Wyoming Regulations

Wyoming State Regulatory Update April 2019

HB 0063 - relating to regulation of pharmacy benefit managers under the insurance code; providing that a pharmacy benefit manager shall not prohibit or penalize disclosure of prescription cost information or affordable alternatives; and providing for an effective date.

A pharmacy benefit manager may not, by contract or otherwise, prohibit or penalize a pharmacy or pharmacist for:

• Disclosing information to a covered individual regarding any cost differential that the covered individual must pay for a prescription under the individual's prescription drug benefit or outside of the individual's prescription drug benefit;
• Offering to a covered individual a more affordable alternative if one is available.

SF 0047 - AN ACT relating to controlled substances; providing for specified boards regulating health care practitioners to require continuing education related to controlled substances; requiring electronic prescriptions for controlled substances; requiring practitioners to search the controlled substance prescription tracking program; exempting veterinarians from required use of the program; authorizing exceptions; requiring the state board of pharmacy to provide specified information from the prescription tracking program to providers and dispensers; and providing for an effective date.

33-26-202. Board; duties; general powers.

The board shall require licensees who are registered with the board of pharmacy to dispense a controlled substance in this state to complete one (1) hour of continuing education related to the responsible prescribing of controlled substances or the treatment of substance abuse disorders every two (2) years.

On and after January 1, 2021, except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance included in any schedule shall be dispensed without the electronic prescription of a practitioner. The prescription for a controlled substance included in Schedule III or IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner. The board may by rule and regulation provide exemptions from the requirements of this subsection including exemptions for emergencies and technical failures.

35-7-1060. Controlled substance prescription tracking program. Except as otherwise provided in this subsection, when a practitioner, other than a veterinarian, prescribes a schedule II, III, IV or V controlled substance, the practitioner or his delegate shall search the prescription tracking program for prior prescriptions issued to the patient before first issuing the prescription and shall repeat the search every three (3) months thereafter for as long as the controlled substance remains a part of the patient's treatment. A practitioner who prescribes a schedule V controlled substance shall only be required to search the program as otherwise provided in this subsection if the substance is an opioid. A dispenser, other than a veterinarian, shall electronically file with the board information regarding any prescription for a schedule II, III, IV or V controlled substance dispensed by the dispenser no later than the close of business on the business day immediately following the day the controlled substance was dispensed. The board may grant a reasonable time extension to a dispenser or practitioner who is unable to electronically file or search information as required under this subsection. The board may require the filing of other prescriptions and may specify the way the prescriptions are filed.

What does this mean for pharmacists practicing in the state of Wyoming?

• Pharmacists can now provide information to patients about potential affordable alternative products. This will result in more positive health outcomes and improved adherence to prescribed therapy. Ensure that proper documentation of the change occurs in the pharmacy system and that SOPs include this notification.
• Pharmacists must be aware of the many changes made to the dispensing of controlled substances and proper PDMP use, including the implementation of a mandatory electronic prescribing regulation. Ensure that policies reflect these changes and that all staff are adequately trained on the new requirements.

The following bills were passed by the Wyoming State Legislature in the 2018 General Session:

SF 75 - Biosimilar Pharmaceutical Product Substitution

This bill allows biosimilar products to be substituted by pharmacists if the product is considered "interchangeable" by the FDA. There is a specific process a pharmacist must do in this instance, notably giving the practitioner notice of the product used within 5 business days. If a product is considered biosimilar, but not interchangeable, then the prescriber must be notified and agreeable to any change in product prior to the prescription being dispensed.

What does this mean for pharmacists practicing within the state of Wyoming?

This law provides pharmacists with the ability to provide patients with more options for biosimilar products. Pharmacists must be educated on biosimilar products and their FDA "interchangeability" rating for those products. Practices must be in place for notification of the prescribing physician of any product changes. State product substitution regulations still apply.

For full regulatory language, refer to: