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January 19, 2021 - Introduced by Representatives Sanfelippo, Cabral-Guevara,
Dittrich, Duchow, Moses, Murphy and Rozar, cosponsored by Senator
Kooyenga. Referred to Committee on Health.
AB4,1,5 1An Act to renumber and amend 450.035 (2g); to amend 450.03 (1) (f), 450.03
2(1) (g), 450.03 (1) (i), 450.035 (2i) (a), 450.035 (2i) (b), 450.035 (2m), 450.035 (2t)
3(intro.), 450.035 (2t) (a), 450.035 (3) and 450.035 (4); and to create 450.035 (2h)
4of the statutes; relating to: pharmacy technicians and pharmacy students
5administering vaccines.
Analysis by the Legislative Reference Bureau
This bill authorizes pharmacy technicians to administer vaccines. Under
current law, a pharmacy technician is a person who provides services as directed,
supervised, and inspected by a pharmacist. To administer vaccines under the bill,
a pharmacy technician must complete two hours of training and must be supervised
by a pharmacist.
Also, under the bill, any health care provider who is authorized to administer
vaccines may supervise pharmacy students who have completed two years of
pharmacy school while they administer a vaccine. Current law requires pharmacy
students who have completed two years of pharmacy school to be supervised by a
pharmacist while administering a vaccine.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB4,1
1Section 1. 450.03 (1) (f) of the statutes is amended to read:
AB4,2,62 450.03 (1) (f) A person who has successfully completed his or her second year
3in, and is enrolled at, an accredited school of pharmacy and whose practice of
4pharmacy is limited to performing duties under the direct supervision of a person
5licensed as a pharmacist by the board and administering vaccines under the direct
6supervision of a health care provider authorized to administer vaccines
.
AB4,2 7Section 2. 450.03 (1) (g) of the statutes is amended to read:
AB4,2,128 450.03 (1) (g) A person who has applied for a license under s. 450.05 whose
9practice of pharmacy is limited to performing duties under the direct supervision of
10a person licensed as a pharmacist by the board and administering vaccines under the
11direct supervision of a health care provider authorized to administer vaccines
during
12the period before which the board takes final action on the person's application.
AB4,3 13Section 3. 450.03 (1) (i) of the statutes is amended to read:
AB4,2,1714 450.03 (1) (i) Any person who is providing services , including administering
15vaccines,
as directed, supervised, and inspected by a pharmacist who has the power
16to direct, decide, and oversee the implementation of the services rendered, subject
17to any rules promulgated by the board and subject to s. 450.035 (2m).
AB4,4 18Section 4. 450.035 (2g) of the statutes is renumbered 450.035 (2g) (a) and
19amended to read:
AB4,3,520 450.035 (2g) (a) A person engaged in the practice of pharmacy under s. 450.03
21(1) (f) or (g) may not administer a vaccine unless he or she acts under the direct
22supervision of a pharmacist health care provider authorized to administer vaccines
23and he or she and the supervising pharmacist have has successfully completed 12
24hours in a course of study and training, approved by the Accreditation Council for
25Pharmacy Education or the board, in vaccination storage, protocols, administration

1technique, emergency procedures, and record keeping and. If the supervising health
2care provider under this paragraph is a pharmacist, a person engaged in the practice
3of pharmacy under s. 450.03 (1) (f) or (g) may not administer a vaccine unless
the
4supervising pharmacist has successfully completed a course of study and training
5specified in sub. (2) and
has satisfied the requirements specified in sub. (2t).
AB4,3,8 6(b) A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g)
7may not administer a vaccine under this subsection to a person who is under the age
8of 6.
AB4,5 9Section 5. 450.035 (2h) of the statutes is created to read:
AB4,3,1110 450.035 (2h) (a) A person engaged in the practice of pharmacy under s. 450.03
11(1) (i) may not administer a vaccine unless all of the following are satisfied:
AB4,3,1512 1. The person has successfully completed at least 2 hours in a course of study
13and training, approved by the Accreditation Council for Pharmacy Education or the
14board, in hands-on injection technique and the recognition and treatment of
15emergency reactions to vaccines.
AB4,3,1816 2. The person acts under the direct supervision of a pharmacist and the
17supervising pharmacist has successfully completed a course of study and training
18specified in sub. (2) and has satisfied the requirements specified in sub. (2t).
AB4,3,2019 3. The person holds a current certification in basic life support or
20cardiopulmonary resuscitation.
AB4,3,2321 4. The person holds a certified pharmacy technician certification from either
22the Pharmacy Technician Certification Board, or its successor organization, or the
23National Healthcareer Association, or its successor organization.
AB4,3,2524 (b) A person engaged in the practice of pharmacy under s. 450.03 (1) (i) may not
25administer a vaccine under this subsection to a person who is under the age of 6.
AB4,6
1Section 6. 450.035 (2i) (a) of the statutes is amended to read:
AB4,4,72 450.035 (2i) (a) Subject to subs. (2) and, (2g), and (2h), a pharmacist or a person
3engaged in the practice of pharmacy under s. 450.03 (1) (f) or, (g), or (i) may
4administer without a prescription order any vaccine listed in the current
5immunization schedules recommended by the federal advisory committee on
6immunization practices and published by the federal centers for disease control and
7prevention.
AB4,7 8Section 7. 450.035 (2i) (b) of the statutes is amended to read:
AB4,4,159 450.035 (2i) (b) Subject to subs. (2) and, (2g), and (2h), a pharmacist or a person
10engaged in the practice of pharmacy under s. 450.03 (1) (f) or, (g), or (i) may initiate
11and administer any vaccine not listed in the current immunization schedules
12recommended by the federal advisory committee on immunization practices and
13published by the federal centers for disease control and prevention if the vaccine is
14administered pursuant to a prescription order, vaccination protocol, or standing
15order.
AB4,8 16Section 8. 450.035 (2m) of the statutes is amended to read:
AB4,4,1917 450.035 (2m) Except as provided in sub. (1t) or, (2g), or (2h), a pharmacist may
18not delegate to any person any administration of a prescribed drug product or device
19or vaccine under sub. (1r) or (2).
AB4,9 20Section 9. 450.035 (2t) (intro.) of the statutes is amended to read:
AB4,4,2321 450.035 (2t) (intro.) A pharmacist may not administer a vaccine under sub. (2)
22or supervise a person administering a vaccine under sub. (2g) or (2h) unless the
23pharmacist satisfies each of the following:
AB4,10 24Section 10. 450.035 (2t) (a) of the statutes is amended to read:
AB4,5,5
1450.035 (2t) (a) The pharmacist has in effect liability insurance that covers the
2pharmacist and a person who administers a vaccine under sub. (2g) or (2h) against
3loss, expense and liability resulting from errors, omissions or neglect in the
4administration of vaccines in an amount that is not less than $1,000,000 for each
5occurrence and $2,000,000 for all occurrences in any one policy year.
AB4,11 6Section 11. 450.035 (3) of the statutes is amended to read:
AB4,5,117 450.035 (3) A pharmacist or a person engaged in the practice of pharmacy
8under s. 450.03 (1) (f) or, (g) , or (i) who successfully completes a course of study and
9training specified in sub. (1r), (1t), (2), or (2g), or (2h), or holds a certification under
10sub. (2h),
shall maintain proof of completion or holding the certification and, upon
11request, provide copies of such proof to the department or the board.
AB4,12 12Section 12. 450.035 (4) of the statutes is amended to read:
AB4,5,1713 450.035 (4) A pharmacist or person engaged in the practice of pharmacy under
14s. 450.03 (1) (f) or, (g), or (i) who administers a vaccine to a person under this section
15shall update, or cause a pharmacy to update, the Wisconsin Immunization Registry
16established by the department of health services within 7 days of administering the
17vaccine.
AB4,5,1818 (End)
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