STATE OF WISCONSIN
PHARMACY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : PHARMACY EXAMINING BOARD
PHARMACY EXAMINING BOARD : ADOPTING EMERGENCY RULES
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The statement of scope for this rule, SS #058-19, was approved by the Governor on July 29, 2019, published in Register 764A1 on August 5, 2019, and approved by the Pharmacy Examining Board on August 15, 2019. This emergency rule as approved by the Governor on September 19, 2019. ORDER
An order of the Pharmacy Examining Board to repeal Phar 7.01 (3) relating to pharmacist to delegate ratios.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Pharmacy Examining Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Pharmacy Examining Board may authorize a pilot program and grant a waiver or variance in connection with the pilot program from any rule promulgated by the Board and the pilot program may not last longer than 3 years pursuant to s. 450.02 (3r), Stats. The pilot program waives Phar 7.01 (3), Wis. Admin. Code. Pharmacies have been operating in the pilot program since October 1, 2016. Without a rule in place when the pilot program expires, pharmacies will be required to hire more pharmacists to continue current operations.
CR 19-022 was submitted to the legislature on July 16, 2019. The pilot program will expire prior to the completion of legislative review and adoption. -----------------------------------------------------------------------------------------------------------
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, 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:
Under current pharmacy rules, there is a one pharmacist to four delegate ratio for staffing pharmacies. Wisconsin does not credential technicians although a delegate is often referred to as a technician. This rule repeals the requirement establishing a pharmacist to technician or intern ratio.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois does not have rules regarding pharmacist to technician ratio.
Iowa: Iowa does not have rules regarding pharmacist to technician ratio.
Michigan: Michigan does not have rules regarding pharmacist to technician ratio.
Minnesota: Minnesota has a ratio of one pharmacist to two technicians except the ratio is one pharmacist to three technicians when the technicians are doing the following: intravenous admixture preparation; setting up or preparing patient specific in unit dose or modified unit dose packaging; prepacking; or compounding.
