ORIGINAL SENATE
FILE NO. 0083
ENROLLED ACT NO.
22, SENATE
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to the
Wyoming Pharmacy Act; amending and
clarifying
provisions with respect to dispensing of drugs;
amending
examination fees as specified; repealing
conflicting
provisions; and providing for an effective
date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 33-24-101(c)(i)
and (viii),
33-24-112(a)(i), 33-24-121(a), 33-24-136(c),
33-24-147(a)(ii), 33-24-148(b) and by creating a new
subsection (g) and 33-24-149(a) and (d) are amended to
read:
33-24-101. Short title; definition.
(c) As used in
this act, "unprofessional conduct"
means:
(i) Substituting Dispensing a drug or
brand of
drug in filling a
prescription which differs from that
specified by the
prescription without authority of the
issuer of the
prescription;
(viii) Filling a
prescription with drugs which
may have lost their
effectiveness when the drugs are
acquired as indicated
by the
expiration date
provided by the manufacturer or supplier of
the drug or other
competent authority;
33-24-112. Fees for examinations,
reexaminations,
license
renewals and registration renewals; late fees.
(a) The board
shall determine each year the fees to
be collected for
examinations, reexaminations, license
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renewals
and registration renewals based upon annual normal
operating expenses,
including late fees to be collected for
failure to pay a
license or renewal fee by the deadline
established by the
board, provided that:
(i) Examination
and reexamination fees shall not
exceed five hundred
dollars ($500.00) plus the amount
charged by the
National Association of Boards of Pharmacy
to take the
examinations;
33-24-121. Renewal license certificate;
late fee;
expiration
upon failure to renew; reinstatement; continuing
professional
education requirement for renewal; reduction
or exception
determined by board.
(a) On or
before December 31 of each year, any person
except interns
practicing pharmacy in this state and any
shall transmit to the
secretary of the board his signature,
registration number
and address together with proof of
compliance with
subsection (d) of this section, and the
annual fee determined
by the board and the relevant
information pertaining
to criminal, substance abuse,
professional liability
and licensure history. Upon receipt
and
compliance with all requirements, the secretary shall
issue a renewal
license certificate.
33-24-136. Filing
written memorandum of prescription;
labels generally;
prescription defined; counseling and
patient
profiles.
(c) Pharmacists
shall offer to and shall counsel
medicaid
patients
if requested, concerning and in
conjunction with drugs
dispensed pursuant to a new
prescription.
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33-24-147. Definitions.
(a) As used in
this act:
(ii) "Generically
equivalent drug" means a drug
that contains
identical active ingredients in the identical
dosage forms, but not
necessarily containing the same
inactive ingredients,
that meet the identical compendial or
other applicable
standards of identity, strength, quality
and purity, including
potency, and, where applicable,
content uniformity,
disintegration times or dissolution
rates, as the
prescribed brand name drug, and, if
applicable, the manufacturer
or distributor holds either an
approved new drug
application or an approved abbreviated
new drug application
unless other approval by law or from
the Federal Food and
Drug Administration is required. No
drug is considered a
generically equivalent drug if it has
been listed by the
Federal Food and Drug Administration as
having proven
bioequivalence problems
equivalent drug shall
bear an "AB" or higher rating in the
Federal Food and Drug
Administration Approved Drug Products
with Therapeutic
Equivalence Evaluations;
33-24-148. Conditions for drug
substitution.
(b) Except as
limited by subsection (c) of this
section and
clearly indicated
substitution is not permitted, a
pharmacist may
substitute a drug product with the same
generic name in the
identical strength, quantity, dose and
dosage form as the
prescribed drug, if in the pharmacist's
professional opinion
the drug substituted is
therapeutically
equivalent
meets all requirements
specified in W.S. 33-24-147(a)(ii).
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(g) When a
practitioner orally communicates a
prescription and
prohibits a generic substitution, the
pharmacist shall make
reasonable efforts to obtain a
written prescription
from the practitioner with the phrase
"brand medically
necessary" written on the face of the
prescription in his
own handwriting.
33-24-149. Drug substitution
procedures.
(a) A
pharmacist who receives a prescription for a
brand name dangerous
drug may dispense any generically
equivalent drug of the
brand name dangerous drug
prescribed, when an authorization for substitution is given
substitution is not
permitted, if the drug to be dispensed
has a lower, regular
and customary retail price than the
brand name dangerous
drug prescribed, as provided in W.S.
33-24-148.
(d) The
national drug code number or the name of
the
manufacturer or
distributor of the generic drug dispensed
shall be noted on the
prescription memorandum by the
pharmacist.
Section
2. W.S. 33-24-148(a), (c), (d) and (f) is
repealed.
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Section 3. This act is effective immediately upon
completion of all acts
necessary for a bill to become law
as provided by Article
4, Section 8 of the Wyoming
Constitution.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this
act originated in the Senate.
Chief Clerk
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