Statement of Scope
PHARMACY EXAMINING BOARD
Rule No.: | Phar 1, 6, 7, and 10 |
Relating to: | Pharmacy Workplace Conditions |
Rule Type: | Both Permanent and Emergency |
1. Finding/nature of emergency (Emergency Rule only): The Pharmacy Examining Board has identified a concern related to workplace safety including concerning behavior involving prescription accuracy, performing vaccinations, and patient care, among other areas of Pharmacy practice in the workplace. Due to these concerns, the Board deems an emergency rule to be appropriate to address the imminent public safety and welfare.
2. Detailed description of the objective of the proposed rule: The objective of the proposed rule is to amend requirements in the Wisconsin Administrative Code to increase public safety by improving working conditions in pharmacies.
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:
Wisconsin Administrative Code Chapters Phar 1, 6, 7, and 10 currently outline requirements for authority and definitions, pharmacy licenses and equipment, pharmacy practice, and unprofessional conduct. These areas could be expanded upon to include requirements that improve working conditions for pharmacy staff, as well as patient safety. An alternative to amending these provisions is that the administrative code will continue to be silent on the issue of workplace conditions in the pharmacy profession. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
15.08 (5) (b), Stats., states that the Board “[s]hall 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.”
450.02 (2), Stats., states that “[t]he board shall promulgate rules that do all of the following:
(a) The board shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s. 450.05. (b) Define the activities that constitute the practice of a pharmacy technician for purposes if the registration requirement under s. 450.68.” 450.02 (3) (b), Stats., states “[t]he board may promulgate rules establishing security standards for pharmacies.”
450.02 (3) (d), Stats., states “[t]he board may promulgate rules necessary for the administration and enforcement of this chapter and ch. 961.” 450.02 (3) (e), Stats., states “[t]he board may promulgate rules 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:
120 hours
6. List with description of all entities that may be affected by the proposed rule:
Licensed Pharmacies, Pharmacists; Registered Pharmacy Technicians, and their employers.
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. This rule is not likely to have a significant economic impact on small businesses.
Contact Person: Nilajah Hardin, Administrative Rules Coordinator, (608) 267-7139
