450.09(7m)
(7m) State prisons. A prescription drug that is returned to a pharmacy that primarily serves patients confined in a state prison may be dispensed to any patient in any state prison, but only if all of the following are satisfied:
450.09(7m)(a)
(a) The prescription drug was never in the possession of the patient to whom it was originally prescribed.
450.09(7m)(b)
(b) The prescription drug is returned in its original container.
450.09(7m)(c)
(c) A pharmacist determines that the prescription drug has not been adulterated or misbranded.
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;
2003 a. 54.
450.09 Cross-reference
Cross-reference: See also ch.
Phar 7, Wis. adm. code.
450.095
450.095
Duty to dispense contraceptives. 450.095(1)(a)
(a) "Contraceptive drug or device" means any drug or device approved by the federal food and drug administration that is used to prevent pregnancy, including a contraceptive drug or device restricted to distribution by a pharmacy.
450.095(1)(b)
(b) "Without delay" means within the usual and customary time frame reasonably expected at a pharmacy for dispensing or distributing a prescription that is not a contraceptive drug or device.
450.095(2)
(2) Unless one or more of the following applies, a pharmacy shall dispense lawfully prescribed contraceptive drugs and devices and shall deliver contraceptive drugs and devices restricted to distribution by a pharmacy to a patient without delay:
450.095(2)(a)
(a) The prescription contains an obvious or known error or contains inadequate instructions.
450.095(2)(b)
(b) The prescription is contraindicated for the patient, is incompatible with another drug or device prescribed for the patient, or is prohibited by state or federal law.
450.095(3)
(3) Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.
450.095(4)
(4) Nothing in this section may be construed to abrogate a pharmacist's legal and ethical obligations to comply with the laws of this state.
450.095 History
History: 2009 a. 28,
276.
450.10
450.10
Disciplinary proceedings; immunity; orders. 450.10(1)(a)
(a) In this subsection, "unprofessional conduct" includes any of the following, but does not include the dispensing of an antimicrobial drug for expedited partner therapy as described in
s. 450.11 (1g):
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, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under
ch. 448.
450.10(3)(a)10.
10. A social worker, marriage and family therapist, or professional counselor certified or licensed 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 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.
450.10 History
History: 1985 a. 146;
1987 a. 264,
399;
1989 a. 31,
316;
1991 a. 39,
160;
1993 a. 222,
443;
1995 a. 27 s.
9145 (1);
1995 a. 448;
1997 a. 27,
67,
75,
175;
1999 a. 9,
32,
180;
2001 a. 70,
80;
2009 a. 280.
450.10 Cross-reference
Cross-reference: See also ch.
Phar 10, Wis. adm. code.
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 practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device, the symptom or purpose for which the drug is being prescribed if required under
sub. (4) (a) 8., and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in
s. 448.035 (2), all prescription orders shall also specify the name and address of the patient. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to
sub. (2).
450.11(1g)
(1g) Dispensing certain antimicrobial drugs for expedited partner therapy. 450.11(1g)(b)
(b) A pharmacist may, upon the prescription order of a practitioner providing expedited partner therapy, as specified in
s. 448.035, that complies with the requirements of
sub. (1), dispense an antimicrobial drug as a course of therapy for treatment of chlamydial infections, gonorrhea, or trichomoniasis to the practitioner's patient or a person with whom the patient has had sexual contact for use by the person with whom the patient has had sexual contact. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the dispensing of a prescription to the person to whom the antimicrobial drug is dispensed. A pharmacist providing a consultation under this paragraph shall ask whether the person for whom the antimicrobial drug has been prescribed is allergic to the antimicrobial drug and advise that the person for whom the antimicrobial drug has been prescribed must discontinue use of the antimicrobial drug if the person is allergic to or develops signs of an allergic reaction to the antimicrobial drug.
450.11(1g)(c)1.1. Except as provided in
subd. 2., a pharmacist is immune from civil liability for injury to or the death of a person who takes an antimicrobial drug dispensed for that person under this subsection in connection with expedited partner therapy if the antimicrobial drug is dispensed as provided under
par. (b).
450.11(1g)(c)2.
2. The immunity under
subd. 1. does not extend to the distribution or dispensing of an antimicrobial drug by a pharmacist whose act or omission involves reckless, wanton, or intentional misconduct.
450.11(1m)
(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.
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. Prescription orders transmitted electronically may be filed and preserved in electronic format.
450.11(3)
(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.
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)1m.
1m. The telephone number of the pharmacy, if the prescribed drug or device is dispensed by an out-of-state pharmacy licensed under
s. 450.065.
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)5.b.
b. For an antimicrobial drug dispensed under
sub. (1g), the full name of the patient, if known, or the words, "expedited partner therapy" or the letters "EPT."
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)(a)8.
8. The symptom or purpose for which the drug is being prescribed if the prescription order specifies the symptom or purpose under
sub. (4m).
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.
