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6. A statement indicating whether the person has been, during the 7-year
4period immediately preceding the date of the application, enjoined by a court, either
5temporarily or permanently, from possessing, controlling, or distributing any
6prescription drug, and a description of the circumstances surrounding the
7injunction.
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7. A description of any involvement by the person during the past 7 years with
9any business, including investments other than the ownership of stock in a publicly
10traded company or mutual fund, that manufactured, administered, prescribed,
11distributed, or stored pharmaceutical products or drugs, and a list of any lawsuits
12in which such a business was named as a party.
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8. A description of any misdemeanor or felony criminal offense of which the
14person was, as an adult, found guilty, whether adjudication of guilt was withheld or
15the person pleaded guilty or no contest. If the person is appealing a criminal
16conviction, the application shall include a copy of the notice of appeal, and the person
17shall submit a copy of the final disposition of the appeal not more than 15 days after
18a final disposition is reached.
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9. A photograph of the person taken within the 12-month period immediately
20preceding the date of the application.
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(k) A statement that each facility used by the applicant for 3rd-party logistics
22provider services has been inspected in the 3-year period immediately preceding the
23date of the application by the board, a pharmacy examining board of another state,
24the National Association of Boards of Pharmacy, or another accrediting body
25recognized by the board, with the date of each such inspection.
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1(3) Licensure. The board shall grant a license to an applicant to act as a
23rd-party logistics provider or an out-of-state 3rd-party logistics provider if all of
3the following apply:
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(a) The applicant pays the fee specified in s. 440.05 (1).
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(b) The inspections conducted pursuant to sub. (2) (k) satisfy requirements
6adopted by the board for 3rd-party logistics providers or out-of-state 3rd-party
7logistics providers.
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(c) All of the following apply to each person identified by the applicant as a
9designated representative:
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1. The person is at least 21 years old.
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2. The person has been employed full time for at least 3 years in a pharmacy
12or with a wholesale prescription drug distributor in a capacity related to the
13dispensing of and distribution of, and record keeping related to, prescription drugs.
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3. The person is employed by the applicant full time in a managerial position.
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4. The person is physically present at the 3rd-party logistics provider's or
16out-of-state 3rd-party logistics provider's facility during regular business hours
17and is involved in and aware of the daily operation of the 3rd-party logistics provider
18or the out-of-state 3rd-party logistics provider. This subdivision does not preclude
19the person from taking authorized sick leave and vacation time or from being absent
20from the facility for other authorized business or personal purposes.
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5. The person is actively involved in and aware of the daily operation of the
223rd-party logistics provider or the out-of-state 3rd-party logistics provider.
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6. The person is a designated representative for only one applicant at any given
24time. This subdivision does not apply if more than one 3rd-party logistics provider
25or out-of-state 3rd-party logistics provider is located at the facility and the
13rd-party logistics providers or out-of-state 3rd-party logistics providers located at
2the facility are members of an affiliated group.
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7. The person has not been convicted of violating any federal, state, or local law
4relating to distribution of a controlled substance.
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8. The person has not been convicted of a felony.
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9. The person submits to the department 2 fingerprint cards, each bearing a
7complete set of the applicant's fingerprints. The department of justice shall provide
8for the submission of the fingerprint cards to the federal bureau of investigation for
9purposes of verifying the identity of the person and obtaining the person's criminal
10arrest and conviction record.
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(d) The applicant satisfies any other requirements established by the board by
12rule.
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13(4) Rules. The board shall promulgate rules implementing this section. The
14rules shall ensure compliance with the federal drug supply chain security act,
21
15USC 360eee, et seq. The board may not promulgate rules that impose requirements
16more strict than the federal drug supply chain security act, or any regulations passed
17under the federal drug supply chain security act. The board may not promulgate
18rules that require a license under this section.
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19(5) Access to records. Applications for licensure under this section are not
20subject to inspection or copying under s. 19.35, and may not be disclosed to any
21person except as necessary for compliance with and enforcement of the provisions of
22this chapter.
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23(6) Applicability. This section does not apply if the board determines that the
24federal food and drug administration has established a licensing program for
253rd-party logistics providers under
21 USC 360eee-3 and that licensing by this state
1of resident 3rd-party logistics providers is not required for a resident 3rd-party
2logistics provider to provide 3rd-party logistics provider services in another state.
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3Section 79
. 450.11 (5) (br) 2. d. of the statutes is amended to read:
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450.11
(5) (br) 2. d. A pharmacist may not extend a prescription order under
5subd. 1. for a particular patient if a prescription order was previously extended under
6subd. 1. for that patient during the
applicable period described in subd. 3.
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7Section 80
. 450.11 (5) (br) 3. of the statutes is renumbered 450.11 (5) (br) 3.
8(intro.) and amended to read:
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450.11
(5) (br) 3. (intro.) This paragraph applies only
during as follows:
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10a. During the public health emergency declared on March 12, 2020, by
11executive order 72, and for 30 days after the conclusion of that public health
12emergency.
During that time,
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134. While this paragraph
applies as specified in subd. 3., it supersedes par. (bm)
14to the extent of any conflict.
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15Section 81
. 450.11 (5) (br) 3. b. of the statutes is created to read: