Contact Person
Gail Good, Wisconsin Department of Natural Resources, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, 608 267-0803,
gail.good@wisconsin.gov.
Safety and Professional Services —
Pharmacy Examining Board
This statement of scope was approved by the governor on August 23, 2012.
Rule No.
Phar 7.01 (1) (e).
Relating to
Delivery of prescription drugs.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The Wisconsin Pharmacy Examining Board seeks to modify s.
Phar 7.01 (1) (e) to allow the delivery of prescription medications to a location of the patient's choice. Under the current rule, a pharmacist, or pharmacist-intern under the direct supervision of a pharmacist, may only deliver prescription drugs directly to the patient at the pharmacy or the prescription drug may be delivered to patient's residence. If a patient wanted the prescription drug to be delivered elsewhere or if the pharmacy wanted to deliver elsewhere, the pharmacy was required to obtain a variance to the delivery pursuant to s.
Phar 7.01 (4). The proposed modification to s.
Phar 7.01 (1) (e) would allow the pharmacy, pharmacist, or pharmacist-intern to deliver the prescription drug to the location of a patient's choice without being required to first obtain a delivery variance from the Board.
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 has determined that the rule, as it currently exists, does not grant enough flexibility for a patient to have the prescription medication delivered to a location of his or her choice because the rule does not permit pharmacies or pharmacists to deliver to a location of a patient's choice, without first obtaining a delivery variance from the Board. The Board has determined that permitting the delivery to a location of a patient's choice would be a helpful service to patients and to pharmacies/pharmacists without negatively impacting public safety. In addition, if the proposed modifications to the rule are enacted, the pharmacy or pharmacist would not need to wait until the board's next scheduled meeting for a determination on a delivery variance request, if previously submitted to the board.
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
…distribution and dispensing of prescription drugs." Under s.
450.01 (7), Stats., the definition of dispense “means to deliver a prescribed drug or device to an ultimate user
…"
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, pharmacists, and patients.
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.
Contact Person
Kris Anderson, DSPS (608) 261-2385.
