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 19-164)
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ORDER
An order of the Pharmacy Examining Board to repeal Phar 17.02 (1), (2), (3), (5), (6), (7) and (8), 17.03, 17.04, 17.05, 17.06 and 17.07; to amend Phar 2.02 (1) (c) and (d) 1., and 3., Phar 17.01, 17.02 (4); and to create Phar 17.02 (3m) and 17.035 relating to pharmacy internships.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
The examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession. [s. 15.08 (5) (b), Stats.] The board may promulgate rules necessary for the administration of chs. 450 and 961. [s. 450.02 (3) (d), Stats.] The board may promulgate rules establishing minimum standards for the practice of pharmacy. [s. 450.02 (3) (e), Stats.] Related statute or rule: Ch. Phar 2 Plain language analysis:
This rule simplifies and brings into statutory compliance ch. Phar 17. Section 1 removes the reference to foreign graduate internship and the associated requirements which are rendered obsolete by the proposed rule revisions to Phar 17. It adds that this provision refers to those who were foreign educated because just removing the reference would not have the qualifier that was previously in the rule referencing foreign graduate. In addition, it removes references which are rendered obsolete by the proposed rule revisions to Phar 17.
Section 2 amends the statutory citations to correctly reflect the statutory authority.
Sections 3 and 6 repeal unnecessary definitions due to the simplification of the rules.
Section 4 creates the definition “general supervision” to mean continually coordinate, direct and inspect the practice of another.
Section 5 amends the definition for “intern” to mean a person who is completing an internship for purposes of meeting the requirement under s. 450.03 (2) (b), Stats. Sections 7 and 9 repeal the different types of internships (academic, foreign graduate, practical experience, postgraduate and student non-academic).
Section 7 creates general requirements for an internship. The intern performs duties under the general supervision of a supervising pharmacist. Documentation of hours are to be maintained either by the school through a method of their choice or by the supervising pharmacist which will detail the hours and location worked under the pharmacist and is signed by the intern and the pharmacist. The documentation of hours will be disclosed to the Board upon request.
Summary of, and comparison with, existing or proposed federal regulation:
There are no federal regulations relating to pharmacist interns.
Comparison with rules in adjacent states:
Illinois: Illinois requires approved pharmacy programs to contain a minimum of 400 hours of direct contact hours in clerkship and externship experience including supervised training in inpatient environments providing for interdisciplinary experiences with other health professionals and distributive aspects of pharmacy practice.
Iowa: In Iowa an intern is a person who is enrolled in a college of pharmacy or actively pursuing a pharmacy degree, or as otherwise provided by the board is registered for the purpose of obtaining instruction in the practice of pharmacy from a preceptor pursuant to Iowa Code section 155A.6. A licensed pharmacist must be on duty and responsible for intern during all periods of training and tasks usually restricted to a pharmacist may be delegated to interns at the discretion of the supervising pharmacist.
Michigan: Michigan requires an intern to obtain an intern license Before training an intern, a licensed pharmacist must obtain board approval. The preceptor is responsible for the overall internship program at the pharmacy.
Minnesota: Minnesota requires a person to register with the board before beginning an internship. Pharmacists intending to act as preceptors for interns must also register with the board. An intern performing tasks associated with dispensing or compounding shall be immediately and directly supervised by a licensed pharmacist stationed within the same work area who has the ability to control and is responsible for the actions of the intern. Immediate and direct supervision by a licensed pharmacist is not required when the intern performs tasks that do not involve dispensing and compounding. However, all drug therapy and related recommendations that an intern proposes to make to other health professionals and patients must be reviewed and approved by a licensed pharmacist before they are made.
Summary of factual data and analytical methodologies:
The Pharmacy Examining Board did a comprehensive review of chapter Phar 17 to ensure the chapter is statutorily compliant and current with professional standards and practices.
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.
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 Dan.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 2.02 (1) (c) and (d) 1., and 3. are amended to read:
Phar 2.02 (1) (c) If the applicant was foreign educated, intends to engage in a foreign graduate internship, under s. Phar 17.04, evidence satisfactory to the board that the applicant has obtained certification by the foreign pharmacy graduate examination committee and disclosure of the applicant’s supervising pharmacist. Any change of a supervising pharmacist shall be disclosed to the board by filing an amendment to the application prior to further performing duties constituting the practice of pharmacy as a foreign graduate intern.
