Mission Statement The mission of the Wyoming State Board of Pharmacy is to promote and protect the health and safety of the public by regulating the practice of pharmacy.
Clarification on the Required Elements for Controlled Substance Prescriptions
The Wyoming Board of Pharmacy has received inquiries about the elements that constitute a valid controlled substance prescription and a pharmacist's ability to make certain changes to controlled substance prescriptions in consultation with the prescriber. The source of the confusion appears to be as follows:
A 2019 presidential executive order required all federal agencies to review and consolidate various informal guidance documents.
As a result of this review, the federal Drug Enforcement Administration (DEA) removed informal guidance on its website that concerned changes to Schedule II prescriptions.
The National Association of Chain Drug Stores (NACDS) issued a letter describing a private phone call with unnamed DEA officials.
NACDS interpreted statements from the unnamed DEA officials on this call as an “implication” that Schedule II prescriptions may not be altered or changed in any way by a pharmacist, and that if any of the elements of a prescription required by 21 C.F.R 1306.05(a) are missing or in need of alteration (such as the address of the patient) then the pharmacist cannot add or change any of the elements, and the prescriber must instead issue a new prescription.
It is important to note that while the previous DEA guidance regarding changes to Schedule II prescriptions is not currently listed, even the currently listed guidance documents on the DEA’s Guidance Document Portal, do not have the force and effect of law, and are not binding on the public in any way.
The Wyoming Controlled Substances Act Rules Chapter 10 provides Wyoming's requirements for controlled substance prescriptions. The chapter also provides information on what elements of a controlled substance prescription may be changed or added after consulting with or obtaining approval from the prescribing practitioner.
In order to limit and prevent disruptions to care, the Board encourages practitioners to ensure that the required elements for a controlled substance prescription are present when issuing the prescription and also encourages pharmacists to use their professional judgment when verifying the information on the prescription and to not reject a prescription as invalid when the information on the prescription is correct but conflicts with the information in the patient's profile at the pharmacy. For example, state and federal requirements include the patient's address. Neither specifies that this has to be a physical address, or prohibits a patient's mailing address from appearing on the prescription.
We are pleased to announce that the new AWARxE WY Prescription Drug Monitoring Program software system is now available. Please note that the old website, https://worxpdmp.com/, is no longer available. Users attempting to log into the old website will be redirected to https://wyoming.pmpaware.net/login. Users whose account information was successfully transferred to the new PMP AWARxE platform have been emailed instructions on how to access the new PMP AWARxE site.
Eligible new users can click on "Create an Account" on the new website and follow the instructions to create a new account. Here are some useful guides to the new PMP AWARxE system:
To request patient reports, please review the Quick Reference Guide – Making a Request.
The full PMP AWARxE User Guide can also be found under the "Help" section of the new website.
The Data Submission Dispenser Guide explains the process to register and transmit data to the Bamboo Health PMP Clearinghouse. The Bamboo Health PMP Clearinghouse is for data submission only.
May 23, 2022, Recent Pharmacy Burglaries in Wyoming
A pharmacy in Casper reported that it had been broken into and suffered the loss of a significant amount of schedule II prescription medication. Burglary attempts were also made at pharmacies in Powell and Wheatland. You may wish to review your security and provide staff education on prevention attempts, what to do during a robbery, and what needs to be done after. The Board's March 2018 Newsletter and the DEA's Pharmacy Robbery & Burglary brochure and presentation may be useful resources to review. Federal regulations require that registrants notify their local Division Field Office, in writing, of the theft or significant loss of any controlled substance within one business day of discovery of such loss or theft. The DEA's website provides information to locate your local office as well as a downloadable Form 106.
Technician in Training Applications
Going forward, The Board of Pharmacy will not issue Technician in Training permits until the results of the background check have been received by the Board office. If you have any questions or concerns please email BOP@wyo.gov
Scam Alert – Impersonating Investigators
The Board office has received reports that pharmacists and practitioners are receiving calls that appear to come from the Board office’s main phone number, and that the caller identifies themself as an agent with the Board or as a federal investigator. The caller is often able to confirm some of the individual’s information, such as license number, National Provider Identifier number, and place of employment.
In some cases, the caller accuses the individual of having committed a violation, that their license may be suspended or revoked, and that they will be arrested if they do not cooperate. In some cases, the caller alleges that the individual was involved in prescription drug trafficking. Some individuals have reported that the caller becomes aggressive and demanding, threatening to have the Federal Bureau of Investigation arrest them if they do not comply.
The Board will not contact or interact with you in this manner.
Please keep the following in mind to protect your information:
If you receive a phone call that shows the Board’s phone number on your caller ID, ask for the person’s name, let them know you are busy, and that you will call them back.
The names and pictures of the Board’s staff can be verified on the Board’s website.
Do not share your personal information over the phone as the Board already has your information.
Ultimately, the scam appears to be designed to ask for a transfer of funds. No Board staff member will ever contact a licensee via telephone to demand money or any other form of payment over the phone. The Board cannot take funds over the phone or through bank transfer/wiring of funds.
If an inspector/compliance officer comes to your pharmacy, please verify their identity by asking to see their badge/ID. If you receive such a phone call, please report it to the Federal Communications Commission at 888/225-5322 or contact the Board.
The Board office has received reports that pharmacies have received fraudulent prescriptions for controlled substances. Some of them have been electronically prescribed. As a reminder, pharmacists have a corresponding responsibility to determine the validity and authenticity of prescriptions prior to dispensing. Pharmacists may want to familiarize themselves with red flags and tactics used to make fraudulent prescriptions appear legitimate and exercise their professional judgment when evaluating prescriptions for controlled substances.
Issuing and Dispensing Prescriptions for Controlled Substances
As a reminder, pursuant to Wyoming Statute 35-7-1030, controlled substances are now required to be electronically prescribed. The requirements for electronic prescribing systems and exemptions to the electronic prescribing requirement can be found in the Wyoming Controlled Substances Act Rules Chapter 10.
Distribution of controlled substances
It is the Board’s understanding that many resident pharmacies have been distributing controlled substances to practitioners for office dispensing. While the Board does not prohibit this practice, there are many requirements that should be followed in order for pharmacies to be compliant with federal law.
The Board strongly encourages all licensees that may be engaged in this activity to review their current processes to ensure compliance with state and federal law. The following federal provisions are being provided to aid in that review. As a reminder, the Board’s rules and DEA regulations prohibit prescriptions from being issued in order for practitioners to obtain controlled substances for supplying the practitioner for the purpose of general dispensing to patients.
21CFR1304.22 - Records for manufacturers, distributors, dispensers, researchers, importers, exporters, registrants that reverse distribute, and collectors
21CFR1305.03 - Distributions requiring a Form 222 or a digitally signed electronic order
21CFR1305.06 - Persons entitled to fill orders for C-I and C-II substances
21CFR1307.11 - Distribution by dispenser to another practitioner
The Board would like to remind all pharmacies that if they are engaged in this practice, it would be considered distribution. Licensees should not be reporting the distribution of controlled substances as prescriptions into the Wyoming Online Prescription Database (WORx). Please direct any questions to the Board office in writing to firstname.lastname@example.org.
Butalbital Schedule Status in Wyoming
It has come to the Board's attention that there are questions surrounding butalbital scheduling. The Wyoming Controlled Substances Act (Wyoming Statute 35-7-1018(c)(iii)) lists “any substance which contains any quantity of a derivative of barbituric acid or any salt thereof" as a schedule III-controlled substance. While there are butalbital products listed on the DEA’s list of Exempted Prescription Products, including Fioricet (butalbital/acetaminophen/caffeine), Wyoming does not have a similar list of exempted products. All butalbital-containing products, therefore, are schedule III-controlled substances in Wyoming and must be treated as such.
1712 Carey Ave. Ste 200 Cheyenne, WY 82002
Phone: 307-634-9636 Fax: 307-634-6335