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2003 - 2004 LEGISLATURE
February 3, 2004 - Introduced by Senators S. Fitzgerald, Lassa, Schultz and
Reynolds, cosponsored by Representatives Gielow, Hines, Albers, J.
Fitzgerald, Krawczyk, McCormick, Hahn, Gunderson, Van Roy
and Vrakas.
Referred to Committee on Health, Children, Families, Aging and Long Term
Care.
SB426,1,4 1An Act to amend 450.035 (2), 450.035 (2m), 450.035 (2t) (intro.), 450.035 (2t) (a)
2and 450.035 (3); and to create 450.035 (1t) and 450.035 (2g) of the statutes;
3relating to: the administration of vaccines by persons supervised by a
4pharmacist.
Analysis by the Legislative Reference Bureau
Current law allows a pharmacist to administer a vaccine to a person over the
age of 18 if the pharmacist has successfully completed 12 hours of study and training
approved by the Pharmacy Examining Board or by the American Council on
Pharmaceutical Education and has in effect certain liability insurance that applies
to the administration of vaccines. A pharmacist may also inject a prescribed drug
or device into a patient for the purpose of teaching the patient self-administration
techniques if the pharmacist has completed a specialized course of study and
training in administration techniques.
Current law also allows a person who has completed his or her second year in,
and is enrolled at, an accredited school of pharmacy or who has applied for a
pharmacist license to engage in the practice of pharmacy under the direct
supervision of a licensed pharmacist.
This bill allows a person who has completed his or her second year in, and is
enrolled at, an accredited school of pharmacy or who has applied for a pharmacist
license to administer, under the direct supervision of a licensed pharmacist, a vaccine
to a person over the age of 18 if the person and the supervising pharmacist have
successfully completed 12 hours of study and training approved by the Pharmacy

Examining Board or by the American Council on Pharmaceutical Education and if
the supervising pharmacist has in effect certain liability insurance that applies to
the administration of vaccines. The bill also allows a person who has completed his
or her second year in, and is enrolled at, an accredited school of pharmacy or who has
applied for a pharmacist license to administer, under the direct supervision of a
licensed pharmacist, a prescribed drug or device into a patient for the purpose of
teaching the patient self-administration techniques if the person and the
supervising pharmacist have completed a specialized course of study and training
in administration techniques.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB426, s. 1 1Section 1. 450.035 (1t) of the statutes is created to read:
SB426,2,152 450.035 (1t) A person engaged in the practice of pharmacy under s. 450.03 (1)
3(f) or (g) may not administer a prescribed drug product or device unless he or she has
4successfully completed a course of study and training in administration technique
5conducted by a course provider approved by the American Council on
6Pharmaceutical Education or the board. A person engaged in the practice of
7pharmacy under s. 450.03 (1) (f) or (g) may administer a prescribed drug product or
8device under this subsection only under the direct supervision of a pharmacist who
9has successfully completed a course of study and training in administration
10technique conducted by a course provider approved by the American Council on
11Pharmaceutical Education or the board, and only in the course of teaching
12self-administration techniques to a patient. A person engaged in the practice of
13pharmacy under s. 450.03 (1) (f) or (g) who administers a prescribed drug product or
14device under this subsection shall comply with the requirements and procedures
15established in rules promulgated by the board under s. 450.02 (2g) (b).
SB426, s. 2 16Section 2. 450.035 (2) of the statutes is amended to read:
SB426,3,7
1450.035 (2) A pharmacist may not administer a vaccine unless he or she has
2successfully completed 12 hours in a course of study and training, approved by the
3American Council on Pharmaceutical Education or the board, in vaccination storage,
4protocols, injection administration technique, emergency procedures and record
5keeping and has satisfied the requirements specified in sub. (2t). A pharmacist may
6not administer a vaccine under this subsection to a person who is under the age of
718.
SB426, s. 3 8Section 3. 450.035 (2g) of the statutes is created to read:
SB426,3,179 450.035 (2g) A person engaged in the practice of pharmacy under s. 450.03 (1)
10(f) or (g) may not administer a vaccine unless he or she acts under the direct
11supervision of a pharmacist and he or she and the supervising pharmacist have
12successfully completed 12 hours in a course of study and training, approved by the
13American Council on Pharmaceutical Education or the board, in vaccination storage,
14protocols, administration technique, emergency procedures and record keeping and
15the supervising pharmacist has satisfied the requirements specified in sub. (2t). A
16person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not
17administer a vaccine under this subsection to a person who is under the age of 18.
SB426, s. 4 18Section 4. 450.035 (2m) of the statutes is amended to read:
SB426,3,2119 450.035 (2m) A Except as provided in sub. (1t) or (2g), a pharmacist may not
20delegate to any person any administration of a prescribed drug product or device or
21vaccine under sub. (1r) or (2).
SB426, s. 5 22Section 5. 450.035 (2t) (intro.) of the statutes is amended to read:
SB426,3,2523 450.035 (2t) (intro.) A pharmacist may not administer a vaccine under sub. (2)
24or supervise a person administering a vaccine under sub. (2g) unless he or she the
25pharmacist
satisfies each of the following:
SB426, s. 6
1Section 6. 450.035 (2t) (a) of the statutes is amended to read:
SB426,4,62 450.035 (2t) (a) The pharmacist has in effect liability insurance that covers the
3pharmacist and a person who administers a vaccine under sub. (2g)
against loss,
4expense and liability resulting from errors, omissions or neglect in the
5administration of vaccines in an amount that is not less than $1,000,000 for each
6occurrence and $2,000,000 for all occurrences in any one policy year.
SB426, s. 7 7Section 7. 450.035 (3) of the statutes is amended to read:
SB426,4,118 450.035 (3) A pharmacist or a person engaged in the practice of pharmacy
9under s. 450.03 (1) (f) or (g)
who successfully completes a course of study and training
10specified in sub. (1r) or (2), (1t), (2), or (2g) shall maintain proof of completion and,
11upon request, provide copies of such proof to the department or the board.
SB426,4,1212 (End)
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