SF0083 - Wyoming Pharmacy Act amendments.
|
2001 |
State of Wyoming |
01LSO-0175 |
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
may
have lost their effectiveness when the drugs are
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
except
interns practicing pharmacy in this state and any
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 such other
18 information as
the board determines by regulation. Upon
19 receipt and
compliance with all requirements, the secretary
20 shall issue a renewal license certificate.
21
22 33-24-136. Filing
written memorandum of prescription;
23
labels generally; prescription
defined; counseling and
24
patient profiles.
Page 3
1
2 (c) Pharmacists shall offer to and shall counsel
3 medicaid patients if requested, concerning and in
4
conjunction with drugs dispensed pursuant to a new
5
prescription.
6
7 33-24-147. Definitions.
8
9 (a) As used in this act:
10
11 (ii) "Generically
equivalent drug" means a drug
12 that contains identical active ingredients
in the identical
13 dosage forms, but not necessarily containing
the same
14 inactive ingredients, that meet the
identical compendial or
15 other applicable standards of identity,
strength, quality
16 and purity, including potency, and, where
applicable,
17 content uniformity, disintegration times or
dissolution
18 rates, as the prescribed brand name drug,
and, if
19 applicable, the manufacturer or distributor
holds either an
20 approved new drug application or an approved
abbreviated
21 new drug application unless other approval
by law or from
22 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
Page 4
1 having proven bioequivalence problems A generically
2 equivalent drug shall bear an
"AB" or higher rating in the
3 Federal Food and Drug Administration
Approved Drug Products
4 with Therapeutic Equivalence
Evaluations;
5
6 33-24-148. Conditions for drug substitution.
7
8 (b) Except as
limited by subsection (c) of this
section and W.S. 33-24-149(b)
or when the practitioner has
10 clearly
indicated substitution is not permitted or when the
11 patient
requests the prescribed drug, a pharmacist may
12 substitute a drug product with the same
generic name in the
13 identical strength, quantity, dose and
dosage form as the
14 prescribed drug,
if in the pharmacist's professional
opinion the drug
substituted is therapeutically equivalent
17 specified in W.S.
33-24-147(a)(ii).
18
19 (g) A practitioner who orally communicates a
20 prescription
and prohibits a generic substitution shall
21 furnish
the pharmacist within forty-eight (48) hours a
22 written
prescription with the phrase "brand medically
23 necessary"
written on the face of the prescription in his
24 own
handwriting.
Page 5
1
2 33-24-149. Drug substitution procedures.
3
4 (a) A
pharmacist who receives a prescription for a
5
brand name dangerous drug may dispense any generically
6
equivalent drug of the brand name dangerous drug
7
prescribed, when an authorization for
substitution is given
9 substitution is not permitted or the patient requests the
10 drug,
if the drug to be dispensed has a lower, regular and
11 customary retail price than the brand name
dangerous drug
12 prescribed, as provided in W.S. 33-24-148.
13
14 (d) The national drug code number or the
name of the
15 manufacturer or distributor of the generic
drug dispensed
16 shall be noted on the prescription memorandum
by the
17 pharmacist.
18
19 Section 2. W.S.
33-24-148(a), (c), (d) and (f) is
20 repealed.
21
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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