Chapter 24 - Pharmacy
CHAPTER 24 - PHARMACY
ARTICLE 1 - IN GENERAL
33-24-101. Short title; definitions.
(a) This act means W.S. 33-24-101 through 33-24-301 and shallbe known as the "Wyoming Pharmacy Act".
(b) As used in this act:
(i) "Direct supervision" means that a licensedpharmacist shall be physically present and capable of observing the actions ofa pharmacy technician except at telepharmacies where video oversight ismaintained;
(ii) "Telepharmacy" means a site located within amedical clinic or community health center that is remote from but under theactive control and supervision of a licensed pharmacist, and that is staffedduring hours of operation by a certified pharmacy technician or registeredpharmacy intern;
(iii) "Collaborative pharmaceutical care" means apharmacist working in collaboration with physicians and other medical providersauthorized to prescribe medications;
(iv) "Unprofessional conduct" means:
(A) Dispensing a drug or brand of drug in filling aprescription which differs from that specified by the prescription, withoutauthority 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 apharmacist may provide otherwise confidential patient information to otherlicensed health care professionals treating the patient;
(D) Employing directly or indirectly any student, anyunlicensed pharmacy technician or any unlicensed pharmacist to practicepharmacy unless authorized by this act;
(E) Advertising in a misleading, false or deceptive manner;
(F) Filling a prescription which is more than two (2) yearsold;
(G) Filling a prescription without reasonable inquiry andconfirmation of its validity if there are reasonable grounds to doubt thecurrent existence of a doctor-patient relationship between the prescriber andthe customer seeking to obtain the drug;
(H) Filling a prescription with a drug that is past theexpiration date provided by the manufacturer or supplier of the drug or othercompetent authority;
(J) Filling a prescription with drugs which have not beenrefrigerated as recommended by the manufacturer or supplier of the drugs or byother competent authority; or
(K) Other actions defined by rule and regulations as relevantto the pharmacist's professional character.
33-24-102. State board of pharmacy; generally.
(a) There is created a state board of pharmacy whose duty is tocarry out the purposes and to enforce the provisions of this act. The boardshall consist of seven (7) voting members consisting of four (4) pharmacists,one (1) physician, one (1) dentist or veterinarian and one (1) member of thepublic and one (1) ex officio pharmacy technician, who shall be appointed bythe governor, by and with the advice and consent of the senate. Members of thenow existing board of pharmacy shall continue in office as voting members as ifregularly appointed under this act. Their terms shall expire in accordance withtheir original appointments and be filled in accordance with the provisions ofW.S. 28-12-101. The ex officio member shall have no vote and shall have no partof licensing procedures or license suspension or revocation actions.
(b) The term for board members shall be six (6) years, andshall expire on March 1. Each member, unless removed, shall serve until hissuccessor is appointed and qualified. Effective July 1, 1979, appointments andterms shall be in accordance with W.S. 28-12-101 through 28-12-103.
(c) The board shall promulgate reasonable rules and regulationsas 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 thisarticle and actively engaged in the practice of pharmacy in Wyoming shall beeligible to be a voting member of the board of pharmacy if the pharmacist is aUnited States citizen and resident of Wyoming and at the time of appointmenthas been legally qualified to practice and engaged in the active practice ofpharmacy in the state continuously for at least five (5) years.
(b) A dentist, physician or veterinarian who is currentlylicensed pursuant to chapter 15, 25 or 30 of this title shall be eligible to bea voting member of the board of pharmacy if the dentist, physician orveterinarian is a United States citizen and resident of Wyoming and at the timeof appointment has been licensed to practice and engaged in the active practiceof dentistry, medicine or veterinary medicine in this state continuously for atleast five (5) years.
(c) A person shall be eligible for appointment as a votingmember of the board representing the public if at the time of appointment theperson is a United States citizen and resident of Wyoming and at the time ofappointment has resided in this state continuously for at least five (5) years.
(d) A pharmacy technician licensed pursuant to article 3 ofthis chapter and actively practicing as a pharmacy technician in Wyoming shallbe eligible to be an ex officio member of the board if the person is a UnitedStates citizen and a resident of this state and at the time of appointment hasbeen employed as a pharmacy technician in Wyoming continuously for at leastfive (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 ofpharmacy in a professional or executive capacity.
(g) The term of any person appointed to the board pursuant tosubsections (a) through (d) of this section shall expire immediately if theperson no longer meets the eligibility criteria specified in the subsectionunder which the person was appointed.
33-24-104. State board of pharmacy; vacancies.
Anyvacancy upon the board caused by the disqualification, resignation, death orremoval of a member shall be filled by the governor by appointment for theunexpired term of the vacated position. Appointment to fill a vacancy shall bemade within ninety (90) days after the occurrence of the vacancy.
33-24-105. State board of pharmacy; oath or affirmation of members.
Eachmember of the board hereinafter appointed shall, before entering upon theduties of his office, take and subscribe an oath or affirmation that the memberwill support the constitution and the laws of the United States and the stateof Wyoming, and that the member will faithfully perform the duties as a memberof the state board of pharmacy examiners of the state.
33-24-106. State board of pharmacy; president, vice-president andsecretary-treasurer; common seal; meetings; quorum.
Theboard shall elect from its members a president, vice-president, and asecretary-treasurer. The board shall have a common seal. The board shall meetat least three (3) times a year, and more often if necessary, for theexamination of applicants for registration and other business of the board atthe 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 thesecretary-treasurer or a majority of the board. A regular meeting of the boardshall be held in the month of June of each year. A majority of the board shallat all times constitute a quorum, and the proceedings thereof shall at allreasonable times be open to public inspection.
33-24-107. State board of pharmacy; removal of members.
Thegovernor may remove any member as provided in W.S. 9-1-202.
33-24-108. State board of pharmacy; creation of indebtedness;compensation of members; employment and compensation of staff; legal counsel.
(a) The board of pharmacy shall not create any indebtedness onbehalf 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 compensation at the rate offifty dollars ($50.00) for each full day actually engaged in the duties of hisoffice and shall be reimbursed for per diem and mileage as provided foremployees of the state. Per diem and mileage expenses shall be paid from theboard's account.
(c) The board may employ inspectors, chemists, agents, clericalhelp and other staff and personnel it determines necessary and may determinetheir salaries. All employees shall be reimbursed for per diem and mileageexpenses as provided for state employees.
(d) The board may engage the services of legal counsel with theapproval of the attorney general, to be paid from funds collected under thisact.
33-24-109. Disposition of moneys received and collected.
Allmonies shall be received and collected as provided by law. The state treasurershall place the money in a separate account. The money shall only be paid outupon a lawful voucher properly accompanied by two (2) signatures authorized bythe board showing that the expense has been actually and properly incurred inthe performance of the duties devolved upon the board. Upon presentation of thevoucher and certificate, the auditor shall draw his warrant upon the treasureragainst the account in favor of the proper person. No warrant shall be drawnunless 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 andexpenses of the board, and such expenses as may be necessary to carry out andexecute the provisions of this act.
33-24-110. Administration of oaths.
Thepresiding officer of the board and the secretary are empowered to administeroaths in connection with investigations by and the duties of the board.
33-24-111. Report to governor.
Theboard shall, as required by W.S. 9-2-1014, report to the governor relative toits proceedings.
33-24-112. Fees for examinations, reexaminations, license renewals andregistration renewals; late fees.
(a) The board shall determine each year the fees to becollected for examinations, reexaminations, license renewals and registrationrenewals based upon annual normal operating expenses, including late fees to becollected for failure to pay a license or renewal fee by the deadlineestablished by the board, provided that:
(i) Examination and reexamination fees shall not exceed fivehundred dollars ($500.00) plus the amount charged by the National Associationof Boards of Pharmacy to take the examinations;
(ii) License and registration renewals shall not exceed twohundred fifty dollars ($250.00);
(iii) Pharmacy licenses and renewals shall not exceed fivehundred dollars ($500.00);
(iv) Licenses and renewals for manufacturers or distributors ofoxygen shall not exceed one hundred dollars ($100.00);
(v) Late fees for licenses and renewals shall not exceed threehundred dollars ($300.00); and
(vi) Drug distributor licenses and renewals shall not exceed onethousand 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 oflicense; suspension, revocation, letter of admonition, administrative penaltyor refusal to renew; appeals.
(a) Any pharmacy located in this state which dispenses, mailsor in any manner delivers controlled substances or dangerous drugs or devicesin this state pursuant to a prescription or provides pharmaceutical care inthis state shall:
(i) Submit a license application to the board on a formprescribed by the board and pay the license fee established by the board in itsrules and regulations. Where pharmaceutical operations are conducted at morethan 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 orpharmacist in charge;
(C) Conviction of any pharmacy owner or employee for violationof 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 andregulation of the board.
(b) The license shall be displayed in a conspicuous place inthe pharmacy for which it is issued, and shall be renewed annually on or beforeJune 30 by submitting a renewal application to the board.
(c) It is unlawful for any person or commercial operation tooperate a pharmacy unless a license has been issued to the operator by theboard of pharmacy.
(d) The board may deny, suspend, revoke or refuse to renew alicense issued under the section, may issue a letter of admonition to aresident pharmacy licensee and may assess an administrative penalty, not toexceed two thousand dollars ($2,000.00) per violation, against a residentpharmacy licensee on any of the following grounds:
(i) Failure to comply with any requirement of this chapter orthe Wyoming Controlled Substances Act;
(ii) Failure to comply with rules and regulations of the board;
(iii) Conviction of a pharmacy owner, pharmacist in charge, staffpharmacist 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 ordeception;
(v) Suspension or revocation of a pharmacy license in any otherstate;
(vi) Knowing submission of false, misleading or fraudulentinformation to the board in connection with an initial or renewal applicationfor a resident pharmacy license;
(vii) Purchase or receipt of a dangerous drug, controlledsubstance or medical device from a source other than a manufacturer, wholesaleror pharmacy licensed by the board;
(viii) Purchase or receipt of a dangerous drug, controlledsubstance or medical device that is not approved by the federal drugadministration;
(ix) Keeping the pharmacy open for business without a licensedpharmacist in charge on site;
(x) Allowing a person who is not licensed by the board toperform duties as a pharmacist, pharmacy technician or pharmacy technician intraining.
(e) Before any final adverse administrative action is takenagainst a pharmacy licensee, the licensee is entitled to a hearing by the boardof pharmacy upon due notice of the time and place where the hearing will beheld. The accused may be represented by legal counsel, is entitled tocompulsory attendance of witnesses and may appeal to the district court of thecounty in which the pharmacy is situated, in accordance with the WyomingAdministrative Procedure Act.
(f) Any administrative penalty assessed shall be paid to theboard who shall remit the monies to the county treasurer to the credit of thepublic school fund of the county in which the violation occurred.
33-24-114. Required pharmacy facilities, utensils and drugs.
Tosecure and retain a license, a pharmacy shall be equipped with facilities,apparatus, utensils and stock of drugs and medicines sufficient to permit theprompt and efficient compounding of prescriptions and shall be maintained in asanitary and orderly manner. The minimum facilities, apparatus, utensils andstock of drugs and medicines shall be prescribed by the board of pharmacy.
33-24-115. Unlawful sale of licenses.
Itshall be unlawful for any member or members of the state board of pharmacy tosell or offer for sale any license contrary to the provisions of this act. Aconviction thereof will constitute an abuse of official power and render suchmember ineligible for continued membership on the board and create a vacancy inhis position.
33-24-116. Qualifications of applicants for licensure as a pharmacistby examination.
(a) Any person seeking licensure by examination to practice pharmacyin this state may make application in writing to the board. The applicantshall:
(i) Submit an application in the form and containinginformation as prescribed by the board;
(ii) Have attained the age of majority;
(iii) Be of good moral character;
(iv) Have graduated and received the first professionalundergraduate degree from a college or school of pharmacy that has beenapproved by the board or have graduated from a foreign college of pharmacy.Graduates from a foreign college of pharmacy shall have completed a transcriptverification program, taken and passed a college of pharmacy equivalency examand completed a communication ability test as provided in board regulations;
(v) Have completed an internship or other program that has beenapproved by the board or demonstrated to the board's satisfaction experience inthe practice of pharmacy which meets or exceeds the minimum internshiprequirements specified in board regulations;
(vi) Have successfully passed an examination or examinationsapproved by the board;
(vii) Pay the fees specified in board regulations for theexamination and any related materials;
(viii) Provide the board with fingerprints, necessary fees andother information required to perform a criminal history record backgroundcheck as provided for by W.S. 7-19-201. The board may delay issuing a licensepending its receipt of the information from the background check.
33-24-117. Written and practical examination required.
Theapplicant shall pass a written and practical examination, which has beenadopted by the board, in a manner satisfactory to a reasonable board. Thewritten examination shall be, so far as the board shall deem practicable, onsuch subjects as are prescribed in the curriculum and taught in the accreditedcolleges and universities which offer courses of study leading to the degreeabove described and required, on the ethical and practical aspects of thepractice of pharmacy which will confront a successful applicant in the practiceof the profession in Wyoming, and on the laws and rules relating thereto. Thepractical examination shall be held at a place designated by the board in themanner prescribed by it.
33-24-118. Registration of applicant; issuance of license; contents oflicense or certificate of registration.
Uponan applicant passing the written and practical examinations the board shallcause his name and residence to be registered in a book kept by it for thatpurpose; and shall issue to the applicant a license as evidence of his eligibilityto practice pharmacy. The license, or certificate of registration shallcontain, along with the other advisory information, the name of the person towhom issued, the date of issuance, and a special registration number designedby the board for exclusive identification of the registrant.
33-24-119. Reexamination fees; no refund of fees; notice of results ofexamination; application for reexamination.
(a) All reexamination fees shall be the same as the current feefor the initial examination to be paid to the secretary of the board. Beforesuch examination is had, the fee must be paid, and in no case shall theexamination or reexamination fee be refunded.
(b) The applicant shall be informed within a reasonable time ifhe passed or failed to pass the examination. A notification as aforesaid shallbe made by mail to the address furnished therefor by applicant in hisapplication.
(c) An applicant who fails in his examination shall have theprivilege, if he so desires, of applying to the board for a reexamination atthe next scheduled examination meeting. This application shall be made inwriting and shall be accompanied with the proper fee.
33-24-120. Record book; records therefrom as prima facie evidence.
Theboard shall keep a record book in which shall be recorded the names andaddresses and pertinent information of all applicants and such other matters asshall afford a full record of its activities; the records or transcriptstherefrom, duly certified by the secretary of the board, with the seal of theboard attached, shall be prima facie evidence before all the courts of thisstate of the entries therein contained.
33-24-121. Renewal license certificate; late fee; expiration uponfailure to renew; reinstatement; continuing professional education requirementfor renewal; reduction or exception determined by board.
(a) On or before December 31 of each year, any pharmacistlicensed to practice pharmacy in this state shall transmit to the secretary ofthe board his signature, registration number and address together with proof ofcompliance with subsection (d) of this section, the annual fee determined bythe board and the relevant information pertaining to criminal, substance abuse,professional liability and licensure history. Upon receipt and compliance withall requirements, the secretary shall issue a renewal license certificate.
(b) A late fee as provided by W.S. 33-24-112(a)(v) shall becharged to any licensee failing to renew his license by December 31.
(c) If the licensee fails to secure the renewal certificatebefore December 31, the license to practice expires ten (10) days after mailingof written notice to renew sent to the holder by certified mail, return receiptrequested, to the address last recorded for the licensee with the secretary. Anexpired license may be restored by the board upon compliance with this sectionnot later than March 31 following expiration of the license.
(d) The board may require that any person applying for renewalin accordance with subsection (a) of this section shall satisfactorily completenot less than six (6) nor more than fifteen (15) contact hours or not less thanthree-fifths (3/5) of one (1) continuing education unit nor more than one andone-half (1 1/2) continuing education units of approved continuingpharmaceutical education courses each year. For purposes of this subsection,one (1) continuing education unit is equivalent to ten (10) contact hours. Nohours or units used for one (1) year shall apply to any other year. The boardmay allow hours completed in one (1) year to be credited to another year. Theboard shall promulgate rules and regulations necessary to administer thissubsection and may reduce or make exception to the requirements of thissubsection for the initial year of application and for emergency or hardshipcases. The board may require a person licensed as an inactive pharmacist, whoseeks to be licensed as an active pharmacist, to:
(i) Provide proof of meeting the continuing educationrequirements for each year the person was licensed as an inactive pharmacist;or
(ii) Complete the continuing education requirements for eachyear, up to a maximum of five (5) years, the person was licensed as an inactivepharmacist.
33-24-122. Revocation or suspension of license and registration; letterof admonition; summary suspension; administrative penalties; probation;grounds.
(a) The license and registration of any pharmacist may berevoked or suspended by the board of pharmacy or the board may issue a letterof admonition, refuse to issue or renew any license or require successfulcompletion of a rehabilitation program or issue a summary suspension for any ofthe following causes:
(i) Conviction of a felony or high misdemeanor involving moralturpitude, in which case the record of conviction or a copy thereof certifiedby the clerk or judge of the court in which the conviction is had shall beconclusive evidence;
(ii) For renting or loaning to any person his or her license ordiploma to be used as a license or diploma for such person;
(iii) For unprofessional conduct;
(iv) For knowingly submitting false or misleading information tothe board in the application for a license or renewal of a license;
(v) For knowingly submitting false or misleading information tothe board or its representative regarding the professional practice of theinternship or professional practice of pharmacy by any other person;
(vi) Willful violation of any provision of this chapter or anywillful violation of any of the provisions of the Wyoming Controlled SubstancesAct of 1971 or any amendments thereto;
(vii) Willful violation of any rules or regulations promulgatedby the board in accordance with this chapter or the Wyoming ControlledSubstances Act of 1971;
(viii) If the person's registration or license to practice hasbeen refused, or lapsed for cause, or expired for cause, or revoked for cause,in this or any other jurisdiction;
(ix) For senility or mental impairment which impedes thepharmacist's professional abilities or for habitual personal use of morphine,cocaine or other habit forming drugs or alcohol; or
(x) For physical impairment which unnecessarily impedes thepharmacist's professional abilities and for which there can be no reasonableaccommodation.
(b) If a person accused of violating subsection (a) of thissection admits the violation, or the board finds the causes alleged to be trueand determines that a letter of admonition or revocation or suspension of alicense or registration is an inappropriate remedy, the board may assess anadministrative penalty against that person of not more than two thousanddollars ($2,000.00) for each violation of this act or rule promulgated underthis act, to be paid into the county treasury to the credit of the public schoolfund of the county in which the violation occurred. In addition to the penaltyimposed under this subsection, the board may impose a license probation periodupon that person, a violation of which is grounds for license revocation orsuspension under subsection (a) of this section.
(c) The board may summarily suspend the license of any personholding a pharmacist license without a hearing if the board finds probablecause 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 aquorum of the board is not available to meet in person under exigentcircumstances. Summary suspension shall occur if the board determines there isprobable cause to believe that continued practice by the licensee constitutesan imminent danger to the public health or safety. Proceedings for adisciplinary hearing shall be instituted simultaneously with the summarysuspension. If the board does not commence the disciplinary hearing withinthirty (30) days of the suspension order, the suspension shall be automaticallyvacated. At the written request of the suspended licensee in order to preparefor a hearing, the thirty (30) day period may be extended and the temporarysuspension continued for an additional period not to exceed thirty (30) days.
33-24-123. Revocation or suspension of license and registration;proceedings; informal resolution.
(a) Except as provided by subsections (b) and (c) of thissection, proceedings under W.S. 33-24-122 may be taken by the board frommatters 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 othermembers of said board shall constitute the board for the purpose of findingjudgment 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 theintended action, and afford the accused a hearing, as provided by law. Allhearings or proceedings hereunder shall be conducted in accordance with theprocedures prescribed by the Wyoming Administrative Procedure Act. If theaccused does not appear, the board may proceed and determine the accusation inhis absence. If the accused pleads guilty, or, upon the hearing the board shallfind the causes alleged, or any of them to be true, it may proceed to judgmentand may either revoke his registration and license, or merely revoke hislicense or suspend it for a specified period of time, or condition any of suchsanctions on such future active or passive conduct of the offender as the boardshall determine is reasonable, provided that such remedies are not exclusiveand shall be in addition to other remedies provided by law. Upon revocation ofany registration or license, the fact shall be noted upon the records of theboard of pharmacy and the license shall be marked as cancelled upon the date ofits revocation.
(b) Notwithstanding subsection (a) of this section, theexecutive director may subject to board approval and upon mutual agreement witha licensee, informally resolve violations of W.S. 33-24-122(a) and imposeadministrative penalties authorized under W.S. 33-24-122(b) in lieu of theproceedings specified under subsection (a) of this section. If the boarddisapproves 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 aformal complaint filed by the director or from appealing the decision of theboard.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. Notwithstanding subsection (a)of this section, no appeal under the Wyoming Administrative Procedure Act shallbe allowed for a license withheld, suspended or restricted under thissubsection.
33-24-124. Persons deemed practicing pharmacy.
Anyperson shall be deemed to be practicing pharmacy within the meaning of this actwho provides collaborative pharmaceutical care or prepares, or compounds, orprocesses, or packages, or repackages, or labels, or dispenses, or sells, oroffers for sale, at retail or in connection with operation of a health-carefacility, any dangerous drugs, medicines, poisons, chemicals, narcotics, orprescriptions, which are identified as such in accordance with this act.
33-24-125. Dangerous substances; generally.
(a) Dangerous drugs, medicines, poisons, chemicals, andnarcotics include only those drugs, chemicals, poisons, medicines and othersubstances which are intended for use by man:
(i) Which are habit forming; or
(ii) Which because of toxicity or other potentiality for harmfuleffect, or method of use, or the collateral measures necessary to its use, arenot safe for use except under the supervision of a practitioner licensed by lawto prescribe such substances; or
(iii) Which are designated as dangerous substances under theprovisions of W.S. 33-24-131; and which are named and thereby included on alist of dangerous drugs, medicines, poisons, chemicals and narcotics compiledby the board of pharmacy and by them filed with the department of health. Theboard will provide a complete current copy of such list to all personsrequesting same at cost.
33-24-126. Dangerous substances; compilation of list.
Incompiling such list of dangerous substances, and determining which substancesshall be included thereon, and in adding substances thereto, and in deletingsubstances therefrom, the board shall consider all information which shall cometo its attention from reasonably reliable sources and shall compile the listmaking use of such information about, experience with, and knowledge of (orlack of knowledge of or about) each substance and shall include, add or deleteeach substance as the accumulation of such information, experience, knowledge,or lack thereof, shall indicate according to the definitions and guidelinesprovided in W.S. 33-24-125.
33-24-127. Adoption of certain publications by reference; list ofdangerous substances open to public inspection; petition to add or deletesubstances 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 thetraffic in which is restricted by federal law, provided always:
(i) That a complete copy of the current list shall be alwaysopen to the public inspection at the department of health; and
(ii) Any citizen may petition the board in writing to add or todelete any substance to or from the list, which petition shall be considered bythe board after providing the petitioner reasonable notice and opportunity tobe heard thereon. The board may consider treatises and scientific reportswithout requiring formal foundations or proofs thereof, and may accept orreject the conclusions therein or deductible therefrom as deemed best in thelight of the professional knowledge and experience of the individual members ofthe board.
33-24-128. Appeal from decisions of board as to list of dangerousdrugs.
Appealfrom decisions of the board relating to composition of, additions to ordeletions from the list of dangerous drugs shall be had initially to theadvisory council to the department of health, the decision of which advisorycouncil shall be final unless appealed by either the pharmacy board or thepetitioner to the courts of this state. All appeals shall be conducted asprovided by the Wyoming Administrative Procedure Act. No board shall beconcluded by decisions of any previous board as to a particular substance,provided that the board shall not be obliged to consider the same substancemore than once during any twelve (12) month period.
33-24-129. Exempted professions.
Thisact does not apply to physicians, dentists, veterinarians, podiatrists,optometrists, osteopaths or midwives licensed by law to practice theirprofessions within this state or to other persons authorized by federal law andstate law to treat sick and injured persons in Wyoming and to use controlledsubstances in the course of treatment.
33-24-130. Exemptions; administration of drugs and medicine.
Unless otherwise provided by law, theprovisions 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, ishereby defined as actual, personal distribution to, or injection in, orapplication to a particular human being, of substances or material which hasalready been prepared, selected, measured, packaged, and labeled, or otherwisespecifically identified by a person qualified to do so under the terms of thisact.
33-24-131. Exemptions; sale of certain articles.
Theprovisions of this act shall not apply to the sale at wholesale or sale by anymethod at retail of economic poisons, medical and dental supplies, cosmetics,dietary foods, or nonnarcotic, nonprescription, prepackaged medicinalpreparations contained in distinctive and original unbroken containers, whensuch medicinal preparations are identified by and sold under a trade name of themanufacturer or primary distributor thereof and are sold or offered for sale tothe general public, if such articles meet the requirements of state and federalfood, drug and cosmetic laws; provided however, that notwithstanding the above,any drug, medicinal preparation, or substance for use by man which isdetermined by the state board of pharmacy, after notice to the manufacturer orprimary distributor thereof, and opportunity to be heard pursuant to theprovisions of the Wyoming Administrative Procedure Act, as having a depressantor 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 orother potentiality for harmful effect, or method of use, or the collateralmeasures necessary for such use is not safe for use except under thesupervision of a practitioner licensed by law to prescribe such substances, maybe designated by rule as a dangerous drug which shall be restricted to sale onprescription of a practitioner licensed by law to prescribe such substances.
33-24-132. Existing pharmacists exempted; license renewals.
Personswho hold certificates of registration as pharmacists granted by the Wyomingstate board of pharmacy at the effective date of this act are not required toregister anew pursuant to this act, but shall apply for and secure annuallicense renewals as provided for herein.
33-24-133. Association with boards of pharmacy of other jurisdictions.
Inorder to be informed and to determine the status of boards of pharmacy of otherjurisdictions which desire to effect arrangements for reciprocal registrationof pharmacists, and in order to also be advised regarding fitness ofapplicants, and of the progress and changes in pharmacy throughout the country,the board may annually select one (1) of its members to meet with likerepresentatives from other jurisdictions, and may join in creating andmaintaining an association for such mutual ends, and in its discretion theboard may contribute such information as it possesses which is useful to suchaims and objects. Additionally, the board may subscribe for and secure theservices of associations engaged in the compilation of pharmaceuticalinformation, knowledge and progress, specially adapted to secure excellence andefficiency in the work of the board.
33-24-134. Reciprocity.
(a) The board, in its sole discretion, may license as apharmacist in this state without examination, any person who proposes topractice pharmacy in this state who is duly licensed by examination in someother state. An applicant for a license pursuant to this section shall:
(i) Submit a written application in the form and containinginformation 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 atleast one (1) year or have met the requirements of W.S. 33-24-116(a)(v) withinone (1) year immediately preceding the date of application;
(iv) Have been a licensed pharmacist by examination in anotherstate;
(v) Submit evidence that the applicant's license to practicepharmacy in any other state has not been suspended, revoked or otherwiserestricted for any reason other than nonrenewal or the failure to obtain therequired continuing education credits;
(vi) Pay the fees specified in board regulations for licensureby reciprocity;
(vii) Provide the board with fingerprints, necessary fees andother information required to perform a criminal history record backgroundcheck as provided for by W.S. 7-19-201. The board may delay issuing a licensepending its receipt of the information from the background check;
(viii) Have passed an examination regarding applicable federal andstate 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 requirementsestablished by the board. A temporary pharmacist license shall not be effectivefor a period of more than six (6) months from the date of issuance and shallnot 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 atemporary license may be disciplined as provided by W.S. 33-24-122 and33-24-123.
33-24-135. Internship.
(a) The internship or practical experience requirement forregistration as a pharmacist in this state shall consist of no more than twothousand (2,000) and no less than one thousand two hundred (1,200) hoursexperience in a pharmacy or related setting. Hours shall be accumulated afterthe completion of the first professional year in an approved college or schoolof pharmacy or, for those applicants who have graduated from a foreign collegeof pharmacy, completed a transcript verification program, taken and passed acollege of pharmacy equivalency exam program and completed a communicationability test as provided in board regulations. Hours of internship experienceaccumulated may be determined by the board.
(b) The board is hereby empowered to promulgate and enforcesuch reasonable regulations as may from time to time appear necessary toprovide that interns shall receive broad training in all aspects of theprofession during internship, and that each intern shall keep a record thereofduring a portion of the training reflecting his work and experience and whetherit conforms to the requirements of the board.
(c) The service and experience rendered and gained duringinternship 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 regardthereto, and making reports required by law in regard thereto, all under the personalguidance and supervision of a preceptor.
(d) Each prospective intern shall be licensed by the board uponpayment of a fee and shall register in writing immediately upon beginning anyperiod of service giving the intern's name and address, address of the pharmacyat which service is undertaken and the name, address and registration number ofeach preceptor at that place. Upon terminating each period of service, theintern shall immediately notify the board in writing. The first notice ofundertaking internship shall include a complete statement of the intern'squalifications therefor, attested to under oath by the intern. Forms thereforwill be provided by the board. Under its regulations the board may provide forconsideration and acceptance of internship served in other jurisdictions.
(e) The board may issue a letter of admonition or suspend orrevoke a pharmacy intern's license for any:
(i) Willful violation of any provision of this chapter or theWyoming Controlled Substances Act of 1971;
(ii) Willful violation of any rule or regulation promulgatedpursuant to this chapter or the Wyoming Controlled Substances Act of 1971;
(iii) Conviction of a felony or misdemeanor involving moralturpitude;
(iv) Action which threatens the public health, safety orwelfare; or
(v) Knowing submission of false or misleading information tothe board in the application for an initial or renewal license.
33-24-136. Filing written memorandum of prescription; labels generally;prescription defined; counseling and patient profiles.
(a) Every person who prepares, compounds, processes, packagesor repackages, dispenses, fills or sells or offers for sale, at retail or inconnection with operation of a health care facility, any prescription, shallplace the written memorandum of the prescription in a separate file marked andkept for that purpose, and shall affix a label to the container in which theprescribed substance is dispensed bearing the name and address of the pharmacyand initials of the dispensing pharmacist, or of the preceptor if the dispenseris an intern, the date on which the prescription is filed in the pharmacy'sfiles, the name of the person who prescribed the substance, the name of thepatient or customer for whom the prescription was made and directions for useby the patient as directed on the prescription by the prescriber.
(b) "Prescription" means an order for medication by aperson licensed and authorized by the state board of medicine, the state boardof dental examiners, the state board of nursing, the state board ofregistration in podiatry, the state board of examiners in optometry or thestate board of veterinary medicine which is dispensed to or for an ultimateuser, but does not include an order for medication which is dispensed forimmediate administration to the ultimate user. Each prescription memorandumshall be maintained and open for inspection by agents of the board for a periodof two (2) years from the date it is filed.
(c) Pharmacists shall offer to and shall counsel patients ifrequested, concerning and in conjunction with drugs dispensed pursuant to a newprescription.
(d) Pharmacies shall maintain patient profile records of thedispensing of drugs pursuant to a prescription.
(e) Notwithstanding subsection (a) of this section, if, in theopinion of the pharmacist, an emergency exists whereby the prescriber of theprescription cannot be contacted for authorization and there is a need torefill the prescription, the pharmacist may provide up to a seventy-two (72) hoursupply, or the smallest available unit, of the previously prescribed drug,except a controlled substance. Nothing in this subsection shall be construedto require a pharmacist to refill the prescription in the absence ofauthorization from the prescriber.
33-24-137. Sale of poison.
(a) It shall be unlawful:
(i) For any person, either on his own behalf or while in theemploy of another, to sell or give away any poison, as designated by the boardof pharmacy without first recording in a book to be kept for that purpose, withan indelible pencil or ink, the date, the name and address of the person towhom, and the amount and kind of poison delivered, except when such poison issold on the written prescription of [an] osteopath, physician, dentist or veterinarian;
(ii) To give a false name and address to be recorded;
(iii) For any person having custody of such record book to refuseto produce it on demand for the inspection of any authorized representative ofthe board of pharmacy or other duly authorized officer.
33-24-138. "Poison" labels.
Itshall be unlawful for any person to sell at retail, any poison without affixingto the package or receptacle containing the same, a label conspicuously bearingthe word "poison," and the name and the business address of theseller. Any person selling poison shall satisfy himself that such poison is tobe legitimately used. The provisions of this section shall not apply to thesale of poison on a physician's written prescription or in the original packageof the manufacturer.
33-24-139. Supervision of preparation of drugs.
Noperson shall manufacture, make, produce, package, pack or prepare within thisstate any drugs, medicines, medical supplies, chemicals or poisons, for humantreatment or medication except under the personal and immediate supervision ofa registered pharmacist, chemist, pharmaceutical chemist or such other personwho may be approved by the board after investigation and determination that heis qualified by scientific or technical training or experience to perform theduties of supervision as may be necessary to protect the public health andsafety.
33-24-140. Code of ethics.
Theboard shall propose, and with the advice of the practicing licensees in thisstate shall adopt and from time to time amend or revise, a comprehensive codeof ethics for the profession of pharmacy the review of which shall becomeobligatory on all applicants for license or renewal thereof.
33-24-141. Use of letters "R. Ph." or word"pharmacist".
Wheneverany person shall append the letters "R.Ph." or word"pharmacist" or such similar designation to his name in any way, foradvertising, or upon any card, stationery, door or sign, or occasion either ofthe same to be done, the same shall be prima facie evidence that such person isengaged in the practice of pharmacy and subject to the regulations andconvictions and penalties of this act.
33-24-142. Penalty.
Anyperson who practices pharmacy, as defined in this act, without being properlyqualified and licensed as required, or who violates any of the other provisionsof this act shall be subject to criminal prosecution, and upon conviction maybe fined not more than one hundred dollars ($100.00), or imprisoned for notmore than thirty (30) days, or both. Each separate violation of this act shallconstitute a separate offense; provided, that upon a second or subsequentconviction, such person shall be subject to a fine of not more than fivehundred dollars ($500.00), and imprisonment of not more than six (6) months.
33-24-143. Prosecutions.
Itshall be the duty of the district attorney for the county where the violationoccurs to attend to the prosecution of all criminal complaints made under thisact, 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, orupon the information or indictment filed against any person under this act. Nothing in this act shall be construed to prevent the prosecution of any personfor violation of this act upon the information of the district attorneydirectly.
33-24-144. Injunction.
Whenit appears to the board that any person is violating any of the provisions ofthis act, the board may, in its own name, bring an action in a court ofcompetent jurisdiction for an injunction, and courts of this state may enjoinany person from violation of this act regardless of whether proceedings havebeen or may be instituted before the board or whether criminal proceedings havebeen or may be instituted. Such proceedings shall be prosecuted by the attorneygeneral or, if approved by the attorney general, by private counsel engaged bythe board.
33-24-145. Powers and duties of agents, inspectors and board members.
(a) The board, its agents and inspectors may specially, but notexclusively, examine and inspect all activities in this state undertaken incompliance with W.S. 33-24-101 through 33-24-301 which appear to be contrary toor in violation of W.S. 33-24-101 through 33-24-301, to procure enforcement andto check for violations and provide for enforcement of related federal laws andregulations. The inspectors may also determine if practitioners' records areadequately kept in a manner reflecting professional responsibility and may providelegislative recommendations if records are not found to be adequatelymaintained.
(b) The board, its agents and inspectors shall examine andinspect drug manufacturers, distributors and wholesalers, licensed pursuant toW.S. 33-24-153.
33-24-146. Citation.
Thisact is known and may be cited as the "Wyoming Generic Drug SubstitutionAct".
33-24-147. Definitions.
(a) As used in this act:
(i) "Brand name" means the proprietary or trade nameselected by the manufacturer and placed upon a drug, its container, label orwrapping at the time of packaging;
(ii) "Generically equivalent drug" means a drug thatcontains identical active ingredients in the identical dosage forms, but notnecessarily containing the same inactive ingredients, that meet the identicalcompendial or other applicable standards of identity, strength, quality andpurity, 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 approvednew drug application or an approved abbreviated new drug application unlessother approval by law or from the Federal Food and Drug Administration isrequired. A generically equivalent drug shall bear an "AB" or higherrating in the Federal Food and Drug Administration Approved Drug Products withTherapeutic Equivalence Evaluations;
(iii) "Generic name" means the chemical or genericname, as determined by the United States Adopted Names (USAN) and accepted bythe Federal Food and Drug Administration (FDA), of those drug products havingthe same active chemical ingredients;
(iv) "Substitute" means to dispense a genericallyequivalent product in place of the dangerous substance ordered or prescribed;
(v) "Therapeutically equivalent" means drugs thatwill provide the same bioavailability or bioequivalence when administered to anindividual in the same dosage regimen;
(vi) "This act" means W.S. 33-24-146 through33-24-151.
33-24-148. Conditions for drug substitution.
(a) Repealed By Laws 2001, Ch. 54, 2.
(b) Except as limited by W.S. 33-24-149(b) or when thepractitioner has clearly indicated substitution is not permitted, a pharmacistmay substitute a drug product with the same generic name in the identicalstrength, quantity, dose and dosage form as the prescribed drug, provided thesubstituted drug meets all requirements specified in W.S. 33-24-147(a)(ii).
(c) Repealed By Laws 2001, Ch. 54, 2.
(d) Repealed By Laws 2001, Ch. 54, 2.
(e) A pharmacist may not substitute a drug product unless ithas been manufactured with the following minimum manufacturing standards andpractices by a manufacturer who:
(i) Marks capsules and tablets with an identification code ormonogram;
(ii) Labels products with their expiration date;
(iii) Maintains reasonable resources for product information;
(iv) Maintains recall capabilities for unsafe or defectivedrugs.
(f) Repealed By Laws 2001, Ch. 54, 2.
(g) When a practitioner orally communicates a prescription andprohibits a generic substitution, the pharmacist shall make reasonable effortsto obtain a written prescription from the practitioner with the phrase"brand medically necessary" written on the face of the prescriptionin his own handwriting.
33-24-149. Drug substitution procedures.
(a) A pharmacist who receives a prescription for a brand namedangerous drug may dispense any generically equivalent drug of the brand namedangerous drug prescribed, unless the prescribing practitioner has clearlyindicated substitution is not permitted, if the drug to be dispensed has alower, regular and customary retail price than the brand name dangerous drugprescribed, as provided in W.S. 33-24-148.
(b) If a physician prescribes a dangerous drug by its genericname, the pharmacist shall dispense the lowest retail cost brand in stock whichis generically equivalent as defined in this act.
(c) Except as provided in subsection (e)