Any controlled substance included in schedules II to V of ch. 961
, whether by statute or rule, except substances which by law may be dispensed without the prescription order of a practitioner. Controlled substances are included within this definition for purposes of s. 450.11 (3)
, (4) (a)
only and for violations thereof punishable under s. 450.11 (9)
"Prescription order" means an order transmitted orally, electronically or in writing by a practitioner for a drug or device for a particular patient.
"Vaccination protocol" means a written protocol agreed to by a physician, as defined in s. 448.01 (5)
, and a pharmacist that establishes procedures and record-keeping and reporting requirements for the administration of a vaccine by a pharmacist for a period specified in the protocol that may not exceed 2 years.
Vitamins not intended for use in the diagnosis, cure, investigation, treatment, or prevention of diseases are not drugs under this section. 66 Atty. Gen. 137.
Pharmacy examining board. 450.02(1)
The department shall keep a record of the proceedings and a register of the names and places of practice or business of pharmacies, manufacturers, distributors and other persons licensed under this chapter, and the books, registers and records of the department shall be prima facie evidence of the matters recorded.
The board shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s. 450.05
The pharmacy examining board shall, after consultation with the medical examining board and the board of nursing, promulgate rules that establish criteria for approving courses under ss. 450.035 (1r)
and 450.085 (1)
The board shall promulgate rules that establish requirements and procedures for the administration of a drug product or device, as defined in s. 450.035 (1g)
, by a pharmacist under s. 450.035 (1r)
. Notwithstanding s. 15.08 (5) (b)
, the board may promulgate rules under this paragraph only if the rules are identical to rules recommended by the pharmacist advisory council. The board may amend or repeal rules promulgated under this paragraph only upon the recommendation of the pharmacist advisory council.
The board shall periodically prepare and distribute letters, bulletins or other types of notice to pharmacists that identify the courses that are approved for purposes of ss. 450.035 (1r)
and 450.085 (1)
The board may promulgate rules:
Relating to the manufacture of drugs and the distribution and dispensing of prescription drugs.
Establishing security standards for pharmacies.
Relating to the manufacture, distribution and dispensing of hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting a drug.
Necessary for the administration and enforcement of this chapter and ch. 961
Establishing minimum standards for the practice of pharmacy.
Establishing procedures for identifying pharmacists impaired by alcohol or other drugs or physical or mental disability or disease and for assisting those pharmacists in obtaining treatment.
The board may not promulgate a rule which does any of the following:
Limits to a pharmacist the authority to sell or in any way interferes with the sale of nonnarcotic nonprescription drugs that are prepackaged for consumer use and labeled in compliance with all applicable state and federal laws.
Pharmacist advisory council.
The pharmacist advisory council shall recommend rules for promulgation by the board under s. 450.02 (2g) (b)
and may recommend the amendment or repeal of any rules promulgated under s. 450.02 (2g) (b)
. A unanimous vote of the members of the pharmacist advisory council is required for the council to make a recommendation under this section.
History: 1997 a. 68
; 1997 a. 237
Pharmacist; licensure. 450.03(1)
No person may engage in the practice of pharmacy or use the title "pharmacist" or sell, give away or barter drugs unless the person is licensed as a pharmacist by the board. This subsection does not apply to:
The sale of any nonprescription drug product, in an original unbroken package, which complies with 21 USC 301
The delivery of complimentary samples of drug products or devices to a practitioner by a manufacturer or its agent acting in the usual course of business.
Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice professional or practical nursing or nurse-midwifery under ch. 441
, to practice dentistry or dental hygiene under ch. 447
, to practice medicine and surgery under ch. 448
, to practice optometry under ch. 449
or to practice veterinary medicine under ch. 453
, or as otherwise provided by statute.
The board shall issue a license as a pharmacist to any person who files satisfactory proof of qualifications under s. 450.04 (3)
, passes the examination under s. 450.04
and pays the fee specified in s. 440.05 (1)
, except as provided under s. 450.10
Administration of drug products and devices; vaccines. 450.035(1g)(1g)
In this section, "drug product or device" does not include a vaccine.
A pharmacist may not administer by injection a prescribed drug product or device unless he or she has successfully completed a course of study and training in injection technique conducted by a course provider approved by the American Council on Pharmaceutical Education or the board. A pharmacist may administer a prescribed drug product or device under this subsection only in the course of teaching self-administration techniques to a patient. A pharmacist who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under s. 450.02 (2g) (b)
A pharmacist may not administer a vaccine unless he or she has successfully completed 12 hours in a course of study and training, approved by the American Council on Pharmaceutical Education or the board, in vaccination storage, protocols, injection technique, emergency procedures and record keeping and has satisfied the requirements specified in sub. (2t)
. A pharmacist may not administer a vaccine under this subsection to a person who is under the age of 18.
A pharmacist may not delegate to any person any administration of a prescribed drug product or device or vaccine under sub. (1r)
A pharmacist may not administer a vaccine under sub. (2)
unless he or she satisfies each of the following:
The pharmacist has in effect liability insurance against loss, expense and liability resulting from errors, omissions or neglect in the administration of vaccines in an amount that is not less than $1,000,000 for each occurrence and $2,000,000 for all occurrences in any one policy year.
The pharmacist maintains proof that he or she satisfies the requirement specified in par. (a)
and, upon request, provides copies of such proof to the department or the board.
A pharmacist who successfully completes a course of study and training specified in sub. (1r)
shall maintain proof of completion and, upon request, provide copies of such proof to the department or the board.
History: 1997 a. 68
; 1997 a. 237
Examinations for licensure as a pharmacist shall be designed to determine whether an applicant is competent to engage in the practice of pharmacy.
Examinations shall be conducted at least semiannually.
Every candidate for examination for licensure as a pharmacist shall submit an application on a form provided by the department and pay the fee specified in s. 440.05 (1)
at least 30 days before the date of examination. Every candidate shall also submit proof to the board that he or she:
Has received a professional degree from a pharmacy program approved by the board; and
Has completed an internship in the practice of pharmacy under s. 450.045
or has practical experience acquired in another state which is comparable to that included in the internship and which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired.
Post-examination review with applicants discussed. 68 Atty. Gen. 48.
Internships in the practice of pharmacy shall be conducted under the general supervision and according to the procedures and standards of the pharmacy internship board.
Internships shall consist of practical experience in the responsibilities of a pharmacist and shall be conducted under the supervision of a pharmacist approved by the pharmacy internship board.
The director of the pharmacy internship program shall determine when an applicant has completed an internship and shall notify the board of all applicants who have completed internships.
Pharmacist licensed in other state; licensure.
The board may, upon application and payment of the fee specified in s. 440.05 (2)
, license as a pharmacist any person who is licensed in another state if the person produces satisfactory evidence of having met requirements comparable to those that existed in this state at the time the person became licensed in the other state. The board shall not license as a pharmacist under this section any person whose license to practice pharmacy in another state has been voluntarily surrendered, limited, suspended or revoked. The board may require an applicant under this section to pass an equivalency examination administered by the board. If the board requires an equivalency examination, any person licensed as a pharmacist in another state who is engaged in the active practice of pharmacy may only be required to pass an examination on state and federal laws, rules and regulations.
History: 1985 a. 146
This chapter applies to out-of-state pharmacies that regularly and continually solicit mail orders for retail sale of prescription drugs to Wisconsin residents. 72 Atty. Gen. 121
Pharmacy; licensure. 450.06(1)(1)
No pharmacist may dispense at any location which is not licensed as a pharmacy by the board. No person may use or display the title "pharmacy", "drugstore", "apothecary" or any other title, symbol or insignia having the same or similar meanings, except for a place of practice which is licensed as a pharmacy by the board.
The board shall issue a license to operate a pharmacy at a specific location if:
An application is made on forms provided by the board showing all of the following:
The name and address of the person holding title and ownership control of the location.
The location of the pharmacy is inspected and found to meet all the requirements of this chapter.
The board may request, but may not require, that practice-related information be submitted on the application under sub. (2) (a)
No pharmacy may be opened or kept open for practice following a change of ownership or change of location unless the pharmacy is licensed for the new owner or at the new location, notwithstanding any remaining period of validity under the pharmacy's license under the previous owner or at the previous location.
Any person who fails to license his or her place of practice as required under this section may be assessed a forfeiture of not less than $25 nor more than $50 for each separate offense. Each day of violation constitutes a separate offense.
History: 1985 a. 146
; 1991 a. 39
Manufacturers and distributors; licensure. 450.07(1)(1)
No person may engage in manufacturing in this state unless the person obtains a manufacturer's license from the board. For the issuance of a license under this subsection, the applicant shall pay the fee specified in s. 440.05 (1)
No person may engage in the sale or distribution at wholesale of a prescription drug or device in this state without first obtaining a distributor's license from the board. For the issuance of a license under this subsection, the applicant shall pay the fee specified in s. 440.05 (1)
No manufacturer or distributor may sell or distribute a prescription drug or device at wholesale to any person other than:
Persons who procure prescription drugs or devices for the purpose of lawful research, teaching or testing and not for resale.
Hospitals and other institutions which procure prescription drugs or devices for administration to patients.
Officers or employees of the federal government who are authorized to receive prescription drugs or devices in the performance of their official duties.
The issuance of licenses under this section is subject to rules the board adopts for the protection of the public health and safety.
The board shall adopt rules prescribing minimum standards for manufacturing and distributing drugs.