Chapter Phar 18

Chapter Phar 18

THIRD-PARTY LOGISTICS PROVIDERS

Phar 18.01   Authority and applicability.

Phar 18.02   Definitions.

Phar 18.03   Licensure, renewal, and reinstatement.

Phar 18.04   Inspections.

Phar 18.05   Responsible persons.

Phar 18.06   Facility and storage requirements.

Phar 18.07   Security requirements.

Phar 18.08   Compliance.

Phar 18.01 Phar 18.01 Authority and applicability.

Phar 18.01(1) (1) The rules in this chapter are adopted pursuant to the authority delegated by ss. 15.08 (5) (b), 450.02 (3), and 450.075 (4), Stats.

Phar 18.01(2) (2) Pursuant to s. 450.075 (7) (b), Stats., the rules in this chapter only apply if the Pharmacy Examining Board makes a determination on a biennial basis, that continued licensure by this state of third-party logistics providers is required.

Phar 18.01 History History: CR 23-031: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (2) made under s. 35.17, Stats., Register June 2024 No. 822.

Phar 18.02 Phar 18.02 Definitions. In this chapter:

Phar 18.02(1) (1) “Designated representative” means an individual who functions on behalf of a third-party logistics provider or an out-of-state third-party logistic provider as specified in s. Phar 18.05.

Phar 18.02(2) (2) “Facility” has the meaning given in s. 450.01 (11m), Stats.

Phar 18.02(3) (3) “Out-of-state third-party logistics provider” has the meaning given s. 450.01 (13w), Stats.

Phar 18.02(4) (4) “Third-party logistics provider” has the meaning given in s. 450.01 (21s), Stats.

Phar 18.02 History History: CR 23-031: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (1) made under s. 35.17, Stats., Register June 2024 No. 822.

Phar 18.03 Phar 18.03 Licensure, renewal, and reinstatement.

Phar 18.03(1) (1) License allowed. A person acting as a third-party logistics provider or an out-of-state third-party logistics provider of any drug or device may apply to obtain a license from the board.

Phar 18.03(2) (2) Licensure. Except as provided under sub. (4), the board shall grant a license to operate as a third-party logistics provider, or out-of-state third-party logistics provider, to any applicant that satisfies all of the following requirements, as determined by the board:

Phar 18.03(2)(a) (a) Submits a completed application form.

Phar 18.03 Note Note: Application forms are available from the department of safety and professional services’ website at http://dsps.wi.gov.

Phar 18.03(2)(b) (b) Pays the fee specified in s. 440.05, Stats.

Phar 18.03(2)(c) (c) Submits all of the following information relating to a designated representative:

Phar 18.03(2)(c)1. 1. Name, address, and telephone number.

Phar 18.03(2)(c)2. 2. Date and place of birth.

Phar 18.03(2)(c)3. 3. A photograph of the person taken within the 12-month period immediately preceding the date of the application.

Phar 18.03(2)(c)4. 4. A personal information statement that includes all of the following for the 7-year period immediately preceding the application:

Phar 18.03(2)(c)4.a. a. Place of residence.

Phar 18.03(2)(c)4.b. b. Occupations, positions of employment, and offices held.

Phar 18.03(2)(c)4.c. c. The name and addresses for each business, corporation, or entity listed in subd. 4. b.

Phar 18.03(2)(c)4.d. d. Whether the person has been the subject of any proceeding for the revocation of any business or professional licensure and the disposition of that proceeding.

Phar 18.03(2)(c)4.e. e. Whether the person has been enjoined by a court, either temporarily or permanently, from possessing, controlling, or distributing any prescription drug, and a description of the circumstances surrounding the injunction.

Phar 18.03(2)(c)4.f. f. A description of any involvement with any business, including investments other than the ownership of stock in a publicly traded company or mutual fund, that manufactured, administered, prescribed, distributed, or stored pharmaceutical products or drugs, and list of any lawsuits in which such a business was named as a party.

Phar 18.03(2)(c)5. 5. A description of any misdemeanor or felony criminal offense of which the person was, as an adult, found guilty, whether adjudication of guilt was withheld, or the person pleaded guilty or no contest. If the person is appealing a criminal conviction, the application shall include a copy of the notice of appeal, and the person shall submit a copy of the final disposition of the appeal not more than 15 days after a final disposition is reached.

Phar 18.03(2)(c)6. 6. Verification that the requirements in s. Phar 18.05 (1) have been met.

Phar 18.03(2)(c)7. 7. A statement that each facility used by the applicant for third-party logistics provider services has been inspected in the 3-year period immediately preceding the date of the application by the board, a pharmacy examining board of another state, the National Association of Boards of Pharmacy, or another accrediting body recognized by the board, with the date of each such inspection.

Phar 18.03(2)(d) (d) Subject to ss. 111.321, 111.322, and 111.335, Stats., the applicant does not have an arrest or conviction record.

Phar 18.03(2m) (2m) Multiple facilities. Where operations are conducted at more than one facility, a person acting as a third-party logistics provider or out-of-state logistics provider may apply for a license for each such facility.

Phar 18.03(3) (3) Renewal.

Phar 18.03(3)(a) (a) Each licensee may elect to renew biennially. Renewal is required to maintain a license issued under this chapter. The renewal date and fee are specified by s. 440.08 (2), Stats.

Phar 18.03(3)(b) (b) Every even-numbered year, each licensee shall complete a renewal application and return it with the required fee prior to July 1 of that year.

Phar 18.03 Note Note: Instructions for renewal applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

Phar 18.03(4) (4) Reinstatement. A licensee who has unmet disciplinary requirements and failed to renew the license within 5 years or whose license has been surrendered or revoked may apply to have the license reinstated in accordance with all of the following:

Phar 18.03(4)(a) (a) Evidence of completion of the requirements in sub. (2) if the license has not been active within 5 years.

Phar 18.03(4)(b) (b) Evidence of completion of disciplinary requirements, if applicable.

Phar 18.03(4)(c) (c) Evidence of rehabilitation or change in circumstances warranting reinstatement.

Phar 18.03 History History: CR 23-031: cr. Register June 2024 No. 822, eff. 7-1-24; s. 35.17 correction in (2) (intro.), (c) 4. c., 6., (4) (a) made under s. 35.17, Stats., renum. (2m) from (2) (e) under s. 13.92 (4) (b) 1., Stats., and create (2m) (title) under s. 13.92 (4) (b) 2., Stats., Register June 2024 No. 822.

Phar 18.04 Phar 18.04 Inspections. Pursuant to s. 450.075 (6), Stats., a third-party logistics provider or out-of-state third-party logistics provider regardless of licensure status shall permit the board or its authorized representatives and authorized federal, state, and local law enforcement officials to enter and inspect their premises and delivery vehicles, and to audit their records and written operating procedures, at reasonable times and in a reasonable manner, to the extent authorized by law. Such officials shall be required to show appropriate identification prior to being permitted access to the third-party logistics provider or out-of-state third-party logistics provider’s premises and delivery vehicles.

Phar 18.04 History History: CR 23-031: cr. Register June 2024 No. 822, eff. 7-1-24; correction made under s. 35.17, Stats., Register June 2024.

Phar 18.05 Phar 18.05 Responsible persons.

Phar 18.05(1) (1) Designated representative. The individual acting as the designated representative for a third-party logistics provider or an out-of-state third-party logistics provider shall meet all of the following requirements:

Phar 18.05(1)(a) (a) Is at least 21 years old.

Phar 18.05(1)(b) (b) Has been employed full-time for at least three years in a pharmacy or with a wholesale prescription drug distributor in a capacity related to the dispensing of and distribution of, and recordkeeping related to, prescription drugs.

Phar 18.05(1)(c) (c) Is employed full-time in a managerial position.

Phar 18.05(1)(d) (d) Is physically present at the third-party logistics provider’s or out-of-state third-party logistics provider’s facility during regular business hours. This paragraph does not preclude the person from taking authorized sick leave and vacation time or from being absent from the facility for other authorized business or personal purposes.

Phar 18.05(1)(e) (e) Is actively involved in and aware of the daily operation of the third-party logistics provider or the out-of-state third-party logistics provider.

Phar 18.05(1)(f) (f) Is a designated representative for only one applicant at any given time. This paragraph does not apply if more than one third-party logistics provider or out-of-state third-party logistics provider is located at the facility and the third-party logistics provider or out-of-state third-party logistics providers located at the facility are members of an affiliated group.

Phar 18.05(1)(g) (g) Has not been convicted of violating any federal, state, or local law relating to distribution of a controlled substance.

Phar 18.05(1)(h) (h) Has not been convicted of a felony.

Phar 18.05(1)(i) (i) Submits to the department 2 fingerprint cards, each bearing a complete set of the person’s fingerprints. The department of justice shall provide for the submission of the fingerprint cards to the federal bureau of investigation for purposes of verifying the identity of the person and obtaining the person’s criminal arrest and conviction record.

Phar 18.05(2) (2) Officers, directors and managers. A third-party logistics provider or out-of-state third-party logistics provider licensed under this chapter shall maintain a list of officers, directors, and managers, including a description of their duties and a summary of their qualifications.

Phar 18.05 History History: CR 23-031: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (1) (d), (f) made under s. 13.92 (4) (b) 7., Stats., Register June 2024 No. 822.

Phar 18.06 Phar 18.06 Facility and storage requirements. All facilities licensed as third-party logistics providers or out-of-state third-party logistics providers shall:

Phar 18.06(1) (1) Maintain access to warehouse space of suitable size to facilitate safe operations, including a suitable area to quarantine suspect product.

Phar 18.06(2) (2) Have written policies and procedures to:

Phar 18.06(2)(a) (a) Address receipt, security, storage, inventory, shipment, and distribution of a product.

Phar 18.06(2)(b) (b) Identify, record, and report confirmed losses or thefts.

Phar 18.06(2)(c) (c) Correct errors and inaccuracies in inventories.

Phar 18.06(2)(d) (d) Provide support for manufacturer recalls.

Phar 18.06(2)(e) (e) Prepare for, protect against, and address any reasonably foreseeable crisis that affects security or operation at the facility, such as a strike, fire, or flood.