MED:amn
2019 - 2020 LEGISLATURE
2019 Assembly BILL 847
February 3, 2020 - Introduced by Representatives Horlacher, Born, Brostoff, L.
Myers
, Skowronski, Subeck, Tittl and Tusler, cosponsored by Senators
Bernier and Olsen. Referred to Committee on Health.
AB847,1,11 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), 450.062 (intro.), 450.08 (1), 450.08 (2) (b), 450.10 (1) (a) 1., 450.10 (1) (a) 2.,
4450.10 (1) (a) 3., 450.10 (1) (a) 6., 450.10 (1) (b) (intro.), 450.10 (1) (b) 3., 450.10
5(2), 450.10 (3) (a) 1., 450.11 (1b) (bm), 450.11 (1b) (d), 450.11 (1b) (e) 2., 450.11
6(3), 450.11 (7) (d), 450.11 (8) (a) and 450.17; to repeal and recreate 146.89 (1)
7(r) 4. and 450.08 (title); and to create 440.03 (13) (b) 48m., 440.08 (2) (a) 56m.,
8450.01 (15g), 450.02 (2) (b), 450.03 (1) (gm) and 450.068 of the statutes;
9relating to: registration of pharmacy technicians, extending the time limit for
10emergency rule procedures, providing an exemption from emergency rule
11procedures, and requiring the exercise of 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 practicing as 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 “pharmacy technician”
and the activities that constitute the practices 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:
AB847,1 1Section 1. 146.81 (1) (fm) of the statutes is amended to read:
AB847,2,32 146.81 (1) (fm) A pharmacist or pharmacy technician licensed or registered
3under ch. 450.
AB847,2 4Section 2. 146.89 (1) (r) 4. of the statutes is repealed and recreated to read:
AB847,2,55 146.89 (1) (r) 4. Registered as a pharmacy technician under ch. 450.
AB847,3 6Section 3. 146.997 (1) (d) 8. of the statutes is amended to read:
AB847,3,2
1146.997 (1) (d) 8. A pharmacist or pharmacy technician licensed or registered
2under ch. 450.
AB847,4 3Section 4. 440.03 (13) (b) 48m. of the statutes is created to read:
AB847,3,44 440.03 (13) (b) 48m. Pharmacy technician.
AB847,5 5Section 5. 440.08 (2) (a) 56m. of the statutes is created to read: