Subject to subch. II of ch. 111
and the rules adopted under s. 440.03 (1)
, the board may reprimand the licensee or deny, revoke, suspend or limit the license or any combination thereof of any person licensed under this chapter who has:
Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee.
In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license under sub. (1)
, the board may, for the violations enumerated under sub. (1)
, assess a forfeiture of not more than $1,000 for each separate offense. Each day of violation constitutes a separate offense.
In this subsection, "health care professional" means any of the following:
A physician, physician assistant, podiatrist, physical therapist, occupational therapist or occupational therapy assistant licensed under ch. 448
A social worker, marriage and family therapist or professional counselor certified under ch. 457
A speech-language pathologist or audiologist licensed under subch. II of ch. 459
or a speech and language pathologist licensed by the department of public instruction.
Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 961
by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.
The secretary may, in case of the need for emergency action, issue general and special orders necessary to prevent or correct actions by any pharmacist under this section that would be cause for suspension or revocation of a license.
Special orders may direct a pharmacist to cease and desist from engaging in particular activities.
Prescription drugs and prescription devices. 450.11(1)(1)
No person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall specify the date of issue, the name and address of the patient, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device and, if the order is written by the practitioner, the signature of the practitioner. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2)
(1m) Electronic transmission.
Except as provided in s. 453.068 (1) (c) 4.
, a practitioner may transmit a prescription order electronically only if the patient approves the transmission and the prescription order is transmitted to a pharmacy designated by the patient.
(2) Prescription order file.
Every prescription order shall be filed in a suitable book or file and preserved for at least 5 years. Subject to s. 961.38 (2)
, prescription orders transmitted electronically may be filed and preserved in electronic format.
(3) Preparation of prescription drugs.
No person other than a pharmacist or practitioner or their agents and employees as directed, supervised and inspected by the pharmacist or practitioner may prepare, compound, dispense or prepare for delivery for a patient any prescription drug.
Except as provided under par. (b)
, no prescribed drug or device may be dispensed unless there is a label attached to the container disclosing all of the following:
The name and address of the dispensing practitioner or licensed facility from which the prescribed drug or device was dispensed.
The number of the prescription order as recorded in the prescription order file of the facility from which the prescription was dispensed.
The name of the practitioner who prescribed the drug or device.
Directions for use of the prescribed drug or device as contained in the prescription order.
The name and strength of the prescribed drug dispensed, unless the prescribing practitioner requests omission of the name and strength of the drug dispensed.
(b) Paragraph (a)
does not apply to complimentary samples of drug products or devices dispensed by a practitioner to his or her patients.
No prescription may be renewed except as designated on the prescription order. An accurate record of renewal dispensing shall be maintained showing the date and amount. No prescription may be renewed unless the requirements of sub. (1)
and, if applicable, sub. (1m)
have been met and written, oral or electronic authorization has been given by the prescribing practitioner.
(6) Sales of prescription drugs.
In the event of any sale of prescription drugs in bankruptcy, at public auction or any other sale of prescription drugs other than in the normal course of business or practice, the seller shall give written notice of the sale to the board at least one week prior to the date of sale and shall make a complete and accurate written report of the sale to the board within 10 days after the sale, showing the name and address of all of the purchasers of prescription drugs together with an itemized inventory of the prescription drugs sold to each purchaser. This subsection does not apply to the sale of a manufacturer, distributor or pharmacy as an ongoing business or practice if the parties first notify the board of the impending sale.
No person may obtain or attempt to obtain a prescription drug, or procure or attempt to procure the administration of a prescription drug, by fraud, deceit or wilful misrepresentation or by forgery or alteration of a prescription order; or by wilful concealment of a material fact; or by use of a false name or address.
Information communicated to a physician in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.
No person may wilfully make a false statement in any prescription order, report or record required by this section.
No person may, for the purpose of obtaining a prescription drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, distributor, pharmacist or practitioner.
No person may make or utter any false or forged prescription order.
No person may wilfully affix any false or forged label to a package or receptacle containing prescription drugs.
Except as authorized by this chapter, no person may possess, with intent to manufacture or deliver, a prescription drug. Intent under this paragraph may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substance possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the prescription drug prior to, during and after the alleged violation.
No person may possess a prescription drug unless the prescription drug is obtained in compliance with this section.
No pharmacist, manufacturer, distributor, owner or operator of a pharmacy or agent of a pharmacist, manufacturer, distributor or such an owner or operator may give any compensation or anything of value to a practitioner for the purpose of providing, or inducing the practitioner to obtain, any equipment, computer software or access to a service that may be used for the electronic transmission of a prescription order.
(8) Rule-making authority.
The department of justice may promulgate rules necessary for the enforcement of this section. In addition to all law enforcement officers and agencies, the enforcement of this section is the responsibility of the department and:
The board, insofar as this section applies to pharmacists.
The medical examining board, insofar as this section applies to physicians.
The podiatrists affiliated credentialing board, insofar as this section applies to podiatrists.
The veterinary examining board, insofar as this section applies to veterinarians.
The dentistry examining board, insofar as this section applies to dentists.
(9) Penalties and enforcement proceedings. 450.11(9)(a)(a)
Except as provided in par. (b)
, any person who violates this section may be fined not more than $500 or imprisoned not more than 6 months or both.
Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both.
In any action or proceeding brought for the enforcement of this section, it shall not be necessary to negate any exception or exemption contained in this section, and the burden of proof of any such exception or exemption shall be upon the defendant.
History: 1985 a. 146
; 1997 a. 27
Labeling of prescription drugs and prescription drug products. 450.12(1)(a)
"Brand name" means the name, other than the generic name, that the labeler of a drug or drug product places on its commercial container at the time of packaging.
"Generic name" means the official or established name given a drug by the U.S. department of health and human services or the U.S. adopted names council.
The manufacturer's or distributor's commercial container of every prescription drug or prescription drug product delivered to any pharmacist, practitioner, hospital or nursing home shall bear a label containing the generic name of the drug, if any, the brand name of the drug or drug product, if any, the name and address of the manufacturer of the drug or drug product and, if different from the manufacturer, the name and address of the distributor of the drug or drug product.
Every prescription order or medication profile record shall include the brand name, if any, or the name of the manufacturer or distributor of the drug product dispensed.
History: 1985 a. 146
Drugs for animal use.
In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 453.068
History: 1991 a. 306
Using drug product equivalent in dispensing prescriptions. 450.13(1)(1)
Drug product or equivalent to be used.
Except as provided in sub. (2)
, a pharmacist shall dispense every prescription using either the drug product prescribed or its drug product equivalent, if its drug product equivalent is lower in price to the consumer than the drug product prescribed, and shall inform the consumer of the options available in dispensing the prescription. In this section, "drug product equivalent" means a drug product that is designated the therapeutic equivalent of another drug product by the federal food and drug administration.
A prescriber may indicate, by writing on the face of the prescription order or, with respect to a prescription order transmitted electronically, by designating in electronic format the phrase "No substitutions" or words of similar meaning or the initials "N.S.", that no substitution of the drug product prescribed may be made under sub. (1)
. If such indication is made, the pharmacist shall dispense the prescription with the specific drug product prescribed. No preprinted statement regarding drug product substitution may appear on the face of the prescription order.
(3) Renewed prescriptions.
Prescriptions dispensed with a drug product equivalent may be renewed with a different drug product equivalent only if the pharmacist informs the consumer of the change.
(4) Limitation on liability.
A pharmacist who dispenses a prescription with a drug product equivalent under this section assumes no greater liability than would be incurred had the pharmacist dispensed the prescription with the drug product prescribed.
(5) Use of drug product equivalent in hospitals. Subsections (1)
do not apply to a pharmacist who dispenses a drug product equivalent that is prescribed for a patient in a hospital if the pharmacist dispenses the drug product equivalent in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of the hospital and approved by the hospital's medical staff and by the patient's individual physician for the period of the patient's stay within the hospital.
No person may deliver any highly toxic substance unless the delivery is made on the prescription order of a practitioner or complies with pars. (a)
The container shall be plainly labeled with the name of the substance, the name and address of the person delivering the substance and, except as provided in sub. (3)
, the word "Poison".
The person delivering the substance shall ascertain that the recipient is aware of the poisonous character of the substance and desires it for a lawful purpose.
Before delivery, the person delivering the substance shall record in a book kept for that purpose the name of the article or substance, the quantity, the purpose, the date, the name and address of the person for whom procured and the signature of the individual personally delivering the article or substance. The record shall be signed by the person to whom the substance is delivered. Each book containing records required under this paragraph shall be preserved by the owner of the book for at least 3 years after the date of the last entry and shall be open to inspection by authorized officers.
If the recipient is under 18 years of age, he or she must have the written order of an adult.
A "Poison" label under sub. (2) (a)
is not required for liniments, ointments or other external preparations which are plainly labeled "for external use only".
This section does not apply to manufacturers or distributors selling at wholesale nor to pesticides which comply with ss. 94.67
Any person who violates this section may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both.