Wyo. Code R. 059-0001-1
Pharmacy, Board of
Chapter 1: Rules of Practice and Procedure
Effective Date: 05/16/2017 to 12/19/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 059.0001.1.05162017
These rules are promulgated as authorized by the Wyoming Pharmacy Act W.S. § 33-24-101 through -301.
To describe procedures for applications and investigations.
Applies to all applicants and licensees.
(a) 'Act' means the Wyoming Pharmacy Act, W.S. § 33-24-101 through -301.
(b) 'Application Review Committee' (ARC) means the Executive Director, at least one Board member, and a Board Compliance Officer.
(c) 'Board' means the Wyoming State Board of Pharmacy.
(d) 'Contestant' means the person, persons, firm or corporations who are licensed under the jurisdiction of the Board against whom a proceeding by petition, verified complaint in writing or formal notice, alleging violation directly or indirectly of any of the terms and provisions of the Act or of the lawful Rules and Regulations of the Board or any related acts and resulting lawful rules and regulations (i.e. Controlled Substances Act, 1971).
(e) 'Contested Case' means any proceeding where legal rights, duties or privileges of a party are required by law to be determined by the Board.
(f) 'Executive Director' means the Executive Director of the Board.
(g) 'License' means the whole or part of any Board permit, certificate, approval, registration or similar form of permission required by law. License does not include a license required solely for revenue purposes.
(h) 'Prosecuting Attorney' means the Assistant Attorney General assigned to the Board to represent the Executive Director in contested cases.
(i) 'Staff' means the personnel of the Board.
(a) Upon receipt of a completed application, the Staff shall review the application and if it is complete and, if there are no grounds for denial, issue the license. If grounds for denial exist, the Staff shall forward the application for review by the Prosecuting Attorney.
(b) The Prosecuting Attorney shall review the application and all other information available and following the review shall:
(c) If, after review, the ARC recommends denial of an application:
(ii) If the applicant fails to request reconsideration in writing within thirty (30) days of the preliminary denial letter, the preliminary denial becomes final.
(iii) If the applicant requests reconsideration within thirty (30) days, an informal reconsideration conference shall be held between the ARC, the Prosecuting Attorney, and the applicant.
(iv) Following the informal reconsideration conference, the ARC shall either approve or deny the application.
(v) If denied, the applicant must submit a request in writing for a hearing within thirty (30) days of the date of the denial letter.
(vi) If the applicant fails to request a hearing in writing within thirty (30) days of the date of the denial letter, the denial becomes final.
(d) Application denial hearings.
(i) An application denial hearing is a formal contested case hearing conducted before the Office of Administrative Hearings (OAH) pursuant to the Wyoming Administrative Procedure Act W.S. § 16-3-107 through -113 and Office of Administration Rules.
(ii) The applicant has the burden of proving that he/she meets all requirements for the license requested.
(e) The ARC may attend hearings, but shall not take part in the consideration of any contested case.
(a) A complaint concerning an alleged violation of the Act must be submitted in writing to the Board. The written complaint shall provide the following information:
(i) The name and address of the complainant;
(ii) The name, address, place of employment, and telephone number of the license holder against whom the charges are made, if available and applicable;
(iii) The specific conduct alleged to constitute the violation;
(iv) The name and address of any witnesses; and
(v) The notarized signature of the complainant.
(b) Written complaints shall be referred for investigation to the Board Compliance Officer or to an Investigative Board Member (IBM) selected by Staff from a rotating schedule.
(i) The IBM shall not take part in the consideration of any contested case.
(ii) The IBM shall not, by this rule, be barred from attending any disciplinary hearing.
(c) License holders against whom charges are made shall be advised of the investigation and the nature of the complaint.
(a) Upon completion of the investigation, the Board Compliance Officer shall prepare an investigative report which includes:
(i) The findings of the investigation;
(ii) A list of statutes and/or Board rules violated; and
(iii) Any relevant additional information.
(b) The Executive Director shall forward the report and recommendations to the Prosecuting Attorney for review.
(c) Following consultation with the Prosecuting Attorney, the Executive Director shall:
(i) Send the notice required by Section 6;
(ii) Prepare and file a formal petition and notice of hearing setting the matter for a contested case hearing before the Board;
(iii) Recommend the Board accept an offer of conditional terms for settlement; or
(iv) Recommend the Board dismiss the complaint.
(d) The Board may resolve a complaint at any time prior to a contested case hearing by:
(i) Accepting voluntary surrender of a license;
(ii) Accepting conditional terms for settlement; or
(iii) Dismissing the complaint.
Section 8. Service of Notice and Opportunity to Show Compliance.
Prior to commencement of a formal hearing, the Executive Director shall notify the licensee by certified mail of the intent to proceed with disciplinary action. The notice shall give the license holder an opportunity to contest the violations referred to in the Notice or to accept the proposed settlement agreement within twenty (20) days of receipt of the notice
Section 9. Incorporation by reference.
(a) For any code, standard, rule or regulation incorporated by reference in this Chapter:
(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section; and
(iii) The incorporated code, standard, rule or regulation is maintained at Board's office and is available for public inspection and copying at cost at the same location.
(b) Each code, standard, rule or regulation incorporated by reference in this Chapter is further identified as follows:
(i) Chapter 2 – Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf.
(ii) Chapter 2 – Uniform Procedures, Fees, Costs and Charges for Inspecting, Copying and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at http://pharmacyboard.state.wy.us.