LRB-2695/1
MED:skw
2021 - 2022 LEGISLATURE
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.
