Wyo. Code R. 059-0002-4
Commissioner of Drugs & Substances Control
Chapter 4: Records and Inventories of Registrants
Effective Date: 05/16/2017 to Current
Rule Type: Current Rules & Regulations
Reference Number: 059.0002.4.05162017
(a) These regulations are promulgated as authorized by the Wyoming Controlled Substances Act; W.S. 35-7-1001 through -1101.
To maintain the records and inventories and file reports as required by W.S. 35-7-1028.
Applies to all registrants.
(a) Each registered manufacturer, distributor, importer, and narcotic treatment program shall maintain inventories and records of controlled substances.
(b) Each registered individual practitioner shall keep records with respect to controlled substances which he prescribes or administers. Said practitioner shall keep additional records of such substances which he dispenses.
(c) Each registered pharmacy shall maintain records of controlled substances as follows:
(i) Schedules I and II shall be maintained separately from all other records of the pharmacy, and prescriptions for such substances shall be maintained in a separate written or electronic prescription file in consecutive numbers or by date.
(ii) Schedules III-V shall be maintained separately from all other records of the pharmacy and prescriptions for such substances shall be maintained in separate written or electronic prescription files for controlled substances in consecutive numbers or by date.
(iii) All written or electronic invoices for controlled substances shall be dated and signed when received by the pharmacist in charge or his/her designated agent. Invoices shall be maintained on file for two years and readily available for inspection by the Board.
(iv) All retail and institutional pharmacies shall maintain a perpetual inventory for all Schedule II controlled substances. This inventory shall be reconciled no less than once a quarter. Discrepancies discovered during reconciliation shall be reported to the Board within ten (10) calendar days of discovery. Only those discrepancies which are considered a significant loss or gain shall be reported. For the purpose of this section, a significant loss or gain shall exist whenever the actual inventory differs from the recorded inventory by more than five percent (5%) for any drug product.
(d) All required records shall be kept by the registrant and be made available for at least two (2) years from the date of record.
Every registrant required to keep records shall take a physical inventory count of controlled substances during the first seven (7) days of May of each year or other date approved by the Board.
(a) Each inventory shall contain a complete and accurate record of all controlled substances on hand on the date the inventory is taken.
(b) A separate inventory shall be made by a registrant for each registered address. Each inventory shall be kept at the registered location for which it is taken.
(c) A registrant may take an inventory either at the opening or close of business on the inventory date. The registrant shall indicate the time the inventory was taken on the inventory record.
(d) An inventory must be maintained in a legible written or printed form.
(e) Each registered pharmacy shall forward one (1) copy of the annual inventory to the office of the Board of Pharmacy, including the name of the pharmacy, date and time the inventory was taken, and the signature of the responsible person(s).
The order forms may be obtained only by those persons registered to handle controlled substances in Schedules I and II.
(a) An order form may be executed only by or on behalf of the registrant named thereon and only if his registration is current.
(b) Order forms issued by the DEA will be serially numbered and issued with the name, address and registration number of the registrant, the authorized activity and the schedules of the registrant. This information cannot be altered or changed in any manner.
(c) Order forms shall be prepared using a typewriter, pen or the electronic equivalent.
(d) A registrant may authorize another individual to obtain and execute an order form on his behalf by executing a power of attorney. The power of attorney shall be filed with and retained for the same period as any order form bearing the signature of the grantor. The power of attorney shall be available for inspection.
(e) The purchaser registrant shall submit Copy 1 and Copy 2 of the order form to the supplier and retain Copy 3 with his own records. The supplier shall enter the suppliers DEA registration number, number of packages shipped, and the date shipped on Copies 1 and 2. If the supplier is another local registrant (not a registrant manufacturer or distributor), Copy 2 may be forwarded directly to the DEA Regional Office or the office of the Board of Pharmacy.
(f) The purchaser registrant shall record on Copy 3 of the order form the number of containers received on each item of the order form and the date received.
(g) Order forms and attached corresponding invoices shall be maintained separately from all other records of the registrant for a period of two years. Order forms shall be available for inspection during that time.
(h) The Controlled Substance Ordering System (CSOS) is authorized.
(a) The retail sale of non-liquid methamphetamine precursor drugs or liquid products with ephedrine or pseudoephedrine as the sole active ingredient shall be limited to amounts as specified in W.S. § 35-7-1059.
(b) The seller shall maintain a written or electronic list of such sales (logbook) as described in W.S. § 35-7-1059.
(c) The sale shall be documented as follows:
(i) The prospective purchaser shall present photo identification in accordance with W.S. § 31-7-111 and W.S. § 8-7-101.
(ii) The prospective purchaser shall sign the logbook and enter in the logbook his or her name, address and the date and time of the sale.
(iii) The seller shall determine that the name entered in the logbook corresponds to the name provided on such identification and that the date and time entered are correct.
(iv) The seller shall enter into the logbook the name of the product and the quantity sold.
(d) The logbook shall contain a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchaser to criminal penalties under 18 U.S.C. § 1001 and such notice must specify the maximum fine ($250,000.00) and term of imprisonment (5 years).