LRB-1823/1
MED:skw
2021 - 2022 LEGISLATURE
April 20, 2021 - Introduced by Representatives Horlacher, Bowen, Brooks,
Cabral-Guevara, Dittrich, Duchow, Gundrum, Hong, Magnafici, Moses,
Murphy, Rozar, Schraa, Skowronski, Subeck and Wichgers, cosponsored by
Senators Bernier, Ringhand and Testin. Referred to Committee on Health.
AB281,1,12
1An Act to renumber and amend 450.02 (2);
to amend 146.81 (1) (fm), 146.997
2(1) (d) 8., 450.01 (16) (g), 450.01 (21e) (a), 450.02 (3) (f), 450.03 (1) (e), 450.03 (1)
3(i), 450.035 (2h), 450.035 (2i) (a) and (b), 450.035 (3), 450.035 (4), 450.062
4(intro.), 450.08 (1), 450.08 (2) (b), 450.10 (1) (a) 1., 450.10 (1) (a) 2., 450.10 (1)
5(a) 3., 450.10 (1) (a) 6., 450.10 (1) (b) (intro.), 450.10 (1) (b) 3., 450.10 (2), 450.10
6(3) (a) 1., 450.11 (1b) (bm), 450.11 (1b) (d), 450.11 (1b) (e) 2., 450.11 (3), 450.11
7(7) (d), 450.11 (8) (a) and 450.17;
to repeal and recreate 146.89 (1) (r) 4. and
8450.08 (title); and
to create 440.03 (13) (b) 48m., 440.08 (2) (a) 56m., 450.01
9(15g), 450.01 (16c), 450.02 (2) (b), 450.03 (1) (gm) and 450.068 of the statutes;
10relating to: registration of pharmacy technicians, extending the time limit for
11emergency rule procedures, providing an exemption from emergency rule
12procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, no person may engage in the
practice of pharmacy unless the person is licensed as a pharmacist by the Pharmacy
Examining Board. One such exception is for a person who is providing services as
directed, supervised, and inspected by a pharmacist who has the power to direct,
decide, and oversee the implementation of the services rendered, subject to any rules
promulgated by the board. Current rules of the board govern the practice of
pharmacy technicians, which are defined as non-pharmacists or non-pharmacist
interns who, under the general supervision of a pharmacist who regularly
coordinates, directs, and inspects the activities of the pharmacy technician, assist
the pharmacist in the technical and nonjudgmental functions related to the practice
of pharmacy in the processing of prescription orders and inventory management.
The rules regulate the activities of pharmacy technicians, but pharmacy technicians
are not, under current law, required to be credentialed by the board in order to
practice.
This bill instead requires pharmacy technicians to be registered by the board
and prohibits any person from engaging in the practice of a pharmacy technician, as
defined by the board, or using the title “pharmacy technician” or “pharmacy tech”
unless the person is registered as a pharmacy technician by the board. Registration
requires submission of an application listing the applicant's employer, if any, and
address, and a fee, and requires that the applicant have graduated high school or an
equivalency or be enrolled in a pharmacy technician youth apprenticeship program.
The bill allows a person who has applied for a pharmacy technician registration to
practice as a pharmacy technician under the direct supervision of a pharmacist
during the period before the board takes final action on the person's application.
Pharmacy technicians are required under the bill to notify the board of any home
address or employer changes.
The bill requires the board to promulgate rules to define the activities that
constitute the practice of a pharmacy technician for purposes of the registration
requirement.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB281,1
1Section
1. 146.81 (1) (fm) of the statutes is amended to read:
AB281,2,32
146.81
(1) (fm) A pharmacist
or pharmacy technician licensed
or registered 3under ch. 450.
AB281,2
4Section
2. 146.89 (1) (r) 4. of the statutes is repealed and recreated to read:
AB281,2,55
146.89
(1) (r) 4. Registered as a pharmacy technician under ch. 450.