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AB281,24 3Section 24. 450.08 (2) (b) of the statutes is amended to read:
AB281,9,74 450.08 (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).
AB281,25 8Section 25. 450.10 (1) (a) 1. of the statutes is amended to read:
AB281,9,119 450.10 (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.
AB281,26 12Section 26. 450.10 (1) (a) 2. of the statutes is amended to read:
AB281,9,1513 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.
AB281,27 16Section 27. 450.10 (1) (a) 3. of the statutes is amended to read:
AB281,9,1917 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.
AB281,28 20Section 28. 450.10 (1) (a) 6. of the statutes is amended to read:
AB281,9,2321 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.
AB281,29 24Section 29. 450.10 (1) (b) (intro.) of the statutes is amended to read:
AB281,10,4
1450.10 (1) (b) (intro.) Subject to subch. II of ch. 111 and the rules adopted under
2s. 440.03 (1), the board may reprimand the licensee or registrant or deny, revoke,
3suspend, or limit the license or registration or any combination thereof of any person
4licensed under this chapter who has:
AB281,30 5Section 30. 450.10 (1) (b) 3. of the statutes is amended to read:
AB281,10,76 450.10 (1) (b) 3. Been found guilty of an offense the circumstances of which
7substantially relate to the practice of the licensee or registrant.
AB281,31 8Section 31. 450.10 (2) of the statutes is amended to read:
AB281,10,129 450.10 (2) In addition to or in lieu of a reprimand or denial, limitation,
10suspension, or revocation of a license or registration under sub. (1), the board may,
11for the violations enumerated under sub. (1), assess a forfeiture of not more than
12$1,000 for each separate offense. Each day of violation constitutes a separate offense.
AB281,32 13Section 32. 450.10 (3) (a) 1. of the statutes is amended to read:
AB281,10,1514 450.10 (3) (a) 1. A pharmacist or pharmacy technician licensed or registered
15under this chapter.
AB281,33 16Section 33. 450.11 (1b) (bm) of the statutes is amended to read:
AB281,10,2317 450.11 (1b) (bm) A pharmacist, pharmacy technician, or other person
18dispensing or delivering a drug shall legibly record the name on each identification
19card presented under par. (b) to the pharmacist, pharmacy technician, or other
20person, and the name of each person to whom a drug is dispensed or delivered subject
21to par. (e) 2., and shall maintain that record for a time established by the board by
22rule or, for a record that is subject to s. 961.385, until the name is delivered to the
23controlled substances board under s. 961.385, whichever is sooner.
AB281,34 24Section 34. 450.11 (1b) (d) of the statutes is amended to read:
AB281,11,5
1450.11 (1b) (d) A pharmacist or pharmacy technician is immune from any civil
2or criminal liability and from discipline under s. 450.10 for any act taken by the
3pharmacist or pharmacy technician in reliance on an identification card that the
4pharmacist reasonably believed was authentic and displayed the name of the person
5to whom the drug was being delivered if the sale was made in good faith.
AB281,35 6Section 35. 450.11 (1b) (e) 2. of the statutes is amended to read:
AB281,11,107 450.11 (1b) (e) 2. The pharmacist, pharmacy technician, or other person
8dispensing or delivering the drug has personal knowledge of the person to whom the
9drug is dispensed or delivered and that the person is the ultimate user or the ultimate
10user's authorized representative.
AB281,36 11Section 36. 450.11 (3) of the statutes is amended to read:
AB281,11,1612 450.11 (3) Preparation of prescription drugs. Except as provided in sub. (1i)
13(b) and ss. 118.2925 (4), 255.07 (3), and 450.076, no person other than a pharmacist
14or practitioner or their agents and employees as directed, supervised, and inspected
15by the pharmacist or practitioner, including pharmacy technicians, may prepare,
16compound, dispense, or prepare for delivery for a patient any prescription drug.
AB281,37 17Section 37. 450.11 (7) (d) of the statutes is amended to read:
AB281,11,2018 450.11 (7) (d) No person may, for the purpose of obtaining a prescription drug,
19falsely assume the title of, or represent himself or herself to be, a manufacturer,
20distributor, pharmacist, pharmacy technician, or practitioner.
AB281,38 21Section 38. 450.11 (8) (a) of the statutes is amended to read:
AB281,11,2322 450.11 (8) (a) The board, insofar as this section applies to pharmacists and
23pharmacy technicians
.
AB281,39 24Section 39. 450.17 of the statutes is amended to read:
AB281,12,4
1450.17 Violations. Each member of the board shall investigate and institute
2actions for violations of this chapter by any person and for violation of ch. 961 by
3pharmacists or pharmacy technicians. The district attorney of the proper county
4shall promptly prosecute any such violation upon notice from any source.
AB281,40 5Section 40 . Nonstatutory provisions.
AB281,12,146 (1) The pharmacy examining board may promulgate emergency rules under s.
7227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2),
8emergency rules promulgated under this subsection remain in effect until May 1,
92024, or the date on which permanent rules take effect, whichever is sooner.
10Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to
11provide evidence that promulgating a rule under this subsection as an emergency
12rule is necessary for the preservation of the public peace, health, safety, or welfare
13and is not required to provide a finding of emergency for a rule promulgated under
14this subsection.
AB281,41 15Section 41. Effective dates. This act takes effect on the first day of the 13th
16month beginning after publication or on May 31, 2022, whichever is later, except as
17follows:
AB281,12,1818 (1) Section 40 (1 ) of this act takes effect on the day after publication.
AB281,12,1919 (End)
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