Proposed Rules Revisions

The Wyoming State Board of Pharmacy proposes to amend Chapters 3, 6, 16, &18 of the Wyoming Pharmacy Act Rules and Regulations in order to modernize, reorganize and simplify the chapters by removing obsolete and/or commonly understood terms and definitions; duplicative requirements that are already found in statute; simplify the requirements for pharmacy interns; simplify the annual CE requirements; make conforming changes for immunizations from emergency rules that were made in preparation for the May 11th end date for the public health emergency; and revisions that are in accordance with Wyoming Statute § 35-4-901 et seq. and Enrolled Act No. 36, Senate 2023, SF0007. 

As required by Wyoming Statute § 16-3-103(a)(i)(G), these rules meet minimum substantive state statutory requirements. 

Chapter 3: Pharmacy Internship Regulations  

• The chapter is being modernized, reorganized, and simplified;  

• Obsolete and/or commonly understood terms/definitions are being removed;  

• Requirements for pharmacy interns are being simplified and modernized;  

• Requirements for preceptors are being simplified and modernized; and  

• Registration requirements to administer immunizations made via emergency rule are addressed. 

Chapter 6: Continuing Professional Education Regulations  

• The annual continuing education (CE) requirement for pharmacists is proposed to be increased from twelve (12) to fifteen (15) hours to give pharmacists more opportunities to find CE that fits their practice and continuing professional development while also completing the mandatory CE on the responsible prescribing of controlled substances pursuant to W.S. § 33-24-157;  

• The annual continuing education (CE) requirement for pharmacy technicians is proposed to be increased from six (6) to ten (10) hours to align with the requirements to maintain certification through either the Pharmacy Technician Certification Board (PTCB) or the National Healthcareer Association (ExCPT); and  

• To simplify the type of accepted CE that must be reported into NABP’s free central repository, CPE Monitor. 

Chapter 16: Immunization Regulations  

• Addresses the emergency rules that have been made in preparation for the May 11th end date for the public health emergency, which include: 

  • Clarifying that pharmacy technicians need to have and maintain an active CPR certification; and 

  • Previous incorporations by reference to the CDC’s guidelines for immunizations were immediately out of date when the CDC issued new guidelines. For example, the current guidelines that are incorporated still refer to COVID vaccines that were authorized under the FDA’s emergency use authorization. In addition to the CDC guidelines, the Board required pharmacists to utilize the manufacturer’s package insert for indication, contraindication, etc. The Board proposes revising and simplifying the rules to where pharmacists must utilize the manufacturer’s package insert when determining if they can prescribe a vaccine to a healthy adult or minor or must refer the patient to a practitioner for a prescription if the patient has a contraindication to receiving a vaccine. 

Chapter 18: Prescribing by Pharmacists  

• The chapter is being simplified because many of the requirements are duplicative of what is already in Wyoming Statute § 35-4-901 et seq. and to make conforming changes in accordance with Wyoming Statute § 35-4-901 et seq. and Enrolled Act No. 36, Senate 2023, SF0007. 

As required by Wyoming Statute § 16-3-103(a)(i)(G), these rules meet minimum substantive state statutory requirements. Requests for copies of the proposed amendments may be addressed to the Board executive director at 1712 Carey Avenue, Suite 200, Cheyenne, WY 82002. The proposed amended rules and new chapters are posted on the Wyoming Secretary of State's website. 

The public comment has been extended and will close on June 21, 2023, at 5:00 pm MDT

Emergency Rules Revisions

The Wyoming State Board of Pharmacy has proposed Emergency Rules for the Wyoming Pharmacy Act Rules, Chapter 3 Pharmacy Internship Regulations, and Chapter 16 Immunization Regulations. The reason for the emergency rules is to update the Board’s Rules in advance of the May 11th end date of the public health emergency to ensure that no patient care gaps or patient access to pharmacy services are inadvertently created when the public health emergency ends. 

• For example, Chapter 16 currently references out-of-date CDC immunization schedules that still reference COVID vaccines as being authorized under an emergency use authorization; 

• The requirement from the PREP Act that pharmacy technicians be CPR certified was inadvertently left out; and 

• Pharmacy interns are still required to obtain a separate registration in addition to their intern license in order to administer vaccines (Chapter 3). 

These emergency rules clarify that pharmacists may continue to prescribe and administer the COVID-19 vaccines after the public health emergency is ended, as well as to make conforming changes so that pharmacy interns and pharmacy technicians may continue to administer vaccines under the supervision of a pharmacist after the public health emergency has ended.