450.04 History
History: 1985 a. 146;
1991 a. 39.
450.04 Annotation
Post-examination review with applicants discussed. 68 Atty. Gen. 48.
450.045(1)(1) Internships in the practice of pharmacy shall be conducted under the general supervision and according to the procedures and standards of the pharmacy internship board.
450.045(2)
(2) Internships shall consist of practical experience in the responsibilities of a pharmacist and shall be conducted under the supervision of a pharmacist approved by the pharmacy internship board.
450.045(3)
(3) The director of the pharmacy internship program shall determine when an applicant has completed an internship and shall notify the board of all applicants who have completed internships.
450.045 History
History: 1985 a. 146.
450.05
450.05
Pharmacist licensed in other state; licensure. The board may, upon application and payment of the fee specified in
s. 440.05 (2), license as a pharmacist any person who is licensed in another state if the person produces satisfactory evidence of having met requirements comparable to those that existed in this state at the time the person became licensed in the other state. The board shall not license as a pharmacist under this section any person whose license to practice pharmacy in another state has been voluntarily surrendered, limited, suspended or revoked. The board may require an applicant under this section to pass an equivalency examination administered by the board. If the board requires an equivalency examination, any person licensed as a pharmacist in another state who is engaged in the active practice of pharmacy may only be required to pass an examination on state and federal laws, rules and regulations.
450.05 History
History: 1985 a. 146.
450.05 Annotation
This chapter applies to out-of-state pharmacies that regularly and continually solicit mail orders for retail sale of prescription drugs to Wisconsin residents.
72 Atty. Gen. 121.
450.06
450.06
Pharmacy; licensure. 450.06(1)(1) No pharmacist may dispense at any location which is not licensed as a pharmacy by the board. No person may use or display the title "pharmacy", "drugstore", "apothecary" or any other title, symbol or insignia having the same or similar meanings, except for a place of practice which is licensed as a pharmacy by the board.
450.06(2)
(2) The board shall issue a license to operate a pharmacy at a specific location if:
450.06(2)(a)
(a) An application is made on forms provided by the board showing all of the following:
450.06(2)(a)3.
3. The name and address of the person holding title and ownership control of the location.
450.06(2)(b)
(b) The location of the pharmacy is inspected and found to meet all the requirements of this chapter.
450.06(2m)
(2m) The board may request, but may not require, that practice-related information be submitted on the application under
sub. (2) (a).
450.06(3)
(3) No pharmacy may be opened or kept open for practice following a change of ownership or change of location unless the pharmacy is licensed for the new owner or at the new location, notwithstanding any remaining period of validity under the pharmacy's license under the previous owner or at the previous location.
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:
