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)(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 employes of the federal government who are authorized to receive prescription drugs or devices in the performance of their official duties.
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)(a)(a) A pharmacist'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). 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.
450.09
450.09
Pharmacy practice. 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)(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)(a)(a) In this subsection, "unprofessional conduct" includes, but is not limited to:
450.10(1)(a)1.
1. Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license.
450.10(1)(a)2.
2. Violating this chapter or, subject to
s. 961.38 (4r),
ch. 961 or any federal or state statute or rule which substantially relates to the practice of the licensee.
450.10(1)(a)3.
3. Practicing pharmacy while the person's ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.
450.10(1)(a)4.
4. Engaging in false, misleading or deceptive advertising.
450.10(1)(a)5.
5. Making a substantial misrepresentation in the course of practice which is relied upon by another person.
450.10(1)(a)6.
6. Engaging in conduct in the practice of the licensee which evidences a lack of knowledge or ability to apply professional principles or skills.
450.10(1)(a)7.
7. Obtaining or attempting to obtain compensation by fraud or deceit.
450.10(1)(b)
(b) 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:
450.10(1)(b)3.
3. Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee.
450.10(2)
(2) 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.
450.10(3)(a)(a) In this subsection, "health care professional" means any of the following:
450.10(3)(a)5.
5. A physician, podiatrist or physical therapist licensed or occupational therapist or occupational therapy assistant certified under
ch. 448.
450.10(3)(a)10.
10. A social worker, marriage and family therapist or professional counselor certified under
ch. 457.
450.10(3)(a)11.
11. A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of education.
Effective date note
NOTE: Subd. 11. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
11. 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.
450.10(3)(b)
(b) 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.
450.10(4)(a)(a) 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.
450.10(4)(b)
(b) Special orders may direct a pharmacist to cease and desist from engaging in particular activities.
450.11
450.11
Prescription drugs and prescription devices. 450.11(1)(1)
Dispensing. 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).
450.11(2)
(2) Prescription order file. Every prescription order shall be filed in a suitable book or file and preserved for at least 5 years.
450.11(3)
(3) Preparation of prescription drugs. No person other than a pharmacist or practitioner or their agents and employes as directed, supervised and inspected by the pharmacist or practitioner may prepare, compound, dispense or prepare for delivery for a patient any prescription drug.
450.11(4)(a)(a) 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:
450.11(4)(a)1.
1. The name and address of the dispensing practitioner or licensed facility from which the prescribed drug or device was dispensed.
450.11(4)(a)3.
3. The number of the prescription order as recorded in the prescription order file of the facility from which the prescription was dispensed.
450.11(4)(a)4.
4. The name of the practitioner who prescribed the drug or device.
450.11(4)(a)6.
6. Directions for use of the prescribed drug or device as contained in the prescription order.
450.11(4)(a)7.
7. The name and strength of the prescribed drug dispensed, unless the prescribing practitioner requests omission of the name and strength of the drug dispensed.
450.11(4)(b)
(b) Paragraph (a) does not apply to complimentary samples of drug products or devices dispensed by a practitioner to his or her patients.
450.11(5)
(5) Renewals. 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) have been met and either written or oral authorization has been given by the prescribing practitioner.
450.11(6)
(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.
