§ 33-24-113 — Licensing of resident pharmacy; exceptions; display of license; suspension, revocation, letter of admonition, administrative penalty or refusal to renew; appeals

Wyoming § 33-24-113

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 24: PHARMACY
• Art. 1: IN GENERAL

Text

(a) Any pharmacy located in this state which dispenses,
mails or in any manner delivers controlled substances or
prescription drugs or devices in this state pursuant to a
prescription or provides pharmaceutical care in this state
shall:
(i) Submit a license application to the board on a
form prescribed by the board and pay the license fee established
by the board in its rules and regulations. Where pharmaceutical
operations are conducted at more than one (1) location, each
location shall be separately licensed;
(ii) Notify the board of the occurrence of any of the
following:
(A) Permanent closing of the pharmacy;
(B) Change in pharmacy ownership, name,
management, location or pharmacist in charge;
(C) Conviction of any pharmacy owner or employee
for violation of any state or federal drug law;
(D) Any substantial theft or loss of dangerous
drugs, controlled substances or medical devices;
(E) Any other matter required to be reported by
rule and regulation of the board.
(b) The license shall be displayed in a conspicuous place
in the pharmacy for which it is issued, and shall be renewed
annually on or before June 30 by submitting a renewal
application to the board.
(c) It is unlawful for any person or commercial operation
to operate a pharmacy unless a license has been issued to the
operator by the board of pharmacy.
(d) The board may deny, suspend, revoke or refuse to renew
a license issued under this section, may issue a letter of
admonition to a resident pharmacy licensee and may assess an
administrative penalty, not to exceed two thousand dollars
($2,000.00) per violation, against a resident pharmacy licensee
on any of the following grounds:
(i) Failure to comply with any requirement of this
chapter or the Wyoming Controlled Substances Act;
(ii) Failure to comply with rules and regulations of
the board;
(iii) Conviction of a pharmacy owner, pharmacist in
charge, staff pharmacist or pharmacy technician for a felony
under any state or federal law, if the conviction is related to
the practice of pharmacy;
(iv) Obtaining any remuneration by fraud,
misrepresentation or deception;
(v) Suspension or revocation of a pharmacy license or
any other disciplinary action against the licensee by a board of
pharmacy in any other state;
(vi) Knowing submission of false, misleading or
fraudulent information to the board in connection with an
initial or renewal application for a resident pharmacy license;
(vii) Purchase or receipt of a prescription drug,
controlled substance or medical device from a source other than
a manufacturer, wholesaler or pharmacy licensed by the board;
(viii) Purchase or receipt of a prescription drug,
controlled substance or medical device that is not approved by
the federal food and drug administration;
(ix) Keeping the pharmacy open for business without a
licensed pharmacist in charge on site;
(x) Allowing a person who is not licensed by the
board to perform duties as a pharmacist, pharmacy technician or
pharmacy technician in training.
(e) Before any final adverse administrative action is
taken against a pharmacy licensee, the licensee is entitled to a
hearing by the board of pharmacy upon due notice of the time and
place where the hearing will be held. The accused may be
represented by legal counsel, is entitled to compulsory
attendance of witnesses and may appeal to the district court of
the county in which the pharmacy is situated, in accordance with
the Wyoming Administrative Procedure Act.
(f) Any administrative penalty assessed shall be paid to
the board who shall remit the monies to the county treasurer to
the credit of the public school fund of the county in which the
violation occurred.