SECTION 10. Phar 7.60 (3) is created to read:
Phar 7.60 (3) Uncredentialed Pharmacy staff” means any staff practicing in the pharmacy who are not otherwise licensed or registered under s. 450.03 (1) (f), (g), or (gm), Stats.
SECTION 11. Phar 7.62 (title), (2), and (3) (intro.) are amended to read:
Phar 7.62 (title) Unlicensed persons Uncredentialed Pharmacy staff.
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Phar 7.62 (2) A pharmacist shall provide general direct supervision of unlicensed personnel uncredentialed pharmacy staff. A pharmacist shall be available to the unlicensed uncredentialed pharmacy staff person for consultation either in person or contact by telecommunication means.
Phar 7.62 (3) (intro.)An unlicensed uncredentialed pharmacy staff person may not do any of the following: engage in the practice of pharmacy as defined in s. 450.01 (16), Stats., or the practice of a pharmacy technician as defined in s. Phar 19.02.
SECTION 12. Phar 7.62 (3) (a) to (d) are repealed.
SECTION 13. Phar 7.62 (5), (6), and (7) are amended to read:
Phar 7.62 (5) A managing pharmacist shall provide training to or verify competency of an unlicensed uncredentialed pharmacy staff person prior to the unlicensed uncredentialed pharmacy staff person performing a delegated act.
Phar 7.62 (6) The managing pharmacist shall determine which acts may be delegated in a pharmacy. The managing pharmacist has a duty to notify all pharmacists practicing in that pharmacy which acts may be delegated to specific unlicensed persons uncredentialed pharmacy staff. This record shall be provided to the board upon request.
Phar 7.62 (7) A pharmacist may delegate to an unlicensed uncredentialed pharmacy staff person any delegated act approved by the managing pharmacist pursuant to sub. (3).
SECTION 14. Phar 10.03 (2), (17), and (19) are amended to read:
Phar 10.03 (2) Engaging in any pharmacy practice which constitutes a danger to the health, welfare, or safety of patient or public, including but not limited to, practicing in a manner which substantially departs from the standard of care ordinarily exercised by a pharmacist or pharmacy technician which harmed or could have harmed a patient;
Phar 10.03 (17) Having a pharmacist license or pharmacy technician registration revoked or suspended in another state or United States jurisdiction or having been subject to other disciplinary action by the licensing authority thereof;
Phar 10.03 (19) Practicing without a current license or registration.
SECTION 15. Chapter Phar 19 is created to read:
Chapter Phar 19
REGISTRATION OF PHARMACY TECHNICIANS
Phar 19.01 Registration. (1) No person may engage in the practice of a pharmacy technician or use the title “pharmacy technician” or “pharmacy tech” unless the person is registered as a pharmacy technician by the Board.
(2)
A person applying for a pharmacy technician registration shall satisfy all of the following:
(a)
Submit a completed application form.
Note: Instructions for applications are available on the department of safety and professional services’ website at http://dsps.wi.gov.
(b)
Pay the fee determined by the Department under s. 440.05 (1), Stats.
(c)
Subject to ss. 111.321, 111.322, and 111.335, stats., the applicant does not have an arrest or conviction record.
(d)
The applicant satisfies one of the following:
1.
Is at least 18 years of age and has graduated from high school or has attained high school graduation equivalency as determined by the department of public instruction.
2.
Is enrolled in a youth apprenticeship program for pharmacy technicians that is on the list of youth apprenticeship programs approved by the department of workforce development under s. 106.13 (2m), Stats.
(3)
A person who has applied for a registration as a pharmacy technician and whose practice as a pharmacy technician is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the persons application may practice as a pharmacy technician.
Phar 19.02 Scope of Practice. A pharmacy technician may administer vaccines as authorized under s. 450.035 (2h), Stats., perform technical dispensing functions, compounding, packaging, labeling and storage, pharmacy and inventory management, and other activities involved in the practice of pharmacy delegated by a pharmacist. A pharmacy technician may not perform any of the following:
(1)
Except as allowed under Phar 7.14, provide the final verification for the accuracy, validity, completeness, or appropriateness of the filled prescription or medication order.
(2)
Complete the drug utilization review under s. Phar 7.03.
(3)
Administer any prescribed drug products, or devices under s. 450.035 (1t), Stats.
(4)
Provide patient specific counseling or consultation.
(5)
Make therapeutic alternate drug selections.
(6)
Provide supervision over the practice of pharmacy to other pharmacy technicians or uncredentialed pharmacy staff.
Phar 19.03 Renewal and Reinstatement. (1) Renewal.
(a)
A person with an expired pharmacy technician registration may not reapply for a registration using the initial application process.
(b)
A person renewing their pharmacy technician registration shall do all of the following:
1.
Submit a completed renewal application.
Note: Instructions for renewal applications are available on the department of safety and professional services’ website at http://dsps.wi.gov.
2.
Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats. and any applicable late renewal fee.
(c)
Notwithstanding sub. (b), if a pharmacy technician fails to obtain renewal on or before the applicable renewal date, the board may suspend the pharmacy technician’s registration.
(2) REINSTATEMENT. A registration holder who has unmet disciplinary requirements and failed to renew the registration within 5 years or whose registration has been surrendered or revoked may apply to have the registration reinstated in accordance with all of the following:
(a)
Evidence of completion of the requirements under s. 19.02 (2).
(b)
Evidence of completion of any disciplinary requirements.
Phar 19.04 Change of Address, Employer, or Name. Pursuant to ss. 440.11 (1) and
450.068 (3), each pharmacy technician shall notify the department of an address change or change of employer within 10 days of the change, and a name change within 30 days of the change.
Note: Instructions for providing notification of address change, change of employer, or a name change are available on the department of safety and professional services’ website at http://dsps.wi.gov.
Section 16. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
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