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450.03 450.03 Pharmacist; licensure.
450.03(1) (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:
450.03(1)(a) (a) The offer to sell or sale of contraceptive articles, as defined under s. 450.155 (1) (a), by a registered nurse licensed under s. 441.06.
450.03(1)(b) (b) The sale of any nonprescription drug product, in an original unbroken package, which complies with 21 USC 301 to 392.
450.03(1)(c) (c) The sale of pesticides which comply with ss. 94.67 to 94.71.
450.03(1)(d) (d) 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.
450.03(1)(e) (e) 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.
450.03(2) (2) 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.
450.03 History History: 1985 a. 146; 1987 a. 264; 1991 a. 39.
450.035 450.035 Administration of drug products and devices; vaccines.
450.035(1g)(1g) In this section, "drug product or device" does not include a vaccine.
450.035(1r) (1r) 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).
450.035(2) (2) 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.
450.035(2m) (2m) A pharmacist may not delegate to any person any administration of a prescribed drug product or device or vaccine under sub. (1r) or (2).
450.035(2t) (2t) A pharmacist may not administer a vaccine under sub. (2) unless he or she satisfies each of the following:
450.035(2t)(a) (a) 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.
450.035(2t)(b) (b) 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.
450.035(3) (3) A pharmacist who successfully completes a course of study and training specified in sub. (1r) or (2) shall maintain proof of completion and, upon request, provide copies of such proof to the department or the board.
450.035 History History: 1997 a. 68; 1997 a. 237 s. 727m.
450.04 450.04 Examinations.
450.04(1)(1) Examinations for licensure as a pharmacist shall be designed to determine whether an applicant is competent to engage in the practice of pharmacy.
450.04(2) (2) Examinations shall be conducted at least semiannually.
450.04(3) (3) 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:
450.04(3)(a) (a) Has received a professional degree from a pharmacy program approved by the board; and
450.04(3)(b) (b) 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.
450.04 History History: 1985 a. 146; 1991 a. 39; 1997 a. 27; 1997 a. 237 s. 722u.
450.04 Annotation Post-examination review with applicants discussed. 68 Atty. Gen. 48.
450.045 450.045 Internship.
450.045(1)(1) 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.
450.045(2) (2) 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. 
450.045(3) (3) 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.
450.045 History History: 1985 a. 146; 1997 a. 27; 1997 a. 237 s. 722u.
450.05 450.05 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.
450.05 History History: 1985 a. 146.
450.05 Annotation 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.
450.06 450.06 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.
450.06(2) (2) The board shall issue a license to operate a pharmacy at a specific location if:
450.06(2)(a) (a) An application is made on forms provided by the board showing all of the following:
450.06(2)(a)1. 1. The location of the pharmacy.
450.06(2)(a)2. 2. A floor plan of the pharmacy.
450.06(2)(a)3. 3. The name and address of the person holding title and ownership control of the location.
450.06(2)(a)4. 4. The name of the managing pharmacist of the pharmacy under s. 450.09 (1).
450.06(2)(b) (b) The location of the pharmacy is inspected and found to meet all the requirements of this chapter.
450.06(2)(c) (c) The fee under s. 440.05 (1) is paid.
450.06(2m) (2m) The board may request, but may not require, that practice-related information be submitted on the application under sub. (2) (a).
450.06(3) (3) 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.
450.06(4) (4) 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.
450.06 History History: 1985 a. 146; 1991 a. 39.
450.07 450.07 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).
450.07(2) (2) 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).
450.07(3) (3) No manufacturer or distributor may sell or distribute a prescription drug or device at wholesale to any person other than:
450.07(3)(a) (a) Pharmacists.
450.07(3)(b) (b) Practitioners.
450.07(3)(c) (c) Persons who procure prescription drugs or devices for the purpose of lawful research, teaching or testing and not for resale.
450.07(3)(d) (d) Hospitals and other institutions which procure prescription drugs or devices for administration to patients.
450.07(3)(e) (e) Officers or employees of the federal government who are authorized to receive prescription drugs or devices in the performance of their official duties.
450.07(3)(f) (f) Distributors.
450.07(4) (4)
450.07(4)(a)(a) The issuance of licenses under this section is subject to rules the board adopts for the protection of the public health and safety.
450.07(4)(b) (b) The board shall adopt rules prescribing minimum standards for manufacturing and distributing drugs.
450.07 History History: 1985 a. 146; 1991 a. 39.
450.08 450.08 License renewal.
450.08(1)(1) The renewal date for all licenses granted by the board is specified under s. 440.08 (2) (a). Only a holder of an unexpired license may engage in his or her licensed activity.
450.08(2) (2)
450.08(2)(a)(a) A pharmacist's license may be renewed by complying with continuing education requirements under s. 450.085 and paying the applicable fee specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a). Failure to obtain renewal within the time period specified under this paragraph terminates the right of the person to be licensed as a pharmacist, and such right can only be acquired by passing an examination to the satisfaction of the board.
450.08(2)(b) (b) A pharmacy, manufacturer's or distributor's license may be renewed by paying the applicable fee specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).
450.08 History History: 1985 a. 146; 1991 a. 39; 1997 a. 68; 1997 a. 237 s. 727m.
450.085 450.085 Continuing education.
450.085(1) (1) An applicant for renewal of a license under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the 2-year period immediately preceding the date of his or her application, 30 hours of continuing education in courses conducted by a provider that is approved by the American Council on Pharmaceutical Education or in courses approved by the board. Courses specified in s. 450.035 (1r) and (2) are courses in continuing education for purposes of this subsection. This subsection does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.
450.085(2) (2) The board may waive all or part of any requirement in sub. (1) if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a pharmacist from meeting the requirement.
450.085 History History: 1997 a. 68; 1997 a. 237 s. 727m.
450.09 450.09 Pharmacy practice.
450.09(1)(1)Managing pharmacist.
450.09(1)(a)(a) Every pharmacy shall be under the control of the managing pharmacist who signed the pharmacy license application, the most recent license renewal application or the most recent amended schedule of operations. The managing pharmacist shall be responsible for the professional operations of the pharmacy. A pharmacist may be the managing pharmacist of not more than one community and one institutional pharmacy at any time and shall be engaged in the practice of pharmacy at each location he or she supervises. The board shall by rule define community pharmacy and institutional pharmacy for the purposes of this section.
450.09(1)(b) (b) If the managing pharmacist anticipates being continuously absent for a period of more than 30 days from a pharmacy he or she supervises, the managing pharmacist shall delegate the supervisory responsibility to another pharmacist for the duration of the absence by written power of attorney which shall be kept on file in the pharmacy to which the power of attorney applies. The pharmacist designated to assume the supervisory responsibility for the pharmacy during the managing pharmacist's absence shall be engaged in the practice of pharmacy at the pharmacy to which the power of attorney applies.
450.09(2) (2)Presence of pharmacist. No pharmaceutical service may be provided to any person unless a pharmacist is present in the pharmacy to provide or supervise the service.
450.09(3) (3)Pharmaceutical equipment. Every pharmacy shall be equipped with proper pharmaceutical utensils for compounding and dispensing prescriptions. The board shall prescribe, by rule, minimum standards of professional and technical equipment.
450.09(4) (4)Condition of pharmacy. The pharmacy shall be maintained in a clean and orderly manner and the professional service area shall be equipped with proper fixtures and equipment for sanitation.
450.09(5) (5)Display of license. Every original license issued by the board and the renewal license currently in force, if any, shall be displayed in the place of practice.
450.09(6) (6)Medication profile record system. Every pharmacy shall maintain a medication profile record system of all drug products dispensed for a particular patient according to the minimum standards for such systems established by the board by rule. Every practitioner shall maintain a record of all drug products dispensed to each patient according to standards established by the appropriate examining board by rule. The standards established by each examining board shall require the recording of all renewal dispensing information required by federal and state law and related rules and regulations.
450.09(7) (7)Selection of drugs. Drug products purchased for subsequent sale and dispensing at a pharmacy shall be selected for purchase by a pharmacist.
450.09(8) (8)Penalties.
450.09(8)(a)(a) Except as provided under par. (b), any person who violates 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.
450.09(8)(b) (b) Any person who violates sub. (5) shall forfeit $10 for each separate offense. Each day of violation constitutes a separate offense.
450.09 History History: 1985 a. 146.
450.10 450.10 Disciplinary proceedings; immunity; orders.
450.10(1)(1)
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?