LRBs0454/1
MDK:jlg&kaf:hmh
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 361
February 10, 1998 - Offered by
Committee on Health, Human Services, Aging,
Corrections, Veterans and Military Affairs.
SB361-SSA1,1,5
1An Act to amend 450.01 (1), 450.02 (3) (intro.) and 450.08 (2) (a);
to repeal and
2recreate 450.02 (2); and
to create 450.01 (1) (c), 450.01 (16) (k), 450.01 (22),
3450.02 (2m), 450.035 and 450.085 of the statutes;
relating to: the
4administration of drug products and devices by pharmacists, continuing
5education for pharmacists and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB361-SSA1,1,97
450.01
(1) "Administer" means the direct application of a
vaccine or a 8prescribed drug or device, whether by injection, ingestion or any other means, to the
9body of a patient or research subject by
any of the following:
SB361-SSA1,1,1010
(a) A practitioner or his or her authorized agent
; or
.
SB361-SSA1,1,1111
(b)
The A patient or research subject at the direction of
the a practitioner.
SB361-SSA1,2,22
450.01
(1) (c) A pharmacist.
SB361-SSA1, s. 3
3Section
3. 450.01 (16) (k) of the statutes is created to read:
SB361-SSA1,2,54
450.01
(16) (k) Administering prescribed drug products and devices and,
5pursuant to vaccination protocols, vaccines.
SB361-SSA1,2,107
450.01
(22) "Vaccination protocol" means a written protocol agreed to by a
8physician, as defined in s. 448.01 (5), and a pharmacist that establishes procedures
9and requirements for the administration of a vaccine by a pharmacist for a period
10specified in the protocol that may not exceed 2 years.
SB361-SSA1, s. 5
11Section
5. 450.02 (2) of the statutes is repealed and recreated to read:
SB361-SSA1,2,1212
450.02
(2) The board shall promulgate rules that do all of the following:
SB361-SSA1,2,1313
(a) Define "active practice of pharmacy" for purposes of s. 450.05.
SB361-SSA1,2,1514
(b) Establish criteria for approving courses under ss. 450.035 (1) and (2) and
15450.085 (1).
SB361-SSA1,2,1716
(c) Establish requirements and procedures for the administration of a drug
17product or device, as defined in s. 450.035 (1g), by a pharmacist under s. 450.035 (1r).
SB361-SSA1,2,2119
450.02
(2m) The board shall periodically prepare and distribute letters,
20bulletins or other types of notice to pharmacists that identify the courses that are
21approved for purposes of ss. 450.035 (1) and (2) and 450.085 (1).
SB361-SSA1, s. 7
22Section
7. 450.02 (3) (intro.) of the statutes is amended to read:
SB361-SSA1,2,2323
450.02
(3) (intro.) The board may
adopt promulgate rules:
SB361-SSA1,3,2
1450.035 Administration of drug products and devices; vaccines. (1g) 2In this section, "drug product or device" does not include a vaccine.
SB361-SSA1,3,11
3(1r) A pharmacist may not administer by injection a prescribed drug product
4or device unless he or she has successfully completed a course of study and training
5in injection technique conducted by a course provider approved by the American
6Council on Pharmaceutical Education or the board. A pharmacist may administer
7a prescribed drug product or device under this subsection only in the course of
8teaching self-administration techniques to a patient. A pharmacist who
9administers a prescribed drug product or device under this subsection shall comply
10with the requirements and procedures established in rules promulgated by the board
11under s. 450.02 (2) (c).
SB361-SSA1,3,18
12(2) A pharmacist may not administer a vaccine unless he or she has
13successfully completed 12 hours in a course of study and training, approved by the
14American Council on Pharmaceutical Education or the board, in vaccination storage,
15protocols, injection technique, emergency procedures and record keeping. Except for
16the administration of a vaccine in the course of providing patient services, as
17specified in s. 448.03 (2) (e), a pharmacist may not administer a vaccine under this
18subsection to a person who is under the age of 18.
SB361-SSA1,3,20
19(2m) A pharmacist may not delegate to any person any administration of a
20prescribed drug product or device or vaccine under sub. (1) or (2).
SB361-SSA1,3,23
21(3) A pharmacist who successfully completes a course of study and training
22specified in sub. (1) or (2) shall maintain proof of completion and, upon request,
23provide copies of such proof to the department or the board.
SB361-SSA1, s. 9
24Section
9. 450.08 (2) (a) of the statutes is amended to read:
SB361-SSA1,4,7
1450.08
(2) (a) A pharmacist's license may be renewed by
complying with
2continuing education requirements under s. 450.085 and paying the applicable fee
3specified under s. 440.08 (2) (a) on or before the applicable renewal date specified
4under s. 440.08 (2) (a). Failure to obtain renewal within the time period specified
5under this paragraph terminates the right of the person to be licensed as a
6pharmacist, and such right can only be acquired by passing an examination to the
7satisfaction of the board.
SB361-SSA1,4,17
9450.085 Continuing education. (1) An applicant for renewal of a license
10under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the
112-year period immediately preceding the date of his or her application, 30 hours of
12continuing education in courses conducted by a provider that is approved by the
13American Council on Pharmaceutical Education or in courses approved by the board.
14Courses specified in ss. 450.035 (1) and (2) are courses in continuing education for
15purposes of this subsection. This subsection does not apply to an applicant for
16renewal of a license that expires on the first renewal date after the date on which the
17board initially granted the license.
SB361-SSA1,4,20
18(2) The board may waive all or part of any requirement in sub. (1) if it finds that
19exceptional circumstances such as prolonged illness, disability or other similar
20circumstances have prevented a pharmacist from meeting the requirement.
SB361-SSA1,4,2522
(1) The pharmacy examining board shall submit in proposed form the rules
23required under section 450.02 (2) (b) and (c) of the statutes, as affected by this act,
24to the legislative council staff under section 227.15 (1) of the statutes no later than
25the first day of the 6th month after the effective date of this subsection.
SB361-SSA1,5,32
(1) The treatment of sections 450.08 (2) (a) and 450.085 of the statutes first
3applies to applications to renew licenses that expire on June 1, 2000.
SB361-SSA1, s. 13
4Section
13.
Effective dates. This act takes effect on the first day of the 9th
5month beginning after publication, except as follows:
SB361-SSA1,5,66
(1)
Section
11 (1
) of this act takes effect on the day after publication.
