1997 - 1998 LEGISLATURE
November 19, 1997 - Introduced by Senators Decker, Moen, Rude, Clausing,
Breske, Roessler, Plache, Wirch, Fitzgerald, Welch, Risser and Burke,
cosponsored by Representatives
Albers, La Fave, Vander Loop, Freese, J.
Lehman, Gronemus, Grothman and Underheim. Referred to Committee on
Health, Human Services, Aging, Corrections, Veterans and Military Affairs.
SB361,1,5
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.
Analysis by the Legislative Reference Bureau
Under current law, a person may not engage in the practice of pharmacy unless
he or she is granted a license by the pharmacy examining board (board) in the
department of regulation and licensing (DORL) and the license is renewed every 2
years. The practice of pharmacy does not include administering any drug products
or devices by injection, ingestion or any other means. Currently, with certain
exceptions, only health care professionals who are licensed as a physician, podiatrist,
nurse, dentist or optometrist have such authority.
This bill requires a pharmacist who applies for renewal of his or her license to
submit proof that, during the preceding 2 years, he or she has completed 30 hours
of continuing education in courses approved by the board or in courses conducted by
providers who are approved by the American Council on Pharmaceutical Education.
In addition, the bill expands the practice of pharmacy to include the
administration of drug products and devices, including vaccines. Under the bill, a
pharmacist may administer a vaccine only if the pharmacist and a physician have
agreed to a written "vaccination protocol", which establishes procedures for the
pharmacist to administer the vaccine for a period of no more than 2 years. In
addition, the pharmacist must have completed 12 hours in a course in vaccination
storage, protocols, injection technique, emergency procedures and record keeping.
For drug products and devices that are not vaccines, a prescription is required for a
pharmacist to administer the drug product or device. In addition, a pharmacist may
not administer such a drug product or device by injection unless he or she has
completed a course in injection technique.
If a pharmacist completes either the course in injection technique or the
12-hour course required for administering vaccines, the bill requires that he or she
maintain proof of completion and, upon request, he or she must submit a copy of such
proof to the board or DORL. Finally, either the course in injection technique or the
12-hour course may be used in satisfying the bill's continuing education
requirements.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB361, s. 1
1Section
1. 450.01 (1) of the statutes is amended to read:
SB361,2,42
450.01
(1) "Administer" means the direct application of a
vaccine or a 3prescribed drug or device, whether by injection, ingestion or any other means, to the
4body of a patient or research subject by
any of the following:
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(a) A practitioner or his or her authorized agent
; or
.
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(b)
The A patient or research subject at the direction of
the a practitioner.
SB361, s. 2
7Section
2. 450.01 (1) (c) of the statutes is created to read:
SB361,2,88
450.01
(1) (c) A pharmacist.
SB361, s. 3
9Section
3. 450.01 (16) (k) of the statutes is created to read:
SB361,2,1110
450.01
(16) (k) Administering prescribed drug products and devices and,
11pursuant to vaccination protocols, vaccines.
SB361, s. 4
12Section
4. 450.01 (22) of the statutes is created to read:
SB361,3,213
450.01
(22) "Vaccination protocol" means a written protocol agreed to by a
14physician, as defined in s. 448.01 (5), and a pharmacist that establishes procedures
1and requirements for the administration of a vaccine by a pharmacist for a period
2specified in the protocol that may not exceed 2 years.
SB361, s. 5
3Section
5. 450.02 (2) of the statutes is repealed and recreated to read:
SB361,3,44
450.02
(2) The board shall promulgate rules that do all of the following:
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(a) Define "active practice of pharmacy" for purposes of s. 450.05.
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(b) Establish criteria for approving courses under ss. 450.035 (1) and (2) and
7450.085 (1).
SB361, s. 6
8Section
6. 450.02 (2m) of the statutes is created to read:
SB361,3,119
450.02
(2m) The board shall periodically prepare and distribute letters,
10bulletins or other types of notice to pharmacists that identify the courses that are
11approved for purposes of ss. 450.035 (1) and (2) and 450.085 (1).
SB361, s. 7
12Section
7. 450.02 (3) (intro.) of the statutes is amended to read:
SB361,3,1313
450.02
(3) (intro.) The board may
adopt promulgate rules:
SB361, s. 8
14Section
8. 450.035 of the statutes is created to read:
SB361,3,19
15450.035 Administration of drug products and devices; vaccines. (1) A
16pharmacist may not administer by injection a prescribed drug product or device that
17is not a vaccine unless he or she has successfully completed a course of study and
18training in injection technique conducted by a course provider approved by the
19American Council on Pharmaceutical Education or the board.
SB361,3,23
20(2) A pharmacist may not administer a vaccine unless he or she has
21successfully completed 12 hours in a course of study and training, approved by the
22American Council on Pharmaceutical Education or the board, in vaccination storage,
23protocols, injection technique, emergency procedures and record keeping.
SB361,4,3
1(3) A pharmacist who successfully completes a course of study and training
2specified in sub. (1) or (2) shall maintain proof of completion and, upon request,
3provide copies of such proof to the department or the board.
SB361, s. 9
4Section
9. 450.08 (2) (a) of the statutes is amended to read:
SB361,4,115
450.08
(2) (a) A pharmacist's license may be renewed by
complying with
6continuing education requirements under s. 450.085 and paying the applicable fee
7specified under s. 440.08 (2) (a) on or before the applicable renewal date specified
8under s. 440.08 (2) (a). Failure to obtain renewal within the time period specified
9under this paragraph terminates the right of the person to be licensed as a
10pharmacist, and such right can only be acquired by passing an examination to the
11satisfaction of the board.
SB361, s. 10
12Section
10. 450.085 of the statutes is created to read:
SB361,4,21
13450.085 Continuing education. (1) An applicant for renewal of a license
14under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the
152-year period immediately preceding the date of his or her application, 30 hours of
16continuing education in courses conducted by a provider that is approved by the
17American Council on Pharmaceutical Education or in courses approved by the board.
18Courses specified in ss. 450.035 (1) and (2) are courses in continuing education for
19purposes of this subsection. This subsection does not apply to an applicant for
20renewal of a license that expires on the first renewal date after the date on which the
21board initially granted the license.
SB361,4,24
22(2) The board may waive all or part of any requirement in sub. (1) if it finds that
23exceptional circumstances such as prolonged illness, disability or other similar
24circumstances have prevented a pharmacist from meeting the requirement.
SB361,5,4
1(1) The pharmacy examining board shall submit in proposed form the rules
2required under section 450.02 (2) (b) of the statutes, as affected by this act, to the
3legislative council staff under section 227.15 (1) of the statutes no later than the first
4day of the 6th month after the effective date of this subsection.
SB361,5,76
(1) The treatment of sections 450.08 (2) (a) and 450.085 of the statutes first
7applies to applications to renew licenses that expire on June 1, 2000.
SB361, s. 13
8Section
13.
Effective dates. This act takes effect on the first day of the 9th
9month beginning after publication, except as follows:
SB361,5,1010
(1)
Section
11 (1
) of this act takes effect on the day after publication.
