation by a licensed pharmacist, certified pharmacy technician or registered pharmacy intern.
(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 licensed pharmacist for purposes of W.S. 33-24-113(b).
(d) A licensed pharmacist who supervises a telepharmacy shall complete an inspection of the telepharmacy at a frequency specified by the board of pharmacy. Inspection criteria shall be developed by the state board of pharmacy and all inspection criteria shall be included in the policies and procedures applicable to each telepharmacy site. Inspection reports shall be prepared pursuant to standards adopted by the board of pharmacy and shall be maintained by each telepharmacy until the next state board of pharmacy inspection.
(a) A pharmacist licensed under this act may only prescribe and administer immunizations recommended for healthy individuals age seven (7) and older in a private space utilized for counseling and administering immunizations to ensure patient safety and confidentiality as authorized by the board. Parental consent shall be required for prescriptions for immunizations and for administration of immunizations pursuant to this section for any minor child. A pharmacist administering vaccinations pursuant to this section shall enter a record of the immunization in the Wyoming immunization registry operated by the department of health. Nothing in this subsection shall be deemed to require any pharmacist to administer immunizations to individuals who are less than thirteen (13) years of age. No employer shall discriminate against a pharmacist on the basis that the pharmacist determines not to administer immunizations to individuals who are less than thirteen (13) years of age.
(b) A pharmacist licensed under this act may administer immunizations to adults who are considered high risk only by prescription from a licensed physician.
(c) The board, in cooperation with the Wyoming state board of medicine, shall adopt rules specifying immunizations allowed under this act and the requirements a pharmacist shall meet in order to prescribe and administer immunizations, including requirements for spaces in which immunizations shall be administered by a pharmacist.
(d) A pharmacy technician or pharmacy intern licensed under this act shall only administer immunizations under the supervision of a pharmacist licensed under this act. A pharmacy technician or pharmacy intern who intends to administer immunizations shall register with the board, but nothing in this subsection shall be deemed to require any pharmacy technician to administer immunizations to individuals who are less than thirteen (13) years of age. No employer shall discriminate against a pharmacy technician on the basis that the pharmacy technician determines not to administer immunizations to individuals who are less than thirteen (13) years of age.