Feed for /statutes/statutes/450 PDF
450.14(1)(1) In this section, "highly toxic" has the meaning specified under 15 USC 1261 (h).
450.14(2) (2) 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) to (d):
450.14(2)(a) (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".
450.14(2)(b) (b) 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.
450.14(2)(c) (c) 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.
450.14(2)(d) (d) If the recipient is under 18 years of age, he or she must have the written order of an adult.
450.14(3) (3) 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".
450.14(4) (4) This section does not apply to manufacturers or distributors selling at wholesale nor to pesticides which comply with ss. 94.67 to 94.71.
450.14(5) (5) Any person who violates this section is guilty of a Class H felony.
450.14 History History: 1985 a. 146; 1997 a. 283; 2001 a. 109.
450.145 450.145 Reporting potential causes of public health emergency.
450.145(1)(1) Within 24 hours after an occurrence of any of the following, a pharmacist or pharmacy shall report the occurrence electronically, by fax machine, by telephone, or in writing to a local health department, as defined in s. 250.01 (4), or the department of health services:
450.145(1)(a) (a) An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold by the pharmacist or pharmacy for the treatment of medical conditions specified by the department of health services by rule under s. 252.02 (7).
450.145(1)(b) (b) An unusual increase in the number of prescriptions dispensed by the pharmacist or pharmacy that are antibiotic drugs.
450.145(1)(c) (c) The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 323.02 (4).
450.145(1m) (1m) Except as provided in sub. (2), a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
450.145(2) (2) In submitting a report under sub. (1), a pharmacist or pharmacy shall include personally identifying information other than a social security number concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
450.145 History History: 2005 a. 198 ss. 18 to 21; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97 s. 183; 2009 a. 42.
450.15 450.15 Placing prescription drugs prohibited.
450.15(1)(1) Except as otherwise provided by law, no person may put, or cause to be put, any prescription drug in any public place, or upon any private premises without the consent of the owner or occupant.
450.15(2) (2) Any person who violates this section is guilty of a Class H felony.
450.15 History History: 1985 a. 146; 1997 a. 283; 2001 a. 109.
450.15 Annotation As applied to the defendant, s. 450.09 [now 450.15] was not unconstitutionally overbroad or vague. Butala v. State, 71 Wis. 2d 569, 239 N.W.2d 32 (1976).
450.155 450.155 Exhibition, display or advertisement of certain vending machines by use of certain material prohibited.
450.155(1)(1) Definitions. In this section:
450.155(1)(a) (a) "Contraceptive article" means any drug, medicine, mixture, preparation, instrument, article or device of any nature used or intended or represented to be used to prevent a pregnancy.
450.155(1)(b) (b) "Material" means any visual representation, image, printed matter however reproduced or sound recording.
450.155(1)(c) (c) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it does all of the following:
450.155(1)(c)1. 1. Predominantly appeals to the prurient, shameful or morbid interest of minors.
450.155(1)(c)2. 2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
450.155(1)(c)3. 3. Lacks serious literary, artistic, political or scientific value, if taken as a whole, for minors.
450.155(1)(d) (d) "Knowledge of the minor's age" means knowledge or information that the person is a minor.
450.155(1)(e) (e) "Knowledge of the nature of the material" means any of the following:
450.155(1)(e)1. 1. Knowledge of the character and content of any material described herein.
450.155(1)(e)2. 2. Knowledge or information that the material described herein has been adjudged to be harmful to minors in a proceeding instituted under sub. (2), or is the subject of a pending proceeding instituted under sub. (2).
450.155(1)(f) (f) "Minor" means any person under the age of 18 years.
450.155(1)(g) (g) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
450.155(1)(h) (h) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
450.155(1)(i) (i) "Sadomasochistic abuse" means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.
450.155(1)(j) (j) "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
450.155(1)(k) (k) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
450.155(1)(L) (L) "Vending machine" means any mechanical device which automatically dispenses contraceptive articles upon the deposit in it of specified coins in payment for the contraceptive articles.
450.155(2) (2)Exhibition, display or advertisement of certain vending machines by use of material harmful to minors.
450.155(2)(a)(a) No person with knowledge of the nature of the material and with knowledge of a minor's age, may, for commercial purposes, exhibit, display or advertise by use of any material which is harmful to minors a vending machine that dispenses contraceptive articles.
450.155(2)(b) (b) Whoever violates par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
450.155 History History: 1985 a. 146.
450.16 450.16 Sale of contraceptives prohibited in certain areas.
450.16(1)(1) As used in this section:
450.16(1)(a) (a) "Contraceptive article" has the meaning under s. 450.155 (1) (a).
450.16(1)(b) (b) "Vending machine" has the meaning under s. 450.155 (1) (L).
450.16(2) (2) No person may have in the person's possession or under the person's control, any vending machine that is located in a public school, as specified under s. 115.01 (1).
450.16(3) (3) Any person violating this section may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
450.16 History History: 1985 a. 146.
450.17 450.17 Violations. Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 961 by pharmacists. The district attorney of the proper county shall promptly prosecute any such violation upon notice from any source.
450.17 History History: 1985 a. 146; 1995 a. 448.
450.18 450.18 Penalties. Except as otherwise provided in this chapter, any person who violates this chapter or any rule promulgated under the authority of this chapter may be fined not less than $50 nor more than $100 or imprisoned not less than 30 days nor more than 90 days or both.
450.18 History History: 1985 a. 146.
450.19 450.19 Prescription drug monitoring program.
450.19(1) (1) In this section:
450.19(1)(ag) (ag) "Monitored prescription drug" means a substance identified in s. 961.16, 961.18, 961.20, or 961.22 or a drug identified by the board by rule as having a substantial potential for abuse.
450.19(1)(ar) (ar) "Practitioner" has the meaning given in s. 450.01 (17) but does not include a veterinarian licensed under ch. 453.
450.19(2) (2) The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs. The program shall do all of the following:
450.19(2)(a) (a) Require a pharmacy or a practitioner to generate a record documenting each dispensing of a monitored prescription drug at the pharmacy or, if the monitored prescription drug is not dispensed at a pharmacy, by the practitioner and to deliver the record to the board, except that the program may not require the generation of a record in any of the following circumstances:
450.19(2)(a)1. 1. A monitored prescription drug is administered directly to a patient.
450.19(2)(a)2. 2. A monitored prescription drug is compounded, packaged, or labeled in preparation for delivery but is not delivered.
450.19(2)(a)3. 3. The prescription order is for a monitored prescription drug that is a substance listed in the schedule in s. 961.22 and is not a narcotic drug, as defined in s. 961.01 (15), and the prescription order is for a number of doses that is intended to last the patient 7 days or less.
450.19(2)(b) (b) Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug, including the method of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm). In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.
450.19 Note NOTE: Par. (b) is shown as affected by 2013 Wis. Acts 124 and 199 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
450.19(2)(c) (c) Specify the persons to whom a record may be disclosed and the circumstances under which the disclosure may occur. The rule promulgated under this paragraph shall permit the board to share a record generated by the program with relevant agencies of other states.
450.19(2)(d) (d) Specify a secure electronic format for delivery of a record generated under the program and authorize the board to grant a pharmacy or practitioner a waiver of the specified format.
450.19(2)(e) (e) Specify a deadline for the delivery of a record to the board.
450.19(2)(f) (f) Specify the discipline for failure to comply with rules promulgated under this subsection.
450.19(2)(g) (g) Maximize the potential for funding the operation of the program with available federal funding sources.
450.19(2)(h) (h) Ensure that the program complies with s. 146.82 and 45 CFR part 164, subpart E.
450.19(2m) (2m)
450.19(2m)(a)(a) The rules promulgated under sub. (2) may not require that a record delivered to the board before 2 years after April 9, 2014, contain the name recorded under s. 450.11 (1b) (bm).
450.19(2m)(b) (b) After consultation with representatives of licensed pharmacists and pharmacies, and subject to the approval of the secretary, the board may delay the requirement that a record delivered to the board contain the name recorded under s. 450.11 (1b) (bm) for an additional period beyond the date specified in par. (a).
450.19(3) (3)
450.19(3)(a)(a) A pharmacy, pharmacist, or practitioner is immune from civil or criminal liability or professional discipline arising from the pharmacy's, pharmacist's, or practitioner's compliance in good faith with this section or with rules promulgated under this section.
450.19(3)(b) (b) Nothing in this section may be construed to require a pharmacy, pharmacist, or practitioner to obtain, before prescribing or dispensing a monitored prescription drug to a patient, information about the patient that has been collected pursuant to the program established under sub. (2).
450.19(4) (4) Records generated under the program under this section are not subject to inspection or copying under s. 19.35.
450.19 History History: 2009 a. 362; 2011 a. 260 s. 81; 2013 a. 3, 20, 124, 199; s. 13.92 (2) (i).
450.19 Cross-reference Cross-reference: See also ch. Phar 18, Wis. adm. code.
Loading...
Loading...
2011-12 Wisconsin Statutes updated though 2013 Wis. Act 380 and all Supreme Court Orders entered before June 30, 2014. Published and certified under s. 35.18. Changes effective after July 1, 2014 are designated by NOTES. (Published 7-1-14)