April 8, 2021 - Introduced by Senators Bernier, Ringhand and Testin, cosponsored
by Representatives Horlacher, Bowen, Brooks, Cabral-Guevara, Dittrich,
Duchow, Gundrum, Hong, Magnafici, Moses, Murphy, Rozar, Schraa,
Skowronski, Subeck and Wichgers. Referred to Committee on Insurance,
Licensing and Forestry.
SB300,1,12
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), 450.035 (2h), 450.035 (2i) (a) and (b), 450.035 (3), 450.035 (4), 450.062
4(intro.), 450.08 (1), 450.08 (2) (b), 450.10 (1) (a) 1., 450.10 (1) (a) 2., 450.10 (1)
5(a) 3., 450.10 (1) (a) 6., 450.10 (1) (b) (intro.), 450.10 (1) (b) 3., 450.10 (2), 450.10
6(3) (a) 1., 450.11 (1b) (bm), 450.11 (1b) (d), 450.11 (1b) (e) 2., 450.11 (3), 450.11
7(7) (d), 450.11 (8) (a) and 450.17;
to repeal and recreate 146.89 (1) (r) 4. and
8450.08 (title); and
to create 440.03 (13) (b) 48m., 440.08 (2) (a) 56m., 450.01
9(15g), 450.01 (16c), 450.02 (2) (b), 450.03 (1) (gm) and 450.068 of the statutes;
10relating to: registration of pharmacy technicians, extending the time limit for
11emergency rule procedures, providing an exemption from emergency rule
12procedures, and granting 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 engaging in the practice of 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 the activities that
constitute the practice 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:
SB300,1
1Section
1. 146.81 (1) (fm) of the statutes is amended to read:
SB300,2,32
146.81
(1) (fm) A pharmacist
or pharmacy technician licensed
or registered 3under ch. 450.
SB300,2
4Section
2. 146.89 (1) (r) 4. of the statutes is repealed and recreated to read:
SB300,2,55
146.89
(1) (r) 4. Registered as a pharmacy technician under ch. 450.
SB300,3
6Section
3. 146.997 (1) (d) 8. of the statutes is amended to read:
SB300,3,2
1146.997
(1) (d) 8. A pharmacist
or pharmacy technician licensed
or registered 2under ch. 450.
SB300,4
3Section
4. 440.03 (13) (b) 48m. of the statutes is created to read:
SB300,3,44
440.03
(13) (b) 48m. Pharmacy technician.
SB300,5
5Section
5. 440.08 (2) (a) 56m. of the statutes is created to read:
SB300,3,66
440.08
(2) (a) 56m. Pharmacy technician: June 1 of each even-numbered year.
SB300,6
7Section
6. 450.01 (15g) of the statutes is created to read:
SB300,3,98
450.01
(15g) “Pharmacy technician” means a person registered by the board
9under s. 450.068.
SB300,7
10Section
7. 450.01 (16) (g) of the statutes is amended to read:
SB300,3,1211
450.01
(16) (g) Supervision of
pharmacy technicians and other pharmacist
12supportive personnel.
SB300,8
13Section
8. 450.01 (16c) of the statutes is created to read:
SB300,3,1414
450.01
(16c) “Practice of a pharmacy technician” means any of the following:
SB300,3,1615
(a) The activities specified in rules promulgated by the board under s. 450.02
16(2) (b).
SB300,3,1717
(b) Administering vaccines or drugs as authorized under s. 450.035.
SB300,9
18Section
9. 450.01 (21e) (a) of the statutes is amended to read:
SB300,3,2019
450.01
(21e) (a) An action by a pharmacist
or pharmacy technician with respect
20to a prescription drug that the pharmacist
or pharmacy technician is dispensing.
SB300,10
21Section 10
. 450.02 (2) of the statutes is renumbered 450.02 (2) (intro.) and
22amended to read:
SB300,3,2423
450.02
(2) (intro.) The board shall
adopt promulgate rules
defining
to do all of
24the following:
SB300,4,2
1(a) Define the active practice of pharmacy. The rules shall apply to all
2applicants for licensure under s. 450.05.
SB300,11
3Section 11
. 450.02 (2) (b) of the statutes is created to read:
SB300,4,54
450.02
(2) (b) Define the activities that constitute the practice of a pharmacy
5technician for purposes of the registration requirement under s. 450.068.
SB300,12
6Section
12. 450.02 (3) (f) of the statutes is amended to read:
SB300,4,107
450.02
(3) (f) Establishing procedures for identifying pharmacists
and
8pharmacy technicians impaired by alcohol or other drugs or physical or mental
9disability or disease and for assisting those pharmacists
and pharmacy technicians 10in obtaining treatment.
SB300,13
11Section
13. 450.03 (1) (e) of the statutes is amended to read:
SB300,4,1812
450.03
(1) (e) Any person lawfully practicing within the scope of a license,
13permit, registration, certificate, or certification granted to
practice as a pharmacy
14technician under s. 450.068, to provide home medical oxygen under s. 450.076, to
15practice professional or practical nursing or nurse-midwifery under ch. 441, to
16practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery
17under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine
18under ch. 89, or as otherwise provided by statute.
SB300,14
19Section 14
. 450.03 (1) (gm) of the statutes is created to read:
SB300,4,2320
450.03
(1) (gm) A person who has applied for a registration under s. 450.068
21and whose practice as a pharmacy technician is limited to performing duties under
22the direct supervision of a person licensed as a pharmacist by the board and during
23the period before which the board takes final action on the person's application.
SB300,5,5
1450.03
(1) (i) Any person
, other than a pharmacy technician, who is providing
2services
, including administering vaccines or drugs as authorized under s. 450.035, 3as directed, supervised, and inspected by a pharmacist who has the power to direct,
4decide, and oversee the implementation of the services rendered, subject to any rules
5promulgated by the board and subject to s. 450.035 (2m).
SB300,5,108
450.035
(2h) (a) A
person engaged in the practice of pharmacy under s. 450.03
9(1) (i) pharmacy technician may not administer a vaccine unless all of the following
10are satisfied:
SB300,5,1411
1. The
person pharmacy technician has successfully completed at least 2 hours
12in a course of study and training, approved by the Accreditation Council for
13Pharmacy Education or the board, in hands-on injection technique and the
14recognition and treatment of emergency reactions to vaccines.
SB300,5,1815
2. The
person pharmacy technician acts under the direct supervision of a
16pharmacist and the supervising pharmacist has successfully completed a course of
17study and training specified in sub. (2) and has satisfied the requirements specified
18in sub. (2t).
SB300,5,2019
3. The
person pharmacy technician holds a current certification in basic life
20support or cardiopulmonary resuscitation.
SB300,5,2421
4. The
person pharmacy technician holds a certified pharmacy technician
22certification from either the Pharmacy Technician Certification Board, or its
23successor organization, or the National Healthcareer Association, or its successor
24organization.
SB300,6,3
1(b) A
person engaged in the practice of pharmacy under s. 450.03 (1) (i) 2pharmacy technician may not administer a vaccine under this subsection to a person
3who is under the age of 6.
SB300,6,116
450.035
(2i) (a) Subject to subs. (2), (2g), and (2h), a pharmacist
, a pharmacy
7technician, or a person engaged in the practice of pharmacy under s. 450.03 (1) (f),
8(fm),
or (g)
, or (i) may administer without a prescription order any vaccine listed in
9the current immunization schedules recommended by the federal advisory
10committee on immunization practices and published by the federal centers for
11disease control and prevention.
SB300,6,1812
(b) Subject to subs. (2), (2g), and (2h), a pharmacist
, a pharmacy technician, or
13a person engaged in the practice of pharmacy under s. 450.03 (1) (f), (fm),
or (g)
, or
14(i) may initiate and administer any vaccine not listed in the current immunization
15schedules recommended by the federal advisory committee on immunization
16practices and published by the federal centers for disease control and prevention if
17the vaccine is administered pursuant to a prescription order, vaccination protocol,
18or standing order
.
SB300,7,221
450.035
(3) A pharmacist
, a pharmacy technician, or a person engaged in the
22practice of pharmacy under s. 450.03 (1) (f), (fm),
or (g)
, or (i) who successfully
23completes a course of study and training specified in sub. (1r), (1t), (2), (2g), or (2h),
24or holds a certification under sub. (2h), shall maintain proof of completion or holding
1the certification and, upon request, provide copies of such proof to the department
2or the board.
SB300,7,95
450.035
(4) A pharmacist
, pharmacy technician, or person engaged in the
6practice of pharmacy under s. 450.03 (1) (f), (fm),
or (g)
, or (i) who administers a
7vaccine to a person under this section shall update, or cause a pharmacy to update,
8the Wisconsin Immunization Registry established by the department of health
9services within 7 days of administering the vaccine.
SB300,20
10Section
20. 450.062 (intro.) of the statutes is amended to read:
SB300,7,14
11450.062 Remote dispensing. (intro.) Pursuant to rules promulgated by the
12board, a pharmacist
, a pharmacy technician, or a person engaged in the practice of
13pharmacy under s. 450.03 (1) (f), (g), or (i) may dispense at any of the following
14locations:
SB300,21
15Section
21. 450.068 of the statutes is created to read:
SB300,7,19
16450.068 Pharmacy technicians; registration. (1) No person may engage
17in the practice of a pharmacy technician or use the title “pharmacy technician” or
18“pharmacy tech” unless the person is registered as a pharmacy technician by the
19board.
SB300,7,21
20(2) Except as provided in s. 450.10, the board shall issue a registration as a
21pharmacy technician to an applicant who satisfies all of the following:
SB300,7,2322
(a) The applicant submits an application for registration on a form provided by
23the board that specifies all of the following:
SB300,7,2424
1. The applicant's home address.
SB300,8,2
12. If the applicant is employed, the name and address of the applicant's
2employer, and the applicant's place of employment.
SB300,8,33
(b) The applicant satisfies one of the following:
SB300,8,64
1. The applicant is at least 18 years of age and has graduated from high school
5or has attained high school graduation equivalency as determined by the department
6of public instruction.
SB300,8,97
2. The applicant is enrolled in a youth apprenticeship program for pharmacy
8technicians that is on the list of youth apprenticeship programs approved by the
9department of workforce development under s. 106.13 (2m).
SB300,8,1010
(d) The applicant pays the fee specified in s. 440.05 (1).
SB300,8,11
11(3) A pharmacy technician shall do all of the following:
SB300,8,1512
(a) Notwithstanding s. 440.11, if the pharmacy technician moves from the last
13address provided to the department, notify the department of his or her new address
14within 10 days of the change in writing or in accordance with other notification
15procedures approved by the department.
SB300,8,2016
(b) If the pharmacy technician changes his or her employer or place of
17employment, notify the department of his or her new employer or address of
18employment within 10 days of the change in writing or in accordance with other
19notification procedures approved by the department and, if required by the
20department, pay the transfer fee under s. 440.05 (7).
SB300,22
21Section
22. 450.08 (title) of the statutes is repealed and recreated to read:
SB300,8,22
22450.08 (title)
Credential renewals.
SB300,23
23Section
23. 450.08 (1) of the statutes is amended to read:
SB300,9,224
450.08
(1) The renewal
date
dates for all licenses
and registrations granted by
25the board
is are specified under s. 440.08 (2) (a). Except as provided under sub. (2)
1(a), only a holder of an unexpired license
or registration may engage in his or her
2licensed activity.
SB300,24
3Section
24. 450.08 (2) (b) of the statutes is amended to read:
SB300,9,74
450.08
(2) (b) A pharmacy,
pharmacy technician's, manufacturer's,
5distributor's, or home medical oxygen provider's license
or registration may be
6renewed by paying the applicable fee determined by the department under s. 440.03
7(9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).
SB300,25
8Section
25. 450.10 (1) (a) 1. of the statutes is amended to read:
SB300,9,119
450.10
(1) (a) 1. Making any materially false statement or giving any
10materially false information in connection with an application for a license
or
11registration or for renewal or reinstatement of a license
or registration.
SB300,26
12Section
26. 450.10 (1) (a) 2. of the statutes is amended to read:
SB300,9,1513
450.10
(1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 961 or
14any federal or state statute or rule which substantially relates to the practice of the
15licensee
or registrant.
SB300,27
16Section
27. 450.10 (1) (a) 3. of the statutes is amended to read:
SB300,9,1917
450.10
(1) (a) 3.
Practicing
Engaging in the practice of pharmacy
or practicing
18as a pharmacy technician while the person's ability to practice is impaired by alcohol
19or other drugs or physical or mental disability or disease.
SB300,28
20Section
28. 450.10 (1) (a) 6. of the statutes is amended to read:
SB300,9,2321
450.10
(1) (a) 6. Engaging in conduct in the practice of the licensee
or registrant 22which that evidences a lack of knowledge or ability to apply professional principles
23or skills.