Statement of Scope
PHARMACY EXAMINING BOARD
Relating to: | Pharmacist to Delegate |
1. Finding/nature of emergency (Emergency Rule only):
The Pharmacy Examining Board may authorize a pilot program and grant a waiver or variance in connection with the pilot program from any rule promulgated by the Board and the pilot program may not last longer than 3 years pursuant to s. 450.02 (3r), Stats. The pilot program waives Phar 7.01 (3), Wis. Admin. Code. Pharmacies have been operating in the pilot program since October 1, 2016. Without a rule in place when the pilot program expires, pharmacies will be required to hire more pharmacists to continue current operations.
CR 19-022 was submitted to the legislature on July 16, 2019. The pilot program will expire prior to the completion of legislative review and adoption. Therefore the preservation of the public health, safety and welfare necessitates an emergency rule. 2. Detailed description of the objective of the proposed rule:
The objective is to amend the pharmacist to delegate ratio.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Under current pharmacy rules, a there is a 4 delegates per pharmacist ratio for staffing pharmacies. The Pharmacy Examining Board began a pilot program for delegate ratios on October 1, 2016 which will end on September 30, 2019 or the promulgation of rules. The purpose of the Ratio Pilot Program is to study the supervision and staffing of technicians in order to determine the minimum ratio necessary to ensure safety, quality and efficiency of the pharmacy and allow the availability of a pharmacist for involvement in other patient care activities.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
450.02 The board shall adopt rules defining the active practice of pharmacy. the rules shall apply to all applicants for licensure under s. 450.05. 450.02 (3) The board may promulgate rules:
(a) Relating to the manufacture of drugs and the distribution and dispensing of prescription drugs.
(d) Necessary for the administration and enforcement of this chapter and ch. 961. (e) Establishing minimum standards for the practice of pharmacy.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
30 hours
6. List with description of all entities that may be affected by the proposed rule:
Pharmacists, pharmacies, delegates and patients.
7. 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
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person: Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
