Phar 7.015(2)(q) (q) Transferring the prescription to the patient or agent of the patient, provided that the pharmacist has first provided a patient consultation.
Phar 7.015(3) (3)A pharmacy technician may not do any of the following:
Phar 7.015(3)(a) (a) Provide the final verification for the accuracy, validity, completeness, or appropriateness of a filled prescription or medication order.
Phar 7.015(3)(b) (b) Perform any of the following tasks:
Phar 7.015(3)(b)1. 1. Participate in final drug utilization reviews.
Phar 7.015(3)(b)2. 2. Make independent therapeutic alternate drug selections.
Phar 7.015(3)(b)3. 3. Participate in final drug regimen screening, including screening for therapeutic duplication, drug-to-drug interactions, incorrect dosage, incorrect duration of treatment, drug allergy reactions and clinical abuse or misuse.
Phar 7.015(3)(b)4. 4. Perform any act necessary to be a managing pharmacist.
Phar 7.015(3)(b)5. 5. Administer any prescribed drug products, devices or vaccines.
Phar 7.015(3)(c) (c) Provide patient counseling, consultation, or patient specific judgment, such as interpreting or applying information, including advice relating to therapeutic values, potential hazards and uses.
Phar 7.015(4) (4)The pharmacist shall provide the final verification for the accuracy, validity, completeness, and appropriateness of the patient's prescription prior to the delivery of the prescription to the patient or the patient's representative.
Phar 7.015 History History: Cr. Register, April, 2001, No. 544, eff. 5-1-01; CR 07-099: cr. (2) (q), r. (3) (d) Register May 2008 No. 629, eff. 6-1-08.
Phar 7.02 Phar 7.02 Prescription label; name of drug or drug product dispensed. No drug product may be dispensed unless the prescription label discloses the brand name and strength, or the generic name, strength, and manufacturer or distributor of the drug product dispensed unless the prescribing practitioner requests omission of the above information. If a pharmacist, pursuant to a prescription order that specifies a drug product by its brand name, dispenses the drug product equivalent of the drug product specified in the prescription order, the prescription label may include both the generic name of the drug product equivalent and the brand name specified in the prescription order, unless the prescribing practitioner requests that the brand name be omitted from the label. If a brand name drug product is dispensed, the prescription label may contain both the brand name and the generic name of the drug product equivalent dispensed unless the prescribing practitioner requests that the generic name of the drug product equivalent be omitted from the label.
Phar 7.02 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; Register, August, 1991, No. 428, eff. 9-1-91; am. Register, January, 1996, No. 481, eff. 2-1-96; CR 07-097: am. Register May 2008 No. 629, eff. 6-1-08.
Phar 7.03 Phar 7.03 Prescription renewal limitations. A prescription order for any drug other than controlled substances, which bears renewal authorization permitting the pharmacist to renew the prescription as needed (PRN) by the patient, shall not be renewed beyond one year from the date originally prescribed. No prescription order containing either specific or PRN renewal authorization is valid after the patient-physician relationship has ceased.
Phar 7.03 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; Register, August, 1991, No. 428, eff. 9-1-91.
Phar 7.04 Phar 7.04 Return or exchange of health items.
Phar 7.04(1)(1)In this section:
Phar 7.04(1)(a) (a) “Health item" means drugs, devices, hypodermic syringes, needles or other objects for injecting a drug, medicines, or items of personal hygiene.
Phar 7.04(1)(b) (b) “Inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanitarium or similar facility, but does not include community-based residential facilities, jails or prison facilities.
Phar 7.04(1)(c) (c) “Original container" means the container in which a health item was sold, distributed or dispensed.
Phar 7.04(1)(d) (d) “Resident health care patient" means a patient residing in a community-based residential facility that controls a resident's prescribed and over-the-counter medications as specified by s. DHS 83.37.
Phar 7.04(1)(e) (e) “Secured institutional health care patient" means any of the following:
Phar 7.04(1)(e)1. 1. A jail inmate patient whose dispensed health items are maintained under the custody and control of the jail pursuant to an approved policy and procedure manual under s. DOC 350.17, containing policies and procedures for the control and administration of medications complying with s. DOC 350.20.
Phar 7.04(1)(e)2. 2. A juvenile patient who resides in a juvenile correctional facility, as defined in s. 938.02 (10p), Stats.; a secured residential care center for children and youth, as defined in s. 938.02 (15g), Stats.; a juvenile detention facility, as defined in s. 938.02 (10r), Stats.; or a juvenile portion of a county jail whose dispensed health items are maintained under the custody and control of the health services staff as defined in s. DOC 316.02 (6) and provided to a juvenile patient under the provisions of s. DOC 316.03.
Phar 7.04(1)(f) (f) “Tamper-resistant package" means a container bearing a beyond use date that is sealed so that the contents cannot be used without obvious destruction of the seal.
Phar 7.04(2) (2)No health items after taken from a pharmacy where sold, distributed or dispensed, may be returned to that pharmacy, except for any of the following:
Phar 7.04(2)(a) (a) From an inpatient health care facility, provided they are in their original containers and the pharmacist determines the contents are not adulterated or misbranded.
Phar 7.04(2)(b) (b) Where the health items were dispensed in error, were defective, adulterated, misbranded, or dispensed beyond their beyond use date.
Phar 7.04(2)(c) (c) When in the professional judgment of the pharmacist substantial harm could result to the public or a patient if they were to remain in the possession of the patient, patient's family or agent, or other person.
Phar 7.04(2)(d) (d) For a secured institutional health care patient or resident health care patient where all of the following apply:
Phar 7.04(2)(d)1. 1. The health item was never in the possession and control of the patient.
Phar 7.04(2)(d)2. 2. The health item was sold, distributed or dispensed in a tamper-resistant package and, for a drug, includes the beyond use date and manufacturer's lot number.
Phar 7.04(2)(d)3. 3. The health item is not commingled with a different health item unless the health item will be repackaged and redispensed to the same patient.
Phar 7.04(2)(d)4. 4. The health item is in its original container and the pharmacist determines the contents are not adulterated or misbranded.
Phar 7.04(2)(e) (e) A health item that is prepackaged for consumer use and labeled in compliance with all applicable state and federal laws where all of the following apply:
Phar 7.04(2)(e)1. 1. The pharmacist determines that the original package is unopened, sealed and intact and that package labeling is unaltered.
Phar 7.04(2)(e)2. 2. The pharmacist determines the contents are not adulterated.
Phar 7.04(3) (3)Health items returned to a pharmacy pursuant to sub. (2) (b) and (c), may not be sold, resold, or repackaged and sold or resold, given away, or otherwise distributed or dispensed. Returned health items shall either be destroyed at the pharmacy or delivered for destruction or other disposal by an authorized person or entity.
Phar 7.04(3m) (3m)Health items returned from a secured institutional health care patient to a pharmacy pursuant to sub. (2) (d), must be segregated in the pharmacy and may not be sold, resold, or repackaged and sold or resold, given away, or otherwise sold, distributed or redispensed other than to a secured institutional health care patient.
Phar 7.04(4) (4)It is not a ``return" for a patient or agent of a patient to deliver a previously dispensed drug or device to a pharmacy for the purpose of repackaging and relabeling of that previously dispensed drug or device, and subsequent return of the drug or device for the same patient's use.
Phar 7.04 Note Note: The DEA does not permit the return of controlled substances to a pharmacy from a non-DEA registrant under any circumstances.
Phar 7.04(5) (5)It is not a “return" for a patient or agent of a patient to deliver a previously dispensed drug or device to a pharmacy for the purpose of destruction at the pharmacy or other disposal by an authorized person or entity.
Phar 7.04 Note Note: Cancer and chronic disease drug returns and redispensing pursuant to ch. DHS 148 are allowed provided the pharmacy follows the requirements in ch. DHS 148.
Phar 7.04 Note Note: A prescription drug that is returned to a pharmacy that primarily serves patients confined in a state prison is not addressed in this rule. Such a drug may be redispensed to a patient in a state prison provided the requirements of s. 450.09 (7m), Stats., are satisfied.
Phar 7.04 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; am. Register, August, 1991, No. 428, eff. 9-1-91; r. and recr., Register, December, 1998, No. 516, eff. 1-1-99; CR 05-029: cr. (1) (c) to (f), (2) (d) and (e), (3m) and (5), am. (2) (intro.) and (b) Register December 2005 No, 600, eff. 1-1-06; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2010 No. 651; CR 13-076: am. (1) (e) 2. Register August 2014 No. 704, eff. 9-1-14.
Phar 7.05 Phar 7.05 Prescription records.
Phar 7.05(1)(1)A computerized system may be used for maintaining a record, as required under this section, of prescription dispensing and transfers of prescription order information for the purposes of original or refill dispensing if the system:
Phar 7.05(1)(a) (a) Is capable of producing a printout of any prescription data which the user pharmacy is responsible for maintaining. The system shall be designed so that the pharmacy can receive the printout within 48 hours after requesting the printout.
Phar 7.05(1)(b) (b) Is equipped with an auxiliary procedure which, during periods of down-time, shall be used for documentation of prescription dispensing. The auxiliary procedure shall ensure that prescription refills are authorized by the original prescription order, that the maximum number of prescription refills has not been exceeded and that all of the appropriate data are retained for on-line entry as soon as the computer system is again available for use.
Phar 7.05(1m) (1m)A record of all prescriptions dispensed shall be maintained for a period of 5 years after the date of the last refill.
Phar 7.05(2) (2)All systems used for maintaining a record of any prescription dispensing shall include:
Phar 7.05(2)(a) (a) Patient's identification.
Phar 7.05(2)(b) (b) Name, strength and dosage form of the drug product dispensed.
Phar 7.05(2)(c) (c) Quantity dispensed.
Phar 7.05(2)(d) (d) Date of all instances of dispensing.
Phar 7.05(2)(e) (e) Practitioner's identification.
Phar 7.05(2)(f) (f) Pharmacist's identification.
Phar 7.05(2)(g) (g) Retrieval designation.
Phar 7.05 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; cr. (5), Register, September, 1987, No. 381, eff. 10-1-87; CR 00-165: am. (3) (a) (intro.), (b) 6., (c), (5) and (6) (intro.), r. (3) (b) 4., cr. (3) (b) 8., Register July 2001, No. 547 eff. 8-1-01; CR 05-078: rn. (1) and (6) to be (1m) and (1) and am. (1) (intro.), (b) and (1m), r. (3) to (5) Register January 2006 No. 601, eff. 2-1-06.
Phar 7.055 Phar 7.055 Transfer of prescription order information.
Phar 7.055(1)(1)General requirements. A pharmacist may transfer prescription order information between pharmacies licensed in this state or another state, for the purpose of original or refill dispensing, if all of the following conditions are satisfied:
Phar 7.055(1)(a) (a) The transfer is communicated directly between 2 pharmacists either by verbal transfer or by a computer system transfer meeting the requirements of sub. (4). Communication by facsimile machine is not allowed unless the prescription order information being transferred is verified verbally between 2 pharmacists.
Phar 7.055(1)(b) (b) A computer system used to record a verbal transfer of prescription order information for a non-controlled substance meets the requirements of s. Phar 7.05 (1) (a) and (b).
Phar 7.055(1)(c) (c) The pharmacist receiving the verbal transfer of prescription order information for either a controlled or a non-controlled substance records the transferred information in writing unless a computer system transfer meeting the requirements of sub. (4) is used.
Phar 7.055(1)(d) (d) All original and transferred prescription orders are maintained for a period of 5 years from the date of the last refill.
Phar 7.055(1)(e) (e) A written copy of any prescription order for a prescribed drug provided by a pharmacist is identified in writing as “COPY – FOR INFORMATION ONLY." No prescribed drug may be dispensed based on an information copy.
Phar 7.055(1)(f) (f) A pharmacist making or receiving a transfer of prescription order information is licensed in the state in which he or she performs an act required by this section.
Phar 7.055(2) (2)Non-controlled substances. The transfer of prescription order information for non-controlled substances for the purposes of original or refill dispensing is permissible pursuant to the following requirements:
Phar 7.055(2)(a) (a) The pharmacist making the transfer records the following information:
Phar 7.055(2)(a)1. 1. The word “VOID" is written on the face of the invalidated prescription order or recorded in a similar manner to “VOID" on a prescription order in a computer system meeting the requirements of s. Phar 7.05 (1) (a) and (b).
Phar 7.055(2)(a)2. 2. The name and address of the pharmacy to which it was transferred, the name of the pharmacist receiving the prescription order, the date and the name of the pharmacist transferring the information are recorded on the reverse side of the invalidated prescription order or in a computer system meeting the requirements of s. Phar 7.05 (1) (a) and (b).
Phar 7.055(2)(a)3. 3. A transfer of prescription order information for a non-controlled substance for the purposes of refill dispensing is limited to the number of authorized refills.
Phar 7.055(2)(b) (b) The pharmacist receiving the transferred prescription order information shall record in writing the following:
Phar 7.055(2)(b)1. 1. The word “TRANSFER" on the face of the transferred prescription order.
Phar 7.055(2)(b)2. 2. The name and address of the patient, the name and address of the prescribing practitioner, and the name and quantity and dosage form of the drug product or device prescribed and the directions for use.
Phar 7.055(2)(b)3. 3. The date of issuance of the original prescription order.
Phar 7.055(2)(b)4. 4. The original number of refills authorized on the original prescription order.
Phar 7.055(2)(b)5. 5. The date of original dispensing if the prescription order has previously been dispensed.
Phar 7.055(2)(b)6. 6. The number of valid refills remaining and the date of the last refill.
Phar 7.055(2)(b)7. 7. The pharmacy's name, address, and the prescription order number from which the prescription order information was transferred.
Phar 7.055(2)(b)8. 8. The name of the pharmacist making the transfer.
Phar 7.055(2)(b)9. 9. The name, address and telephone number of the pharmacy from which the original prescription order was transferred if different than subd. 7.
Phar 7.055(3) (3)Controlled substances. The transfer of prescription order information for controlled substances for the purposes of refill dispensing is permissible pursuant to the following requirements:
Phar 7.055(3)(a) (a) The transfer of prescription order information is permissible only on a one time basis unless a computer system meeting the requirements of sub. (4) is used.
Phar 7.055(3)(b) (b) If a computer system meeting the requirements of sub. (4) is used, a transfer of prescription order information for the purposes of refill dispensing is limited to the number of authorized refills.
Phar 7.055(3)(c) (c) Unless a computer system meeting the requirements of sub. (4) is used, the pharmacist making the transfer shall record in writing the following information:
Phar 7.055(3)(c)1. 1. The word “VOID" is written on the face of the invalidated prescription order.
Phar 7.055(3)(c)2. 2. The name, address and DEA registration number of the pharmacy to which it was transferred, the name of the pharmacist receiving the prescription order and the date and the name of the pharmacist transferring the information are recorded on the reverse side of the invalidated prescription order.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.