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LRB-5375/1
MED:amn
2019 - 2020 LEGISLATURE
February 6, 2020 - Introduced by Senators Bernier and Olsen, cosponsored by
Representatives Horlacher, Born, Brostoff, L. Myers, Skowronski, Subeck,
Tittl and Tusler. Referred to Committee on Health and Human Services.
SB778,1,11 1An Act to renumber and amend 450.02 (2); to amend 146.81 (1) (fm), 146.997
2(1) (d) 8., 450.01 (16) (g), 450.01 (21e) (a), 450.02 (3) (f), 450.03 (1) (e), 450.03 (1)
3(i), 450.062 (intro.), 450.08 (1), 450.08 (2) (b), 450.10 (1) (a) 1., 450.10 (1) (a) 2.,
4450.10 (1) (a) 3., 450.10 (1) (a) 6., 450.10 (1) (b) (intro.), 450.10 (1) (b) 3., 450.10
5(2), 450.10 (3) (a) 1., 450.11 (1b) (bm), 450.11 (1b) (d), 450.11 (1b) (e) 2., 450.11
6(3), 450.11 (7) (d), 450.11 (8) (a) and 450.17; to repeal and recreate 146.89 (1)
7(r) 4. and 450.08 (title); and to create 440.03 (13) (b) 48m., 440.08 (2) (a) 56m.,
8450.01 (15g), 450.02 (2) (b), 450.03 (1) (gm) and 450.068 of the statutes;
9relating to: registration of pharmacy technicians, extending the time limit for
10emergency rule procedures, providing an exemption from emergency rule
11procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, no person may engage in the
practice of pharmacy unless the person is licensed as a pharmacist by the Pharmacy
Examining Board. One such exception is for a person who is providing services as
directed, supervised, and inspected by a pharmacist who has the power to direct,

decide, and oversee the implementation of the services rendered, subject to any rules
promulgated by the board. Current rules of the board govern the practice of
pharmacy technicians, which are defined as non-pharmacists or non-pharmacist
interns who, under the general supervision of a pharmacist who regularly
coordinates, directs, and inspects the activities of the pharmacy technician, assist
the pharmacist in the technical and nonjudgmental functions related to the practice
of pharmacy in the processing of prescription orders and inventory management.
The rules regulate the activities of pharmacy technicians, but pharmacy technicians
are not, under current law, required to be credentialed by the board in order to
practice.
This bill instead requires pharmacy technicians to be registered by the board
and prohibits any person from practicing as a pharmacy technician, as defined by the
board, or using the title “pharmacy technician” or “pharmacy tech” unless the person
is registered as a pharmacy technician by the board. Registration requires
submission of an application listing the applicant's employer, if any, and address, and
a fee, and requires that the applicant have graduated high school or an equivalency
or be enrolled in a pharmacy technician youth apprenticeship program. The bill
allows a person who has applied for a pharmacy technician registration to practice
as a pharmacy technician under the direct supervision of a pharmacist during the
period before the board takes final action on the person's application. Pharmacy
technicians are required under the bill to notify the board of any home address or
employer changes.
The bill requires the board to promulgate rules to define “pharmacy technician”
and the activities that constitute the practices of a pharmacy technician for purposes
of the registration requirement.
For further information see the state and local 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:
SB778,1 1Section 1. 146.81 (1) (fm) of the statutes is amended to read:
SB778,2,32 146.81 (1) (fm) A pharmacist or pharmacy technician licensed or registered
3under ch. 450.
SB778,2 4Section 2. 146.89 (1) (r) 4. of the statutes is repealed and recreated to read:
SB778,2,55 146.89 (1) (r) 4. Registered as a pharmacy technician under ch. 450.
SB778,3 6Section 3. 146.997 (1) (d) 8. of the statutes is amended to read:
SB778,3,2
1146.997 (1) (d) 8. A pharmacist or pharmacy technician licensed or registered
2under ch. 450.
SB778,4 3Section 4. 440.03 (13) (b) 48m. of the statutes is created to read:
SB778,3,44 440.03 (13) (b) 48m. Pharmacy technician.
SB778,5 5Section 5. 440.08 (2) (a) 56m. of the statutes is created to read:
SB778,3,66 440.08 (2) (a) 56m. Pharmacy technician: June 1 of each even-numbered year.
SB778,6 7Section 6. 450.01 (15g) of the statutes is created to read:
SB778,3,98 450.01 (15g) “Pharmacy technician” means a person registered by the board
9under s. 450.068.
SB778,7 10Section 7. 450.01 (16) (g) of the statutes is amended to read:
SB778,3,1211 450.01 (16) (g) Supervision of pharmacy technicians and other pharmacist
12supportive personnel.
SB778,8 13Section 8. 450.01 (21e) (a) of the statutes is amended to read:
SB778,3,1514 450.01 (21e) (a) An action by a pharmacist or pharmacy technician with respect
15to a prescription drug that the pharmacist or pharmacy technician is dispensing.
SB778,9 16Section 9 . 450.02 (2) of the statutes is renumbered 450.02 (2) (intro.) and
17amended to read:
SB778,3,1918 450.02 (2) (intro.) The board shall adopt promulgate rules defining to do all of
19the following:
SB778,3,21 20(a) Define the active practice of pharmacy. The rules shall apply to all
21applicants for licensure under s. 450.05.
SB778,10 22Section 10 . 450.02 (2) (b) of the statutes is created to read:
SB778,3,2523 450.02 (2) (b) Define “pharmacy technician” and the activities that constitute
24the practice of a pharmacy technician for purposes of the registration requirement
25under s. 450.068.
SB778,11
1Section 11. 450.02 (3) (f) of the statutes is amended to read:
SB778,4,52 450.02 (3) (f) Establishing procedures for identifying pharmacists and
3pharmacy technicians
impaired by alcohol or other drugs or physical or mental
4disability or disease and for assisting those pharmacists and pharmacy technicians
5in obtaining treatment.
SB778,12 6Section 12. 450.03 (1) (e) of the statutes is amended to read:
SB778,4,137 450.03 (1) (e) Any person lawfully practicing within the scope of a license,
8permit, registration, certificate, or certification granted to practice as a pharmacy
9technician under s. 450.068, to
provide home medical oxygen under s. 450.076, to
10practice professional or practical nursing or nurse-midwifery under ch. 441, to
11practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery
12under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine
13under ch. 89, or as otherwise provided by statute.
SB778,13 14Section 13 . 450.03 (1) (gm) of the statutes is created to read:
SB778,4,1815 450.03 (1) (gm) A person who has applied for a registration under s. 450.068
16and whose practice as a pharmacy technician is limited to performing duties under
17the direct supervision of a person licensed as a pharmacist by the board and during
18the period before which the board takes final action on the person's application.
SB778,14 19Section 14. 450.03 (1) (i) of the statutes is amended to read:
SB778,4,2320 450.03 (1) (i) Any person, other than a pharmacy technician, who is providing
21services as directed, supervised, and inspected by a pharmacist who has the power
22to direct, decide, and oversee the implementation of the services rendered, subject
23to any rules promulgated by the board and subject to s. 450.035 (2m).
SB778,15 24Section 15. 450.062 (intro.) of the statutes is amended to read:
SB778,5,4
1450.062 Remote dispensing. (intro.) Pursuant to rules promulgated by the
2board, a pharmacist, a pharmacy technician, or a person engaged in the practice of
3pharmacy under s. 450.03 (1) (f), (g), or (i) may dispense at any of the following
4locations:
SB778,16 5Section 16. 450.068 of the statutes is created to read:
SB778,5,9 6450.068 Pharmacy technicians; registration. (1) No person may practice
7as a pharmacy technician, as defined by the board under s. 450.02 (2) (b), or use the
8title “pharmacy technician” or “pharmacy tech” unless the person is registered as a
9pharmacy technician by the board.
SB778,5,11 10(2) Except as provided in s. 450.10, the board shall issue a registration as a
11pharmacy technician to an applicant who satisfies all of the following:
SB778,5,1312 (a) The applicant submits an application for registration on a form provided by
13the board that specifies all of the following:
SB778,5,1414 1. The applicant's home address.
SB778,5,1615 2. If the applicant is employed, the name and address of the applicant's
16employer, and the applicant's place of employment.
SB778,5,1717 (b) The applicant satisfies one of the following:
SB778,5,2018 1. The applicant is at least 18 years of age and has graduated from high school
19or has attained high school graduation equivalency as determined by the department
20of public instruction.
SB778,5,2321 2. The applicant is enrolled in a youth apprenticeship program for pharmacy
22technicians that is on the list of youth apprenticeship programs approved by the
23department of workforce development under s. 106.13 (2m).
SB778,5,2424 (d) The applicant pays the fee specified in s. 440.05 (1).
SB778,5,25 25(3) A pharmacy technician shall do all of the following:
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