Wyoming Administrative Code Agency 059 - Pharmacy, Board of
Overview of Wyoming Administrative Code Agency 059 — Board of Pharmacy
The Wyoming Board of Pharmacy (Agency 059) regulates the practice of pharmacy within Wyoming to ensure the safe and effective use of pharmaceuticals. The Board oversees licensing, pharmacy operations, enforcement of pharmacy laws, and protection of public health related to medications.
Key Regulatory Areas Covered by Agency 059
Licensing and Registration
Licensing pharmacists, pharmacy interns, and pharmacy technicians.
Registration of pharmacies, including retail, hospital, and specialty pharmacies.
Requirements for initial licensure: education, examination, background checks.
Continuing education requirements for license renewal.
Pharmacy Practice Standards
Rules defining the scope of practice for pharmacists.
Regulations on dispensing, labeling, storage, and record-keeping of drugs.
Requirements for controlled substances handling per federal and state law.
Standards for patient counseling and consultation.
Procedures for prescription verification, refill authorization, and medication errors.
Pharmacy Operations
Requirements for pharmacy facilities, equipment, and security.
Rules regarding compounding of medications and sterile preparations.
Regulations on collaborative practice agreements between pharmacists and other healthcare providers.
Disciplinary Actions and Enforcement
Grounds for discipline such as fraud, drug diversion, negligence, and violations of pharmacy law.
Procedures for investigations, hearings, and sanctions (suspension, revocation, fines).
Confidentiality of complaints and investigations.
Controlled Substances
Specific regulations to comply with the Controlled Substances Act.
Mandatory reporting of lost or stolen controlled substances.
Monitoring and preventing prescription drug abuse.
Miscellaneous Provisions
Rules about advertising, sale of non-prescription drugs, and pharmacy technician supervision.
Board’s authority to adopt rules, conduct inspections, and issue subpoenas.
Importance of Agency 059
Protects public health by ensuring safe, legal dispensing of medications.
Promotes responsible pharmacy practice and prevents drug misuse.
Holds pharmacy professionals accountable through rigorous licensing and discipline.
Relevant Case Law and Legal Principles
Wyoming-specific pharmacy cases interpreting Agency 059 may not be abundant, but general legal principles on pharmacy regulation apply. Here are key legal concepts drawn from broader case law relevant to pharmacy boards:
1. Regulatory Authority and Police Power
Courts consistently affirm that pharmacy boards have broad police powers to regulate the profession in the interest of public health and safety.
Restrictions on pharmacy practice and licensing conditions are generally upheld unless they are arbitrary or discriminatory.
2. Disciplinary Proceedings and Due Process
Licensing boards must provide due process when disciplining pharmacists or pharmacies.
Licensees are entitled to:
Notice of allegations.
Opportunity for a fair hearing.
Right to present evidence and cross-examine witnesses.
Decisions based on substantial evidence.
Failure to provide these protections can lead courts to overturn board decisions.
3. Prescription Drug Abuse and Controlled Substances
Courts support strict enforcement against diversion and improper dispensing of controlled substances.
Pharmacy boards can suspend or revoke licenses if a pharmacist is found complicit in illegal drug distribution.
Example: A pharmacist who fails to verify suspicious prescriptions or knowingly dispenses controlled substances illegally may face disciplinary action upheld by courts.
4. Scope of Practice and Collaborative Agreements
Disputes sometimes arise over pharmacists’ authority to perform certain clinical functions or enter collaborative practice agreements.
Courts generally defer to the regulatory definitions set by the Board and legislature.
5. Liability for Negligence and Malpractice
Pharmacy boards discipline licensees for failing to meet the standard of care.
Courts assess malpractice claims using expert testimony and professional guidelines.
Board disciplinary findings can influence malpractice litigation but do not replace civil liability.
Summary
The Wyoming Board of Pharmacy (Agency 059) plays a crucial role in regulating pharmacy practice to ensure medication safety and public health. It sets strict licensing requirements, operational standards, and disciplinary mechanisms.
Courts generally uphold the Board’s broad authority but require procedural fairness and evidence-based decisions. The Board is particularly vigilant against controlled substance abuse and ensures compliance with federal and state drug laws.
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