STATE OF WISCONSIN
Pharmacy Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
PHARMACY EXAMINING BOARD
ORDER OF THE PHARMACY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 15-081)
ORDER
An order of the Pharmacy Examining Board to amend Phar 5.01(1) and (3) and 5.04; to repeal and recreate Phar 5.05; and to create Phar 5.06 relating to renewal and reinstatement.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
The Pharmacy Examining Board shall promulgate rules for its own guidance and for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to pharmacy.
The Pharmacy Examining Board may promulgate rules requiring the holder of a license who fails to renew the license within 5 years after its renewal date to complete requirements in order to restore the license, in addition to the applicable requirements for renewal established in chapter 450, that the examining board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial license from the examining board. s. 440.08 (3) (b) The board may promulgate rules necessary for the administration and enforcement of this chapter and ch. 961. s. 450.02 (3) (d) Related statute or rule: n/a
Plain language analysis:
Sections 1 and 2 add home medical oxygen providers which are new license under the board’s jurisdiction pursuant to 2015 Act 3. It also updates the rule to reflect there is a process for determining the renewal fee instead of the amount being listed in the statute. Section 3 removes the unnecessary sentence stating a person who has a license reinstated may renew his or her license.
Section 4 indicates that a person with an expired license may not apply for a new license. Once a person has a license, the person either renews or reinstates a license rather than using an initial licensing process. Renewal within a 5 year period requires a renewal fee and a late fee if it is past the expiration date, and certify the completion of 30 hours of continuing education. If the renewal is after 5 years but no more than 10 years and the person has not been practicing 2000 hours in the last 24 months, the person is required to pay the renewal fee and late fee, pass the jurisprudence exam, compete 160 hours of internship for each year the license has been expired, with a cap of 1000 hours, and complete 15 hours of continuing education for each year the license has been expired or pass the NAPLEX (national pharmacy exam) with the last 2 years. If the renewal is more than 10 years and the person has not been practicing 2000 hours in the last 24 months, the person is required to pay the renewal fee and late fee, pass the jurisprudence exam, complete 1000 hours of internship and pass the NAPLEX.
Section 5 provides the requirements for reinstating a license which has not been renewed for more than 5 years with unmet disciplinary action requirements or a license which has been surrendered or revoked. A person applying for reinstatement shall provide evidence of completing any disciplinary requirements and provide evidence of rehabilitation or change in circumstances which would warrant a license to be reinstated. In addition, if the license has not been active within the last 5 years the requirements necessary for renewal after 5 years would need to be met.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: If a license is expired for more than 5 years and the licensee has not been practicing in another state during this time, a licensee shall submit proof of completion of 30 hours of continuing education and either 600 hours of clinical practice under the supervision of a licensed pharmacist completed within 2 years prior to renewal or the successful completion of the Pharmacist Assessment for Remediation Evaluation. To be successful on the Pharmacist Assessment for Remediation Evaluation, the person must receive an overall score of 80 or higher, as well as a minimum score of 75 in each of the 3 content areas on the examination.
Iowa: If a license has been inactive for more than 5 years and the licensee has not been practicing in another state, the licensee shall do one or more of the following: (a) Successfully pass all components of the licensure examination required for initial licensure; (b) Complete 160 hours of internship for each year the pharmacist was on inactive status, not to exceed 1,000 hours; (c) Obtain one and one-half times the number of continuing education credits required for each renewal period the pharmacist was inactive; (d) Complete a Continuing Professional Development portfolio identifying minimum of 45 learning outcomes for each renewal period the pharmacist was inactive.
Michigan: If a license has been expired for at least 3 years but not more than 8 years, a licensee shall complete 30 hours of continuing education within the 2 years preceding the application for renewal; pass the jurisprudence examination and complete within 6 months of renewal, not less than 200 clock hours under the personal charge of a currently licensed pharmacist. Practical pharmacy experience shall include: pharmacy administration and management; drug distribution, use and control; legal requirements; providing health information services and advising patients; pharmacist’s ethical and professional responsibilities; and drug and product information. If a license has lapsed for at least 8 years, the licensee shall complete 30 hours of continuing education within the 2 years preceding the application for renewal; pass the jurisprudence examination; complete within 6 months of renewal not less than 400 clock hours under the personal charge of a currently licensed pharmacist; and pass the NAPLEX. The person may be granted a temporary, nonrenewable license to complete the practical experience.
Minnesota: If a license is lapsed more than 2 years and the licensee is not practicing in another state, the licensee shall complete one of the following set of requirements: Payment of back renewal fees and penalty fees up to a maximum of $1,000; complete at least 60 hours of continuing education within the last two years; pass the jurisprudence exam; pass the NAPLEX; and complete of 400 hours of work as a pharmacist intern OR pass the jurisprudence exam, pass the NAPLEX; and complete 1,600 hours as a pharmacist intern.
