PHARMACY EXAMINING BOARD
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IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : PHARMACY EXAMINING BOARD
PHARMACY EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-023)
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ORDER
An order of the Pharmacy Examining Board to create Phar 7.20 relating to automated technology product verification check.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 450.11, Stats. Explanation of agency authority:
The board shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s. 450.05. [s. 450.02 (2), Stats.] The board may promulgate rules:
(a) Relating to the manufacture of drugs and the distribution and dispensing of prescription drugs.
(d) Necessary for the administration and enforcement of this chapter and ch. 961. (e) Establishing minimum standards for the practice of pharmacy.
Related statute or rule: ch. Phar 7 Plain language analysis:
This rule allows for the product verification of a prescription to be completed by automated technology.
Automated technology can be utilized for the product verification of a prescription if the machine is located within the pharmacy, utilizes barcodes or other machine-readable technology and the automated technology is validated for accuracy.
Product verifications can be done by automated technology if it is contained in a final package from a manufacturer or if a licensed pharmacist has ensured that the packaging process results in a final package that is labeled with the correct drug name, strength, form, control or lot number and beyond use date.
The medication is required to be administered by a health care provider or a person authorized to administer drugs within an institution.
Each pharmacy is required to maintain policies, procedures, and training materials. The following records are required to be kept: all validation records, names of supervising pharmacist, managing and supervising pharmacist responsibilities, manufacturer’s recommended maintenance and quality assurance measures, dates of all software upgrades, and documentation of all service performed outside of the manufacturer’s standard maintenance recommendations.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois does not allow for automated technology to complete the product verification.
Iowa: Iowa allows automated technology to conduct the product verification if the system utilizes barcode scanning technology and the product is prestocked and no manipulation of drug or package other than affixing a patient label is taking place. If the product is going to require further manipulation than a pharmacist is required to do the product verification prior to dispensing to a patient.
Michigan: Michigan does not allow for automated technology to complete the product verification.
Minnesota: Minnesota does not allow for automated technology to complete the product verification.
Summary of factual data and analytical methodologies:
The Pharmacy Examining Board began a pilot program for automated technology to complete product verification on October 1, 2016. The purpose was to study the accuracy and determine whether allowing automated technology improves the safety, quality or efficiency of the practice of pharmacy. The Pharmacy Examining Board determined that the procedures utilized in the pilot program were sufficient for the safety of the public and is amending the rules to allow for this practice.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule was posted for economic comments and none were received. This rule does not require a pharmacy to utilize automated technology product verification process in the pharmacy.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Phar 7.20 is created to read:
Phar 7.20 Automated technology product verification (1) Definitions. In this section:
(a)
“Product verification” means doing a check of the accuracy and correctness of a product, including drug, strength, formulation, and expiration or beyond use date, as part of the final check.(b) “Supervising pharmacist” means the pharmacist licensed in this state who is responsible for the operations and outcomes of the product verification done by an automated technology.
(2) Automated technology product verification qualifications. Product verification may be done only by an automated technology which meets all of the following:
(a) Located within a licensed pharmacy.
(b) Utilizing barcodes or another machine-readable technology to complete the product verification.
(c) Validated by the following process:
