SB778,4,52 450.02 (3) (f) Establishing procedures for identifying pharmacists and
3pharmacy technicians
impaired by alcohol or other drugs or physical or mental
4disability or disease and for assisting those pharmacists and pharmacy technicians
5in obtaining treatment.
SB778,12 6Section 12. 450.03 (1) (e) of the statutes is amended to read:
SB778,4,137 450.03 (1) (e) Any person lawfully practicing within the scope of a license,
8permit, registration, certificate, or certification granted to practice as a pharmacy
9technician under s. 450.068, to
provide home medical oxygen under s. 450.076, to
10practice professional or practical nursing or nurse-midwifery under ch. 441, to
11practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery
12under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine
13under ch. 89, or as otherwise provided by statute.
SB778,13 14Section 13 . 450.03 (1) (gm) of the statutes is created to read:
SB778,4,1815 450.03 (1) (gm) A person who has applied for a registration under s. 450.068
16and whose practice as a pharmacy technician is limited to performing duties under
17the direct supervision of a person licensed as a pharmacist by the board and during
18the period before which the board takes final action on the person's application.
SB778,14 19Section 14. 450.03 (1) (i) of the statutes is amended to read:
SB778,4,2320 450.03 (1) (i) Any person, other than a pharmacy technician, who is providing
21services as directed, supervised, and inspected by a pharmacist who has the power
22to direct, decide, and oversee the implementation of the services rendered, subject
23to any rules promulgated by the board and subject to s. 450.035 (2m).
SB778,15 24Section 15. 450.062 (intro.) of the statutes is amended to read:
SB778,5,4
1450.062 Remote dispensing. (intro.) Pursuant to rules promulgated by the
2board, a pharmacist, a pharmacy technician, or a person engaged in the practice of
3pharmacy under s. 450.03 (1) (f), (g), or (i) may dispense at any of the following
4locations:
SB778,16 5Section 16. 450.068 of the statutes is created to read:
SB778,5,9 6450.068 Pharmacy technicians; registration. (1) No person may practice
7as a pharmacy technician, as defined by the board under s. 450.02 (2) (b), or use the
8title “pharmacy technician” or “pharmacy tech” unless the person is registered as a
9pharmacy technician by the board.
SB778,5,11 10(2) Except as provided in s. 450.10, the board shall issue a registration as a
11pharmacy technician to an applicant who satisfies all of the following:
SB778,5,1312 (a) The applicant submits an application for registration on a form provided by
13the board that specifies all of the following:
SB778,5,1414 1. The applicant's home address.
SB778,5,1615 2. If the applicant is employed, the name and address of the applicant's
16employer, and the applicant's place of employment.
SB778,5,1717 (b) The applicant satisfies one of the following:
SB778,5,2018 1. The applicant is at least 18 years of age and has graduated from high school
19or has attained high school graduation equivalency as determined by the department
20of public instruction.
SB778,5,2321 2. The applicant is enrolled in a youth apprenticeship program for pharmacy
22technicians that is on the list of youth apprenticeship programs approved by the
23department of workforce development under s. 106.13 (2m).
SB778,5,2424 (d) The applicant pays the fee specified in s. 440.05 (1).
SB778,5,25 25(3) A pharmacy technician shall do all of the following:
SB778,6,4
1(a) Notwithstanding s. 440.11, if the pharmacy technician moves from the last
2address provided to the department, notify the department of his or her new address
3within 10 days of the change in writing or in accordance with other notification
4procedures approved by the department.
SB778,6,95 (b) If the pharmacy technician changes his or her employer or place of
6employment, notify the department of his or her new employer or address of
7employment within 10 days of the change in writing or in accordance with other
8notification procedures approved by the department and, if required by the
9department, pay the transfer fee under s. 440.05 (7).
SB778,17 10Section 17. 450.08 (title) of the statutes is repealed and recreated to read:
SB778,6,11 11450.08 (title) Credential renewals.
SB778,18 12Section 18. 450.08 (1) of the statutes is amended to read:
SB778,6,1613 450.08 (1) The renewal date dates for all licenses and registrations granted by
14the board is are specified under s. 440.08 (2) (a). Except as provided under sub. (2)
15(a), only a holder of an unexpired license or registration may engage in his or her
16licensed activity.
SB778,19 17Section 19. 450.08 (2) (b) of the statutes is amended to read:
SB778,6,2118 450.08 (2) (b) A pharmacy, pharmacy technician's, manufacturer's,
19distributor's, or home medical oxygen provider's license or registration may be
20renewed by paying the applicable fee determined by the department under s. 440.03
21(9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).
SB778,20 22Section 20. 450.10 (1) (a) 1. of the statutes is amended to read:
SB778,6,2523 450.10 (1) (a) 1. Making any materially false statement or giving any
24materially false information in connection with an application for a license or
25registration
or for renewal or reinstatement of a license or registration.
SB778,21
1Section 21. 450.10 (1) (a) 2. of the statutes is amended to read:
SB778,7,42 450.10 (1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 961 or
3any federal or state statute or rule which substantially relates to the practice of the
4licensee or registrant.
SB778,22 5Section 22. 450.10 (1) (a) 3. of the statutes is amended to read:
SB778,7,86 450.10 (1) (a) 3. Practicing Engaging in the practice of pharmacy or practicing
7as a pharmacy technician
while the person's ability to practice is impaired by alcohol
8or other drugs or physical or mental disability or disease.
SB778,23 9Section 23. 450.10 (1) (a) 6. of the statutes is amended to read:
SB778,7,1210 450.10 (1) (a) 6. Engaging in conduct in the practice of the licensee or registrant
11which that evidences a lack of knowledge or ability to apply professional principles
12or skills.
SB778,24 13Section 24. 450.10 (1) (b) (intro.) of the statutes is amended to read:
SB778,7,1714 450.10 (1) (b) (intro.) Subject to subch. II of ch. 111 and the rules adopted under
15s. 440.03 (1), the board may reprimand the licensee or registrant or deny, revoke,
16suspend, or limit the license or registration or any combination thereof of any person
17licensed under this chapter who has:
SB778,25 18Section 25. 450.10 (1) (b) 3. of the statutes is amended to read:
SB778,7,2019 450.10 (1) (b) 3. Been found guilty of an offense the circumstances of which
20substantially relate to the practice of the licensee or registrant.
SB778,26 21Section 26. 450.10 (2) of the statutes is amended to read:
SB778,7,2522 450.10 (2) In addition to or in lieu of a reprimand or denial, limitation,
23suspension, or revocation of a license or registration under sub. (1), the board may,
24for the violations enumerated under sub. (1), assess a forfeiture of not more than
25$1,000 for each separate offense. Each day of violation constitutes a separate offense.
SB778,27
1Section 27. 450.10 (3) (a) 1. of the statutes is amended to read:
SB778,8,32 450.10 (3) (a) 1. A pharmacist or pharmacy technician licensed or registered
3under this chapter.
SB778,28 4Section 28. 450.11 (1b) (bm) of the statutes is amended to read:
SB778,8,115 450.11 (1b) (bm) A pharmacist, pharmacy technician, or other person
6dispensing or delivering a drug shall legibly record the name on each identification
7card presented under par. (b) to the pharmacist, pharmacy technician, or other
8person, and the name of each person to whom a drug is dispensed or delivered subject
9to par. (e) 2., and shall maintain that record for a time established by the board by
10rule or, for a record that is subject to s. 961.385, until the name is delivered to the
11controlled substances board under s. 961.385, whichever is sooner.
SB778,29 12Section 29. 450.11 (1b) (d) of the statutes is amended to read:
SB778,8,1713 450.11 (1b) (d) A pharmacist or pharmacy technician is immune from any civil
14or criminal liability and from discipline under s. 450.10 for any act taken by the
15pharmacist or pharmacy technician in reliance on an identification card that the
16pharmacist reasonably believed was authentic and displayed the name of the person
17to whom the drug was being delivered if the sale was made in good faith.
SB778,30 18Section 30. 450.11 (1b) (e) 2. of the statutes is amended to read:
SB778,8,2219 450.11 (1b) (e) 2. The pharmacist, pharmacy technician, or other person
20dispensing or delivering the drug has personal knowledge of the person to whom the
21drug is dispensed or delivered and that the person is the ultimate user or the ultimate
22user's authorized representative.
SB778,31 23Section 31. 450.11 (3) of the statutes is amended to read:
SB778,9,324 450.11 (3) Preparation of prescription drugs. Except as provided in sub. (1i)
25(b) and ss. 118.2925 (4), 255.07 (3), and 450.076, no person other than a pharmacist

1or practitioner or their agents and employees as directed, supervised, and inspected
2by the pharmacist or practitioner, including pharmacy technicians, may prepare,
3compound, dispense, or prepare for delivery for a patient any prescription drug.
SB778,32 4Section 32. 450.11 (7) (d) of the statutes is amended to read:
SB778,9,75 450.11 (7) (d) No person may, for the purpose of obtaining a prescription drug,
6falsely assume the title of, or represent himself or herself to be, a manufacturer,
7distributor, pharmacist, pharmacy technician, or practitioner.
SB778,33 8Section 33. 450.11 (8) (a) of the statutes is amended to read:
SB778,9,109 450.11 (8) (a) The board, insofar as this section applies to pharmacists and
10pharmacy technicians
.
SB778,34 11Section 34. 450.17 of the statutes is amended to read:
SB778,9,15 12450.17 Violations. Each member of the board shall investigate and institute
13actions for violations of this chapter by any person and for violation of ch. 961 by
14pharmacists or pharmacy technicians. The district attorney of the proper county
15shall promptly prosecute any such violation upon notice from any source.
SB778,35 16Section 35 . Nonstatutory provisions.
SB778,9,2517 (1) The pharmacy examining board may promulgate emergency rules under s.
18227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2),
19emergency rules promulgated under this subsection remain in effect until May 1,
202022, or the date on which permanent rules take effect, whichever is sooner.
21Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to
22provide evidence that promulgating a rule under this subsection as an emergency
23rule is necessary for the preservation of the public peace, health, safety, or welfare
24and is not required to provide a finding of emergency for a rule promulgated under
25this subsection.
SB778,36
1Section 36. Effective dates. This act takes effect on the first day of the 13th
2month beginning after publication or on May 31, 2020, whichever is later, except as
3follows:
SB778,10,44 (1) Section 35 (1 ) of this act takes effect on the day after publication.
SB778,10,55 (End)
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