§ 33-24-152 — Nonresident pharmacy registration; requirements for registration; fees; renewal; denial, letter of admonition, administrative penalty, revocation or suspension; advertising

(a) Any pharmacy located outside this state which ships,
mails or delivers, in any manner, controlled substances or
prescription drugs or devices into this state pursuant to a
prescription or provides pharmaceutical care to a resident of
this state shall be considered a nonresident pharmacy, shall
obtain a license from the board, and shall:
(i) Repealed by Laws 2005, ch. 215, § 2.
(ii) Comply with all directions and requests for
information from the regulatory or licensing agency of the state
in which it is licensed as well as with all requests for
information made by the board pursuant to this section. The
nonresident pharmacy shall maintain, at all times, a valid
unexpired license, permit or registration to conduct the
pharmacy in compliance with the laws of the state in which it is
a resident;
(iii) Maintain its records of controlled substances
or dangerous drugs or devices dispensed to patients in this
state so that the records are readily retrievable from the
records of other drugs dispensed;
(iv) Comply with all requirements of the Wyoming
Generic Drug Substitution Act;
(v) 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;
(vi) Immediately notify the board of the occurrence
of any of the following:
(A) Permanent closing of pharmacy operations;
(B) Change in pharmacy ownership, name,
management, location or pharmacist in charge;
(C) Conviction of a pharmacy owner or employee
for a felony under 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) Any pharmacy subject to this section shall, during its
regular hours of operation, but not less than six (6) days per
week, and for a minimum of forty (40) hours per week, provide a
toll free telephone service to facilitate communication between
patients in this state and a pharmacist at the pharmacy who has
access to the patient's records. This toll free number shall be
disclosed on a label affixed to each container of drugs
dispensed to patients in this state.
(c) A pharmacy applying for licensure under this section
shall be charged the fee specified in W.S. 33-24-112(a)(iii).
(d) A nonresident pharmacy license under this section
shall be renewed annually on or before June 30 by submitting a
renewal application to the board.
(e) The board may deny, suspend, revoke or refuse to renew
a license issued under this section, may issue a letter of
admonition to a nonresident pharmacy licensee and may assess an
administrative penalty, not to exceed two thousand dollars
($2,000.00) per violation, against a nonresident pharmacy
licensee on any of the following grounds:
(i) Failure to comply with any requirement of the
pharmacy practice act of the state of domicile or the Wyoming
Controlled Substances Act. Upon a determination by the board's
executive director that the pharmacy practice act of the state
of domicile is less protective of the public than the provisions
of this act and could endanger the public health, safety or
welfare, the executive director before any adverse action
pursuant to this paragraph shall provide notice of the
noncompliance to the nonresident pharmacy and afford a
reasonable opportunity to cure the noncompliance;
(ii) Failure to comply with rules and regulations of
the board or regulatory body of the jurisdiction in which the
pharmacy is located. Upon a determination by the board's
executive director that the rules and regulations of the state
of domicile are less protective of the public than the
provisions of the board's rules and regulations and could
endanger the public health, safety or welfare, the executive
director before any adverse action pursuant to this paragraph
shall provide notice of the noncompliance to the nonresident
pharmacy and afford a reasonable opportunity to cure the
noncompliance;
(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 by a board of pharmacy against the
licensee 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 nonresident 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
regulatory authority in the state where the pharmacy is located;
(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.
(f) Repealed by Laws 2005, ch. 215, § 2.
(g) It is unlawful for any nonresident pharmacy which is
not licensed by the board to advertise its services in this
state, or for any person to advertise the pharmacy services of a
nonresident pharmacy which has not been licensed by the board,
with the knowledge that the advertisement will or is likely to
induce members of the public in this state to use the pharmacy
to fill prescriptions. Any person convicted of violating this
subsection shall be subject to the penalties provided by W.S.