Wyo. Code R. 059-0001-19
Pharmacy, Board of
Chapter 19: Licensing of Pharmacists and Pharmacies
Effective Date: 12/19/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 059.0001.19.12192018
These regulations are promulgated pursuant to the Wyoming Pharmacy Act W.S. § 33-24-101 through -301.
The purpose of this regulation is to provide the regulations for licensing of pharmacists and pharmacies.
This chapter applies to any person, partnership, corporation, limited liability company, or other entity seeking licensure as a pharmacist of as a pharmacy providing pharmacy services within this state.
(a) 'Foreign pharmacy graduate' means a pharmacist whose undergraduate pharmacy degree was conferred by a recognized school of pharmacy outside of the United States, the District of Columbia and Puerto Rico. United States citizens who have completed their pharmacy education outside the United States are foreign pharmacy graduates. Foreign nationals who have graduated from schools in the United States are not foreign pharmacy graduates.
(b) 'Institutional facility' means a hospital, convalescent home, nursing home, extended care facility, correctional or penal facility, or any other organization, public or private, which provides a physical environment for patients to obtain medical, surgical, and/or nursing services, except those places where physician, dentists, veterinarians, or other practitioners of the healing arts engage in private office practice.
(c) 'Institutional Pharmacy' means a pharmacy where medications are dispensed to other health care professionals for administration to institutionalized patients served by an institutional facility, and which is:
(i) Located within the institutional facility, or
(ii) Located outside the institutional facility but only provides pharmacy services to institutionalized patients.
(d) 'Non-resident pharmacy' means a licensed pharmacy located outside this State where drugs are dispensed and/or pharmacist care is provided to residents within this state.
(e) 'Pharmacy' means an area(s) where drugs are dispensed and/or pharmacist care is provided.
(f) 'Registered pharmacist' means an individual currently licensed by this state to engage in the practice of pharmacy.
(g) 'Remodeled pharmacy' means an existing retail pharmacy that is relocated to a different address, or a pharmacy that undergoes remodeling at a cost equal to or greater than twenty-five thousand dollars ($25,000.00).
(h) 'Resident retail pharmacy' means a licensed pharmacy located inside this State where drugs are dispensed and/or pharmacist care is provided to residents within this state.
(a) The Board shall utilize those standardized examinations as prepared and administered by the National Association of Boards of Pharmacy (NABP). These standardized examinations shall include the following:
(i) North American Pharmacist Licensing Examination (NAPLEX®); and
(ii) Multistate Pharmacy Jurisprudence Examination (MPJE®).
(b) Applicants for licensure by examination will be licensed, provided they:
(i) Submit a properly completed 'Pharmacist License by Examination' application, as provided by the Board, with the proper fee and fee/fingerprints for a criminal background check. However, any applicant who has on file at the Board office a criminal background history dated within twelve (12) months of the date of application need not resubmit fee/fingerprints for a criminal background history;
(ii) Pass the NAPLEX® with a minimum score of 75;
(A) Candidates who do not receive a passing grade on the NAPLEX® shall be allowed two (2) retakes, for a total of three (3) examinations.
(B) All retakes require payment of fees plus a forty-five (45) day waiting period, as required by NABP.
(iii) Pass the MPJE® for Wyoming with a minimum score of 75;
(A) Candidates who do not receive a passing grade on the MPJE® for Wyoming may retake the examination for a maximum of five (5) attempts.
(B) All retakes require payment of fees, plus a thirty (30) day waiting period, as required by NABP.
(iv) Meet the required practical experience requirement of 1,200 internship hours as specified in Chapter 3 of these rules;
(v) Complete all requirements within two (2) years of the date of application to the Board office;
(vi) Meet the requirements of W.S. § 33-24-116; and
(vii) Ensure the Board receives the results of a criminal background history report from the Wyoming Division of Criminal Investigation (DCI).
(c) Applicants who have applied for score transfer of their NAPLEX® examination to Wyoming will be licensed by examination provided they meet the following requirements:
(i) The NAPLEX® score transferred is 75 or more;
(ii) A properly completed “Pharmacist Licensure by Examination” application, as provided by the Board, with the proper fee, has been submitted to the Board office;
(iii) Pass the MPJE® for Wyoming with a minimum score of 75;
(A) Candidates who do not receive a passing grade on the MPJE® for Wyoming may retake the examination for a maximum of five (5) attempts.
(B) All retakes require payment of fees, plus a thirty (30) day waiting period, as required by the NABP.
(iv) The required practical experience requirement of 1,200 internship hours is met, as specified in Chapter 3 of these rules;
(v) All requirements completed within one (1) year of the date of the NAPLEX® examination, which was utilized for the score which was transferred to Wyoming;
(vi) Board receipt of a criminal background history report from the DCI; and
(vii) Meet the requirements of W.S. § 33-24-116.
(d) No candidate will be licensed until the required practical experience, as specified in Chapter 3 of these rules has been met.
(e) Candidates failing to meet all requirements within the time period allowed in this chapter must file a new application, including payment of the fees or, if applicable, seek licensure by license transfer, as outlined in this chapter.
(f) The Board reserves the right to require an interview with any applicant seeking licensure by examination to practice pharmacy in Wyoming.
(g) The Board shall charge fees to cover administrative costs, which shall include one (1) wall certificate and a renewal certificate for the current license year.
(h) Foreign pharmacy graduates, holding a FPGEC® Certificate issued by the Foreign Pharmacy Graduate Examination Committee ®, may apply for licensure as a pharmacist under this section. To be eligible for FPGEC® certification, applicants must satisfy the following requirements established by the FPGEC®:
(i) Provide verification of educational equivalency of an applicant’s foreign pharmacy education and the applicant’s licensure or registration as a pharmacist outside the United States;
(ii) Pass the Foreign Pharmacy Graduate Equivalency Examination (FPGEE®); and
(iii) Obtain an acceptable score on the Test of English as a Foreign Language Internet-based Test (TOEFL® iBT), with minimal scores of 21 for listening, 22 for reading, 26 for speaking and 24 for writing.
(a) Any pharmacist, who is licensed by examination and is in good standing in any state which is a member of the NABP and who desires to be licensed by reciprocity into this state, shall proceed in the manner outlined by the NABP after first submitting the “Preliminary Application for Transfer of Pharmacist Licensure” obtained from the NABP.
(i) All candidates for license transfer shall be required to:
(A) File all appropriate applications with the Board;
(B) Pay the required application fee;
(C) Complete the two (2) fingerprint cards provided by the Board for the criminal background check;
(D) Pay the required criminal background check fee;
(E) Pass the MPJE® for Wyoming;
(F) Prove good moral character;
(G) Prove they have been in active pharmacy practice, as defined in this chapter, for the year preceding the date of their application for license transfer. Applicants failing to show proof must complete an internship in Wyoming approved by the Board of no less than four hundred (400) hours;
(H) Meet all requirements under the Wyoming Pharmacy Act and these rules; and
(I) If applying as a foreign pharmacy graduate, possess a FPGEC® Certificate.
(ii) The Board must receive the applicant’s criminal background history report from the DCI before a pharmacist license by transfer will be issued.
(iii) The Board shall not issue a pharmacist license by license transfer until all conditions under this chapter have been met.
(iv) All applications for licensure by reciprocity shall expire one (1) year from date of issue by the NABP.
(v) The Board reserves the right to require an interview with any applicant seeking licensure reciprocity to practice pharmacy in Wyoming.
(vi) In the event of rejecting an application, the fees paid to the Board will not be refunded.
(vii) The Board will accept licensure by reciprocity for pharmacists licensed in California after January 1, 2004.
(a) If a person requests reinstatement of their registered pharmacist license when said license has lapsed only for failure to pay renewal fees, the person shall:
(i) Write a letter requesting consideration of reinstatement;
(ii) Pay all back renewal fees, including annual fines, up to a maximum of five (5) years;
(iii) Provide copies of approved continuing education (CE) certificates for those years the license was lapsed, to a maximum of five (5) years. All CE certificates must be from approved providers;
(iv) Provide at least two (2) recent letters from a pharmacist or a pharmacy owner attesting to good character;
(v) If licensed outside Wyoming, provide a letter from the board of pharmacy in the state where licensed and currently practicing. This letter must state current license status and indicate if the license has been subject to any investigation or disciplinary action by the Board;
(vi) Complete two (2) fingerprint cards, provided by the Board, and include a check made payable to the Wyoming State Board of Pharmacy in the amount of fifty dollars ($50.00) to cover the cost of the criminal background history; and
(vii) Provide a notarized employer affidavit attesting to the active practice of pharmacy in the year preceding the date of the application for reinstatement. Active practice requires that the pharmacist work a minimum of four hundred (400) hours during this time period.
(b) Minimum competency for an inactive pharmacist shall be established to the satisfaction of the Board. When a registered pharmacist has been out of the practice of pharmacy for an extended period of time and wishes to reactivate that license, the Board shall determine on an individual basis the requirements needed to reactivate that license. The requirements may include the following:
(i) Pass a jurisprudence examination;
(ii) Internship under direct supervision. The internship period may vary depending upon how long the individual was out of practice; or
(iii) Board interview.
(a) A pharmacist or 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 pharmacist or 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 pharmacist or pharmacy technician license became final;
(ii) A pharmacist or 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 pharmacist shall submit an application fee of two hundred fifty dollars ($250.00) and pay for the cost of the hearing, if the Board issues an order denying reinstatement. The application fee is nonrefundable;
(iv) 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;
(v) The applicant must complete all questions and provide all information requested on the application;
(vi) An incomplete application and the accompanying fee will be returned and a hearing date will not be set by the Board; and
(vii) In the application, the pharmacist or 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 pharmacist 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 practice pharmacy. The Board may, as a condition to establish competency, require successful completion of one or more of the following:
(i) The NAPLEX® with a minimum score of 75;
(ii) The MPJE® with a minimum score of 75; or
(iii) An internship, not to exceed 1,200 hours, as prescribed by the Board.
(e) 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.
(a) Prior to the issuing of the registration to operate a pharmacy or prescription department in Wyoming, the Board will inspect the pharmacy for minimum standards including space, fixtures, sanitation, reference library, technical equipment and security. The application will include the number of hours the pharmacy will be in operation per week.
(b) The facility application shall list the names of all licensed pharmacists employed, specifically identifying the Pharmacist-in-Charge (PIC). The PIC determines which employees shall have access to the pharmacy.
(c) The Board shall be notified within seven (7) days of every change in PIC. A controlled substance inventory is required when there is a change in PIC, at the time of the change. This inventory shall include the signatures of both the outgoing and incoming PIC, and the date and time the inventory was taken. If the inventory cannot be conducted with both pharmacists, then the incoming PIC shall conduct an inventory. A copy of the controlled substance inventory and signed Certification of Responsibilities as Pharmacist-in-Charge (PIC) shall be forwarded to the Board office within fifteen (15) days of conducting the inventory.
(d) When a pharmacy changes ownership, the original license becomes void and a new license must be secured by the new owner or owners. A new license is required even if there is no change in the name of the pharmacy or in the registered PIC of the pharmacy.
(e) In the case of a corporation, limited liability company or partnership holding a pharmacy license, the Board shall be notified and a new license applied for any time the majority of stock in the corporation is sold or a majority of the partners of the partnership or members of the limited liability company change. This shall constitute new ownership. Requirements for the change of ownership are the same as outlined in this section.
(f) A pharmacy license registers the pharmacy to which it is issued only at the location specified on the application and is not transferable.
(g) The Board shall be notified in writing at least thirty (30) days before a pharmacy change of address. The new location shall be inspected by the Board prior to issuance of an amended pharmacy license for the new location. The new location must meet all requirements for a new or remodeled pharmacy, as noted in this chapter.
(h) All licenses and certificates issued by the Board shall be displayed in a prominent place in the facility and always in view of the public.
(i) Resident Pharmacy Licenses shall indicate 'Institutional' or 'Retail.'
(a) All retail pharmacies operating in this State must meet the following requirements:
(i) The pharmacy shall include a sink with a hot and cold water supply, exclusive of restroom facilities, with adequate sewage disposal;
(ii) The pharmacy shall be properly lighted and ventilated. The temperature of the pharmacy shall be maintained within a range compatible with the proper storage of pharmaceuticals;
(iii) The pharmacy shall have adequate shelving; there shall be adequate counter space; the working surface shall be kept clear and uncluttered at all times for the preparation or compounding of prescriptions to meet the requirements of the pharmacy. Any pharmacy where compounding prescriptions occurs must meet the structural and equipment requirements identified in Chapter 13 of these rules;
(iv) A fax machine or similar electronic equipment capable of producing an identical document shall be located in the pharmacy;
(v) A separate refrigerator located in the pharmacy, with sufficient capacity to serve the needs of the pharmacy, equipped with a thermometer which provides a storage temperature of 36-46 degrees Fahrenheit (2-8 degrees Centigrade). The use of such refrigerator shall be limited to the storage of drugs. If a freezer compartment is utilized, it must maintain a temperature of -13 to 14 degrees Fahrenheit (-20 to -10 degrees Centigrade);
(vi) Class A prescription balance or electronic scale with 10 mg sensitivity if the pharmacy participates in compounding. Pharmacies that do not compound or do not dispense are not required to obtain or maintain a prescription balance or electronic scale;
(vii) A professional reference library (text or electronic format) that shall include the following:
(A) Current Wyoming pharmacy laws;
(B) Current edition of Facts and Comparisons or a comparable reference accepted by the Board;
(C) Current drug interaction text that provides, at a minimum, quarterly updates;
(D) Wyoming State Board of Pharmacy quarterly newsletter by access to the Board website; and (E) The current edition (as incorporated by reference in this Chapter), with supplements, of the U.S. Food and Drug Administration (FDA) “Orange Book” or an alternate reference that provides the same information as the FDA “Orange Book.” Proven access to the Board website link to the Orange Book meets this requirement.
(viii) Pharmacies must maintain adequate security to deter theft of drugs by personnel or public. Security requirements for new or remodeled pharmacies must meet the requirements of this chapter. No person other than the pharmacist, intern or technician employed by the pharmacy shall be permitted in the pharmacy without the express consent of the PIC. If the pharmacy is located in a facility in which the public has access and the pharmacy’s hours of operation are different from the rest of the facility, the pharmacy must be designed so that it can be securely locked and made inaccessible when the pharmacy is not open;
(ix) The pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be clean and in good operating condition;
(x) If automated counting devices are utilized, the pharmacy shall have a method to calibrate and verify the accuracy of the automated counting device and shall verify the accuracy and document doing so on a quarterly basis;
(xi) Consecutive numbering of all prescriptions must be maintained, along with appropriate printing equipment to product prescription drug labels; and
(xii) In addition to the requirements identified in this chapter, all pharmacies involved in the preparation of sterile compounded products must meet the requirements of Chapter 17 of these rules.
(b) In addition to the requirements of this chapter, except for a change of ownership of an existing pharmacy, an individual or business who opens a new pharmacy or remodels an existing retail pharmacy shall provide to the Board staff no later than thirty (30) calendar days prior to commencing construction or remodeling the pharmacy, a set of blueprints or other acceptable documents, which indicate the physical layout of the planned or remodeled pharmacy.
(c) The proposed new pharmacy or pharmacy to be remodeled shall meet the following minimum standards:
(i) The pharmacy shall consist of no less than 500 square feet;
(ii) The pharmacy shall include an identified counseling area, which is apart from the cash register, apart from the prescription “pick up” area, and offers sufficient privacy for counseling. A separation of three (3) feet is the minimum space between patients to allow for privacy during counseling. Pharmacies that do not provide prescription services to “Walk-in” customers are not required to have a counseling area;
(iii) Located within the pharmacy, but not counted in the square footage requirements of the pharmacy, shall be restroom facilities, access to which shall be limited to pharmacy staff;
(iv) Access to the pharmacy shall be secured as follows:
(A) If the pharmacy is located within another business, which does not have identical hours of operation, the pharmacy shall be secured with solid core or metal doors with a deadbolt and a locking doorknob. If glassed areas are utilized, then adequate intrusion detectors must be in place. Pharmacy walls must extend to the roof or provide security acceptable to the Board. The pharmacy shall meet all other applicable federal or state regulations concerning security access.
(B) Those pharmacies not included in (A) shall be secured with solid core, metal or safety glass exterior doors secured with a deadbolt, and must utilize an adequate intrusion detector. If the pharmacy shares a common wall with another business, this wall must extend to the roof. The pharmacy shall meet all other applicable federal or state regulations concerning security access.
(v) A separate refrigerator, sufficient in capacity to serve the needs of the pharmacy staff, shall be available for storage of employees' food or beverage. This refrigerator shall be identified for 'Employee Use Only'; and
(vi) All prescription data shall be processed utilizing electronic data processing equipment and shall be sequentially numbered. There shall be adequate computer terminals and printers available to process anticipated prescription volume for the new or remodeled pharmacy.
(d) Upon written request, and for good cause, the Board may waive any of the requirements of this chapter. A waiver that is granted under this section shall only be effective when issued by the Board in writing.
(e) For a change in ownership of a retail or institutional pharmacy, the Board shall be notified at least twenty-one (21) days before the change.
(a) Any pharmacy operating from outside this State that ships, mails or delivers, in any manner, a dispensed prescription drug or legend drug to a patient in this State shall obtain and hold a non-resident pharmacy license and, if applicable, a controlled substance registration.
(b) Said pharmacy license and controlled substance application shall be on forms supplied by the Board staff and shall be accompanied by the following information:
(i) A copy of the pharmacy license from the state of residence; (ii) A copy of the latest inspection report from the state of residence; (iii) A copy of current DEA registration; (iv) A list of partners, members, or principal officers and registered agent for service of process, if any; and (v) A list of all registered pharmacists and pharmacy technicians, specifying the PIC.
(c) Pharmacy license and controlled substance registrations shall be renewed annually by July 1.
(d) The Board office shall be notified of any change in ownership or PIC within thirty (30) days.
(e) Each non-resident pharmacy shall comply with statutory or regulatory requirements of the Board including, but not limited to, the “Wyoming Drug Identification Act” (W.S. § 33-24-201 through 204) and the “Wyoming Generic Substitution Act” (W.S. § 33-24-146 through -151).
(f) Each non-resident pharmacy shall maintain records of all prescriptions dispensed to patients in the State in readily retrievable form.
(g) Each non-resident pharmacy shall maintain pharmacy hours that permit the timely dispensing of prescriptions to patients in this State and provide a toll-free telephone service to facilitate communication between patients in this State and a pharmacist who has access to patient records.
(h) Counseling shall be accomplished on new prescriptions either verbally or by written information accompanying the dispensed prescription.
(i) The Board may revoke, deny, or suspend the license and registration of any non-resident pharmacy for violations of W.S. § 33-24-152 and this chapter.
Section 12. Resident Retail Pharmacy Closure or Change of Ownership.
(a) Resident Retail Pharmacy Closure. Not less than twenty-one (21) days prior to a resident retail pharmacy, licensed by the Board, permanently ceasing operation, the Board shall receive written notice of the following:
(i) The last day the retail pharmacy will be open for business;
(ii) The proposed disposition of all prescription files, both hard copy and electronic records;
(iii) The proposed disposition of all prescription drug inventory, including controlled and non-controlled prescription drug products;
(iv) The proposed method of communicating to the public the last day the pharmacy will be open for business, the location of prescription records after the pharmacy closes, and how the patients can arrange for transfer of their prescription records to a pharmacy of their choice. Included in this communication shall be a description of the method of transfer of prescription records, including the last day a transfer may be made from the pharmacy closing and the initial date the prescription may be transferred from the pharmacy that acquired the prescription records. Communication to the public must begin no later than fourteen (14) days prior to the last day the pharmacy will be open for business;
(v) If prescription records are not transferred to another pharmacy, the name, address and telephone number of the custodian of prescription records must be provided. Prescription records must be maintained for two (2) years from the date of closure;
(vi) The scheduled date to have all signage removed from the exterior and interior of the building that includes the wording “drug,” “pharmacy,” “drugstore,” “Rx,” “Apothecary” or other terms or symbols that might indicate or signify by any advertising medium that such an establishment is a licensed pharmacy;
(vii) The name, address and telephone number of the custodian of records for the following documents, which must be maintained for two (2) years from the date of closure:
(A) Completed DEA 222 forms or retrievable electronic equivalent;
(B) Invoices for purchases of Schedule III, IV and V controlled substances; and
(C) Patient signature logs.
(viii) The date the Drug Enforcement Administration (DEA) was contacted regarding the closure and that all invoices and DEA 222 forms referencing the sale of controlled substances at closure, blank DEA 222 forms, and the DEA registration certificate were returned to the regional DEA office;
(ix) At the close of business on the last day the retail pharmacy is open for business, a controlled substance inventory, including all Schedule II, III, IV and V controlled substances, shall be taken. This inventory shall be dated and signed by the PIC. A copy shall be provided to the Board;
(x) An inspection of the pharmacy shall be conducted by the Board after the retail pharmacy has closed for business and all prescription drug stock has been removed. At the time of inspection, the following documents shall be provided to the Compliance Officer:
(A) A copy of the final controlled substance inventory;
(B) Documentation, as noted in this chapter, regarding notification to the public of the closure of the retail pharmacy;
(C) The Wyoming retail pharmacy license;
(D) Documentation of the transfer of all prescription drug inventory (controlled and non-controlled) to a third party authorized to have such possession of inventory. Under no circumstance may prescription drug inventory remain in the possession of a person or business not authorized by law to have possession; and
(E) Any changes to information previously provided to the Board as required in this chapter.
(xi) It is unprofessional conduct for a retail pharmacy to close in a manner other than that prescribed in this chapter; and
(xii) If a retail pharmacy purchases the patient prescription records (electronic and hard copy prescription), those records shall be maintained by the acquiring retail pharmacy for a minimum of two (2) years from the date of closure.
(b) Resident Retail Pharmacy Change of Ownership. When a change of ownership necessitates a change of DEA registration number, the following is required:
(i) Not less than twenty-one (21) days prior to a resident retail pharmacy, licensed by the Board, changing ownership, without closing, the Board shall receive written notice of the following:
(A) The last day the seller will have ownership of the retail pharmacy;
(B) The proposed disposition of all prescription files, including both hard copy and electronic records;
(C) The proposed transfer of the prescription drug inventory, including controlled and non-controlled prescription drug products;
(D) The proposed method of communicating to the public the change in ownership, not later than fourteen (14) days prior to the date the ownership will change;
(E) The name, address and telephone number of the custodian of records for the following documents of the seller, which must be retained for two (2) years from the date of the transfer of ownership:
(I) Completed DEA 222 forms or retrievable electronic equivalent;
(II) Invoice for purchases of Schedule III, IV and V controlled substances; and
(III) Patient signature logs.
(F) The date the DEA was contacted regarding the change of ownership and confirmation that all invoices and DEA 222 forms referencing the sale of controlled substances at closure, blank DEA 222 forms, and the DEA registration certificate were delivered to the regional DEA office.
(ii) At the close of business on the last date the pharmacy is under the prior ownership, a controlled substance inventory, including all Schedule II, III, IV and V controlled substances shall be taken. This inventory shall be dated and signed by the PIC from the prior and the new ownership. A copy shall be provided to the Board;
(iii) An inspection of the pharmacy shall be conducted by the Board after the change in ownership. The following documents shall be provided to the Compliance Officer:
(A) Documentation of the transfer of all controlled and non-controlled prescription drug inventory will be provided to the Board. Under no circumstances may prescription drug inventory remain in the possession of the person or business not authorized to have possession;
(B) The Wyoming retail pharmacy license of the prior owner;
(C) Any changes to information previously provided to the Board as required in this chapter;
(D) Information necessary to process a new Wyoming retail pharmacy license, including information about the new PIC; and
(E) Information necessary to process a new Wyoming controlled substance registration and federal DEA registration.
(iv) It is unprofessional conduct for a retail pharmacy to transfer ownership in a manner other than that prescribed in this chapter.
(a) Not less than twenty-one (21) days prior to an institutional pharmacy licensed by the Board permanently ceasing operation, the Board shall receive written notice of the following:
(i) The last day the institutional pharmacy will be open for business;
(ii) The proposed disposition of all prescription drug inventory including controlled and non-controlled prescription drug products;
(iii) The name, address and telephone number of the custodian of records for the following documents, which must be maintained for two (2) years from the date of closure:
(A) Completed DEA 222 forms or retrievable electronic equivalent;
(B) Invoices for purchases of Schedule III, IV and V controlled substances; and
(C) Patient specific records.
(iv) The date the DEA was contacted regarding the closure and confirmation that all invoices and DEA 222 forms referencing the sale of controlled substances at closure, blank DEA 222 forms and the DEA registration certificate were delivered to the regional DEA office.
(b) At the close of business on the last day the institutional pharmacy is open for business, a controlled substance inventory, including all Schedule II, III, IV and V controlled substances shall be taken. This inventory shall be dated and signed by the PIC. A copy shall be provided to the Board.
(c) An inspection of the pharmacy shall be conducted by the Board after the institutional pharmacy has closed for business and all prescription drug stock has been removed. At the time of inspection, the following documents shall be provided to the Compliance Officer:
(i) A copy of the final controlled substance inventory;
(ii) The Wyoming institutional pharmacy license;
(iii) Documentation of the transfer of all prescription drug inventory (controlled and non-controlled) to a third party authorized to have such possession of inventory. Under no circumstances may prescription drug inventory remain in the possession of a person or business that is not authorized by law to have possession; and (iv) Any changes to information previously provided to the Board, as required in this chapter.
(d) It is unprofessional conduct for an institutional pharmacy to close in a manner than that prescribed in this chapter.