SF0083 - Wyoming Pharmacy Act amendments.
2001 |
State of Wyoming |
01LSO-0175.E1 ENGROSSED |
SENATE FILE NO. SF0083
Wyoming Pharmacy Act amendments.
Sponsored by: Senator(s) Devin and Representative(s) Meuli
and Tipton
A BILL
for
1 AN ACT relating to the
Wyoming Pharmacy Act; amending and
2
clarifying provisions with respect to dispensing of drugs;
3
amending examination fees as specified; repealing
4
conflicting provisions; and providing for an effective
5
date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S.
33-24-101(c)(i) and (viii),
10 33-24-112(a)(i), 33-24-121(a), 33-24-136(c),
11 33-24-147(a)(ii), 33-24-148(b) and
by creating a new
12 subsection (g) and 33-24-149(a) and
(d) are amended to
13 read:
14
15 33-24-101. Short title; definition.
16
Page 1
1 (c) As used in
this act, "unprofessional conduct"
2
means:
3
4 (i) Substituting Dispensing a drug or
brand of
5
drug in filling a prescription which differs from that
6
specified by the prescription without authority of the
7
issuer of the prescription;
8
9 (viii) Filling a
prescription with drugs which 10
may have lost their effectiveness when the drugs are 11
acquired as indicated by the a drug that is past the
12 expiration date provided by the
manufacturer or supplier of
13 the drug or other competent
authority;
14
15 33-24-112. Fees for examinations,
reexaminations,
16 license renewals and registration renewals;
late fees.
17
18 (a) The board
shall determine each year the fees to
19 be collected for examinations,
reexaminations, license
20 renewals and registration renewals
based upon annual normal
21 operating expenses, including late
fees to be collected for
22 failure to pay a license or renewal
fee by the deadline
23 established by the board, provided
that:
24
Page 2
1 (i) Examination
and reexamination fees shall not
2
exceed five hundred dollars ($500.00) plus
the amount
3 charged by the National Association of
Boards of Pharmacy
4 to take the examinations;
5
6 33-24-121. Renewal license certificate;
late fee;
7 expiration
upon failure to renew; reinstatement; continuing
8
professional education
requirement for renewal; reduction
9
or exception determined by board.
10
11 (a) On or
before December 31 of each year, any person 12
except interns practicing pharmacy in this state and any 13 pharmacist licensed to
practice pharmacy in this state
14 shall transmit to the secretary of
the board his signature,
15 registration number and address
together with proof of
16 compliance with subsection (d) of
this section, and
the
17 annual fee determined by the board and the relevant
18 information pertaining to criminal, substance abuse,
19 professional liability and licensure history. Upon
receipt
20 and
compliance with all requirements, the secretary shall
21 issue a renewal license certificate.
22
Page 3
1 33-24-136. Filing
written memorandum of prescription;
2 labels generally; prescription defined;
counseling and
3
patient profiles.
4
5 (c) Pharmacists shall offer to and shall counsel
6
medicaid patients if requested,
concerning and in
7
conjunction with drugs dispensed pursuant to a new
8
prescription.
9
10 33-24-147. Definitions.
11
12 (a) As used in this act:
13
14 (ii) "Generically
equivalent drug" means a drug
15 that contains identical active
ingredients in the identical
16 dosage forms, but not necessarily
containing the same
17 inactive ingredients, that meet the
identical compendial or
18 other applicable standards of
identity, strength, quality
19 and purity, including potency, and,
where applicable,
20 content uniformity, disintegration
times or dissolution
21 rates, as the prescribed brand name
drug, and, if
22 applicable, the manufacturer or
distributor holds either an
23 approved new drug application or an
approved abbreviated
24 new drug application unless other
approval by law or from
Page 4
1 the
Federal Food and Drug Administration is required. No
2
drug is considered a generically
equivalent drug if it has 3
been listed by the Federal Food and
Drug Administration as 4
having proven bioequivalence problems
A generically
5 equivalent drug shall bear an
"AB" or higher rating in the
6 Federal Food and Drug Administration
Approved Drug Products
7 with Therapeutic Equivalence
Evaluations;
8
9 33-24-148. Conditions for drug substitution.
10
11 (b) Except as
limited by subsection (c) of this 12
section and W.S. 33-24-149(b) or when the practitioner has
13 clearly indicated substitution is not permitted, a
14 pharmacist may substitute a drug
product with the same
15 generic name in the identical
strength, quantity, dose and
16 dosage form as the prescribed drug, if in the
pharmacist's 17
professional opinion the drug substituted is 18
therapeutically equivalent provided the substituted drug
19 meets all requirements specified in W.S. 33-24-147(a)(ii).
20
21 (g) When a practitioner orally communicates a
22 prescription
and prohibits a generic substitution, the
23 pharmacist shall make reasonable efforts to obtain a
24 written prescription from the practitioner with the phrase
Page 5
1 "brand medically necessary" written on the face of
the
2 prescription in his own handwriting.
3
4 33-24-149. Drug substitution procedures.
5
6 (a) A
pharmacist who receives a prescription for a
7
brand name dangerous drug may dispense any generically
8
equivalent drug of the brand name dangerous drug
9
prescribed, when an authorization for
substitution is given 10 unless the prescribing practitioner has clearly indicated
11 substitution is not permitted, if the drug to be
dispensed
12 has a lower, regular and customary
retail price than the
13 brand name dangerous drug
prescribed, as provided in W.S.
14 33-24-148.
15
16 (d) The national drug code number or the
name of the
17 manufacturer or distributor of the
generic drug dispensed
18 shall be noted on the prescription
memorandum by the
19 pharmacist.
20
21 Section 2. W.S.
33-24-148(a), (c), (d) and (f) is
22 repealed.
23
Page 6
1 Section 3. This act is effective immediately upon
2
completion of all acts necessary for a bill to become law
3
as provided by Article 4, Section 8 of the Wyoming
4
Constitution.
5
6 (END)
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