Wyoming Scorecard

Grading Scale:
A – 85-100%, B – 70-84.9%, C – 55-69.9%, D – 40-54.9%, F – 0-39.9%

Grading Categories & Criteria

Title 33, Chapter 24, Wyoming Pharmacy Act July 2018:

ARTICLE 3 – PHARMACY TECHNICIANS

33-24-301. Pharmacy technicians; licensing; definitions; revocation or suspension of license; letter of admonition; information required for background checks.

(a) This section shall be known as the “Wyoming Pharmacy Technician Act.”

(b) As used in this section:

(i) “Direct supervision” means that a licensed pharmacist shall be physically present and capable of observing the actions of a pharmacy technician;

(ii) “Pharmacy functions” means those functions performed in a pharmacy department which do not require the professional judgment of a licensed pharmacist;

(iii) “Pharmacy technician” means an individual other than an intern, who performs pharmacy functions under the direct supervision of a licensed pharmacist.

(c) A pharmacy technician shall not perform pharmacy functions unless under the direct supervision of a licensed pharmacist.

(d) A licensed pharmacist shall be jointly responsible and liable for the actions of a pharmacy technician when direct supervision is required.

(e) A pharmacy technician shall register and pay a fee to be licensed by the board before performing any pharmacy functions. The applicant shall provide relevant information pertaining to criminal, substance abuse, professional liability and licensure or certification history. A pharmacy technician license shall be renewed annually upon payment of the required renewal fee and upon providing information required.

(f) The board may issue a letter of admonition or suspend or revoke a pharmacy technician’s license or the board may assess an administrative penalty against that person not to exceed one thousand dollars ($1,000.00) for each violation for any:

(i) Willful violation of any provision of this chapter or the Wyoming Controlled Substances Act of 1971, or any amendments thereto;

(ii) Willful violation of any rule or regulation promulgated in accordance with this chapter or the Wyoming Controlled Substances Act of 1971;

(iii) Action which threatens the public health, safety or welfare;

(iv) Conviction of a felony or misdemeanor that relates to the practice of pharmacy or to the ability to practice as a pharmacy technician; or

(v) Knowing submission of false or misleading information to the board in the application for a license or renewal of a license.

(g) The board shall promulgate reasonable rules and regulations necessary to carry out the purposes of this section including, but not limited to:

(i) Qualifications, education and training required of pharmacy technicians;

(ii) Functions and services which may be performed by pharmacy technicians; and

(iii) Requirements for direct supervision by licensed pharmacists.

(h) An applicant for a pharmacy technician license or a pharmacy technician-in-training permit shall provide the board with fingerprints, fees and other information necessary for a criminal history record background check as authorized by W.S.

7-19-201. The board may delay issuance of a license or permit pending the receipt of the information from the applicant’s background check.

State of Wyoming Pharmacy Act Rules and Regulations

PHARMACY TECHNICIAN REGULATIONS

CHAPTER 10

Section 1. Authority.

These rules are promulgated as authorized by the Wyoming Pharmacy Act W.S. § 33-24-101 through -301.

Section 2. Purpose.

To regulate the practice of pharmacy technicians.

Section 3. Scope.

Applies to all applicants.

Section 4. Definitions.

(a) “Pharmacy Technician” means an individual, other than an intern, who performs pharmacy functions under the direct supervision of a licensed pharmacist.

(b) “Pharmacy Technician-in-Training” means an individual who is registered with the Board to receive on-the-job training in preparation for licensure as a pharmacy technician.

Section 5. Qualifications and Requirements for Pharmacy Technicians and Pharmacy Technicians-in-Training.

(a) Be at least 18 years of age;

(b) Complete a background check through the Wyoming Division of Criminal Investigation (DCI);

(c) Have no history of drug abuse or provide satisfactory evidence of rehabilitation;

(d) Hold a high school diploma or its equivalent;

(e) Have completed requirements for registration;

(f) Wear a name badge with the appropriate designation “Pharmacy Technician” or “Pharmacy Technician-in-Training” at all times when in or near the pharmacy area; and

(g) Identify themselves as the appropriate level of technician in all telephone conversations while on duty.

Section 6. Pharmacy Technician-in-Training Registration; Length of Registration Period; Training; Place of Employment; Change of Employment.

(a) A pharmacy technician-in-training shall apply to the Board for a training permit on an application supplied by the Board and shall pay the fee required before starting on-the- job training. This permit shall be valid for two years from the date of original issuance. It shall not be renewed. The sponsoring pharmacy shall be printed on the technician-in-training permit. A change in sponsoring pharmacy requires immediate submission of a transfer form;

(b) A pharmacy technician-in-training may perform pharmacy functions commensurate with his/her ability to perform those tasks as identified in this Chapter, and then only to the extent allowed by the pharmacist-in-charge (PIC). The pharmacy technician-in- training is considered a trainee. The supervising pharmacist shall not allow the pharmacy technician-in-training to perform any pharmacy function for which the individual has not demonstrated competency; and

(c) A pharmacy technician-in-training may perform pharmacy functions only at the pharmacy location specified on the permit.

Section 7. Pharmacy Functions for Technicians-in-Training.

(a) The following are those pharmacy functions a registered pharmacy technician-in-training may perform under the direct supervision of a licensed pharmacist:

(i) Retail Pharmacy.

(A) Prescription preparation – retrieving the product from stock, counting, pouring, reconstituting, placing product in a prescription container, and affixing the label;

(B) Prescription input – making computer entries for new or refill prescriptions;

(C) Prescription refill authorizations – contacting the practitioner’s office and obtaining refill authorizations for any prescription provided there are no changes; and

(D) Restocking emergency drug supply – restocking drugs for those sites where the pharmacy as an emergency drug permit.

(ii) Institutional Pharmacy.

(A) Distributive functions – stocking automated drug dispensing units, floor stock, crash carts, after-hour drug cabinets, sterile solutions and unit dose cart preparation;

(B) Repackaging unit dose and/or unit of issue packaging;

(C) Inspections – conducting inspections; and

(D) Input practitioner medication orders.

Section 8. Pharmacy Technician Registration; Fees; Licenses.

(a) Individuals shall apply for pharmacy technician licensure by completing an application supplied by the Board, providing evidence of current certification by the Pharmacy Technician Certification Board (PTCB) or National Healthcareer Association (ExCPT) and paying the required fee. The Board reserves the right to require an interview of the applicant prior to a pharmacy technician license being issued;

(b) A pharmacy technician must apply to renew his/her license each year on or before December 31 and submit payment of the required renewal fee. The Board shall assess a late payment fee for any renewal application postmarked or filed after December 31.

(c) If the pharmacy technician fails to renew before December 31, the license expires ten (10) days after a written notice to renew is sent to the holder by certified mail, to the address last recorded for the licensee. An expired license may be restored by the Board upon compliance with this section no later than March 31 following expiration of the license. A pharmacy technician shall not practice in this state with an expired technician license;

(d) A pharmacy technician may petition the Board for reinstatement of an expired license. To be considered for reinstatement, the pharmacy technician must submit the following:

(i) A letter requesting reinstatement;

(ii) Payment of annual fees, including late payment fees, for those years which the license was expired up to a maximum of five years;

(iii) Evidence of current certification by the PTCB or EXCPT; and (iv) Proof of continuing pharmacy education for those years the license was expired, up to a maximum of five (5) years.

(e) A pharmacy technician who fails to obtain the required number of continuing education credits may be issued an “inactive” license. A pharmacy technician may not practice in Wyoming with an “inactive” license. An “inactive” license may be converted to “active” status by providing the necessary hours of continuing education credits for those years the license has been “inactive” to a maximum of five (5) years; and

(f) If change of employment or mailing address occurs, the Board shall be notified within 30 days of date of change by the pharmacy technician.

Section 9. Reinstatement of a Revoked or Suspended Pharmacy Technician License.

(a) A pharmacy technician whose license has been revoked or suspended by the Board may file an application, on a form supplied by the Board, requesting a hearing to present evidence to show why the license should be reinstated subject to the following:

(i) A pharmacy technician whose license was revoked by the Board may not file an application requesting a hearing until thirty-six (36) months have elapsed from the date the order revoking the pharmacy technician license became final;

(ii) A pharmacy technician whose license was suspended by the Board may not file an application requesting a hearing until one-half (1/2) of the suspension so ordered by the Board has elapsed;

(iii) A pharmacy technician shall submit an application fee of one hundred twenty five dollars ($125.00) and pay for the cost of the hearing, if the Board issues an order denying reinstatement. The application fee is nonrefundable;

(iv) The applicant must complete all questions and provide all information requested on the application;

(v) An incomplete application and the accompanying fee will be returned and a hearing date will not be set by the Board; and

(vi) In the application, the pharmacy technician shall authorize any health professional who has examined or treated the applicant to disclose a diagnosis and the reasons for it to the Board and the Board staff.

(b) Applications received by the Board will be reviewed by the Executive Director. The Executive Director shall:

(i) Review the application for completeness. If information or attachments are missing, the application and fee will be returned to the applicant with a letter stating the reason(s) for the rejection; and

(ii) If the application is complete, the Executive Director, in consultation with a Compliance Officer, a member of the Board and the Board’s Prosecuting Attorney shall make a decision if the evidence submitted supports reinstatement. The Executive Director will notify the applicant whether the Board staff will support or oppose the request for reinstatement. If not, a hearing for reinstatement shall be scheduled by the Executive Director, if requested by the applicant.

(c) The Executive Director may require the applicant to submit to an examination by a health professional chosen by Board staff. The health professional shall report on the examination to Board staff and may testify at a hearing on reinstatement. Cost for the examination shall be the responsibility of the applicant.

(d) To be reinstated, a pharmacy technician must prove that he or she has been rehabilitated so that further violation of Wyoming Statutes and Board rules is not likely to occur, and that he or she is competent to function as a pharmacy technician. The Board, as a condition to establish competency, may require successful completion of the PTCB Pharmacy Technician Certification Examination (PTCE) or ExCPT.

Section 10. Pharmacy Functions for Pharmacy Technicians.

(a) A pharmacy technician may perform the pharmacy functions previously mentioned in this chapter for technicians-in-training, as well as the following:

(i) Compounding – The prescription order shall be reviewed by a pharmacist. The PIC shall certify competency of the pharmacy technician prior to allowing a pharmacy technician to assist the pharmacist in compounding, and annually thereafter. Documentation of the competency shall remain on file at the pharmacy and be available for inspection by the Board for each pharmacy technician, and shall include, but not be limited to, documentation of the following skills:

(A) Knowledge and understanding of FDA’s Good Manufacturing Practices;

(B) Weights and measures;

(C) Calculations;

(D) Use of torsion balance or electronic scales;

(E) Knowledge of various techniques utilized to compound products;

(F) Labeling requirements;

(G) Aseptic technique;

(H) Use and maintenance of laminar and/or vertical flow air hood;

(I) Knowledge in handling chemotherapeutic agents;

(J) Dating requirements; and

(K) Record keeping requirements.

(ii) Transfer prescriptions electronically or via facsimile to another pharmacy with consent of the supervising pharmacist.

Section 11. Pharmacy Functions Not Permitted for all Technician Levels.

(a) No pharmacy technician or pharmacy technician-in-training shall:

(i) Receive a new prescription order verbally from a prescriber or other person authorized by law;

(ii) Perform evaluations an interpretations or a prescription and obtain any needed clinical clarifications prior to filling;

(iii) Review an analyze any clinical data in a patient’s medication record;

(iv) Perform professional consultation with any prescriber, nurse, other health care professional or any patient/customer;

(v) Make the offer to counsel; and

(vi) Counsel.

Section 12. Pharmacy Technician or Pharmacy Technician-in-Training Pharmacy Functions When a Pharmacist is Absent.

(a) When no pharmacist is in the pharmacy, but at least one supervising pharmacist remains in the building, the pharmacy technician or pharmacy technician-in-training may perform functions as outlined in this Chapter, provided no prescription product leaves the pharmacy until the pharmacist returns and authorizes the release;

(b) When no supervising pharmacist is in the building, a retail pharmacy may not remain open, and staff may not remain in the pharmacy;

(c) An institutional pharmacy may not remain open. A pharmacy technician or pharmacy technician-in-training may remain in the pharmacy, but may not perform pharmacy functions. If a drug needs to be removed from the pharmacy, those procedures as outlined in Chapter 12 shall be followed; and

(d) Where there are two or more pharmacists working in a pharmacy, the pharmacy may remain open if a pharmacist leaves the building as long as at least one pharmacist remains in the pharmacy. However, the number of pharmacy technicians or pharmacy technicians-in-training present in the pharmacy may not exceed the 3 to 1 ratio.

Section 13. Pharmacy Technician Continuing Education Requirements.

(a) Every pharmacy technician seeking renewal of a pharmacy technician license shall complete, during each calendar year, six (6) contact hours of approved continuing pharmacy education programs to be applied to the upcoming renewal year; and

(b) Excel continuing education hours may not be carried forward to subsequent years.

Section 14. Continuing Education Audits.

(a) The Board shall randomly select submitted renewal applications for verification of reported continuing education contact hours;

(b) The Board shall review records in the NABP database CPE Monitor for compliance with continuing education hours for pharmacy technicians; and

(c) Upon written request by the Board, a pharmacy technician shall provide to the Board copies of certificates of completion for all continuing education contact hours reported during a specified license period. Failure to provide all requested records constitutes prima facie evidence of knowingly false or misleading information to the Board for the renewal of a license and may subject the pharmacy technician to disciplinary action by the Board;

Section 15. Pharmacy Technician Approved Continuing Education Providers.

(a) Pharmacist supervisor at place of employment, utilizing a format for documentation developed by Board staff;

(b) Continuing education hours approved by the PTCB OR EXCPT;

(c) Continuing education hours approved by the American Pharmacists Association (APhA);

(d) Continuing education hours of providers of continuing education accredited by the Accreditation Council for Pharmacy Education (ACPE); or

(e) Continuing education hours presented by the Wyoming Pharmacy Association (WPhA).

Section 16. Pharmacist/Technician Employee Ratio.

A pharmacist is permitted to be a direct supervisor of three (3) pharmacy technicians and/or technicians-in-training who is enrolled with a Pharmacy Technician Accreditation Commission (PTAC) accredited pharmacy technician training program during required experiential training hours and who possesses a pharmacy technician-in-training permit issued by the Board shall not be included in this ratio.

Section 17. Legal and Professional Responsibilities.

It shall be considered unprofessional conduct for a pharmacy technician or pharmacy technician-in-training to violate the Wyoming Pharmacy Act or the Wyoming Controlled Substances Act or their rules or regulations.