Contact Person
Sharon Henes (608) 261-2377.
Safety and Professional Services —
Pharmacy Examining Board
The statement of scope was approved by the governor on December 4, 2012.
Rule No.
Relating to
Return or exchange of health items.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The Board seeks to amend s.
Phar 7.04 (1) (e) 2., which defines “secured institutional health care patient" by references to Wis. Stat. s. 938.02 that were either repealed, recreated, or renumbered in
2005 Wis. Act 344. The changes proposed by this scope statement would further amend the terms in s.
Phar 7.04 (1) (e) 2. to match the terms referenced in Wis. Stat. s.
938.02 and also repeal the Note following s.
Phar 7.04 (1) (e) 2.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The policies upon which s.
Phar 7.04 (1) (e) 2. rest have not changed since the time this rule was originally promulgated. This rule-making is proposed strictly for the purpose of making the administrative rule consistent with the statutes referenced therein.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
450.02 (3), Stats. The board may promulgate rules: (a) Relating to the manufacture of drugs and the distribution and dispensing of prescription drugs. (b) Establishing security standards for pharmacies. (c) Relating to the manufacture, distribution and dispensing of hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting a drug. (d) Necessary for the administration and enforcement of this Chapter and Ch.
961, Stats. (e) Establishing minimum standards for the practice of pharmacy. (f) Establishing procedures for identifying pharmacists impaired by alcohol or other drugs or physical or mental disability or disease and for assisting those pharmacists in obtaining treatment.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
20 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
No entities will be affected by the proposed amendments to s.
Phar 7.04 (1) (e) 2., as neither the statutory reference changes, nor the changes in terminology have any substantive effect.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no federal regulations comparable to s.
Phar 7.04 (1) (e); the Wisconsin statutes and rules involved in this proposed rule-making set forth definitions of terms applicable to Wisconsin only.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Pharmacy Examining Board
The statement of scope was approved by the governor on December 4, 2012.
Rule No.
Relating to
Pharmacy technicians.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The Pharmacy Examining Board seeks to add two requirements for a person to qualify as a “pharmacy technician" under s.
Phar 7.015 (1): the person must be 18 years of age or older and the person must have a high school diploma or equivalent education.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The Board is authorized to promulgate rules establishing the minimum standards for the practice of pharmacy, which includes the supervision of pharmacist support personnel. Pharmacy technicians are non-pharmacists and non-pharmacist-interns who are considered pharmacy support personnel. In order to better protect the public, the Board is seeking to amend s.
Phar 7.015 to create a new provision requiring that pharmacies may only hire pharmacy technicians meeting the following minimum requirements: the person must be 18 years of age or older and the person must have a high school diploma or equivalent education.
A similar rule was previously adopted by the Board under ss.
Phar 7.095 (7) (a) and
(b), regarding the operation of remote dispensing sites. This rule requires that pharmacy technicians and pharmacy interns employed at a remote dispensing site be 18 years of age or older and have a high school diploma or equivalent education.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
450.02 (3) (a), Stats., authorizes the Board to promulgate rules “[r]elating to the
… dispensing of prescription drugs." Moreover, s.
450.02 (3) (e), Stats., authorizes the Board to promulgate rules “[e]stablishing the minimum standards for the practice of pharmacy." The “practice of pharmacy" is defined under s.
450.01 (16) (g), Stats., to include the “[s]upervision of pharmacist support personnel."
Section
15.08 (5) (b), Stats., allows each examining board to “promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
20 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
Pharmacies, supervising and/or managing pharmacists, and Department of Safety and Professional Services credentialing personnel.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact or minimal economic impact.
Contact Person
Kris Anderson, DSPS (608) 261-2385.
