450.11(7)(a)(a) No person may obtain or attempt to obtain a prescription drug, or procure or attempt to procure the administration of a prescription drug, by fraud, deceit or wilful misrepresentation or by forgery or alteration of a prescription order; or by wilful concealment of a material fact; or by use of a false name or address.
450.11(7)(b)
(b) Information communicated to a physician in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.
450.11(7)(c)
(c) No person may wilfully make a false statement in any prescription order, report or record required by this section.
450.11(7)(d)
(d) No person may, for the purpose of obtaining a prescription drug, falsely assume the title of, or represent himself or herself to be, a manufacturer, distributor, pharmacist or practitioner.
450.11(7)(e)
(e) No person may make or utter any false or forged prescription order.
450.11(7)(f)
(f) No person may wilfully affix any false or forged label to a package or receptacle containing prescription drugs.
450.11(7)(g)
(g) Except as authorized by this chapter, no person may possess, with intent to manufacture or deliver, a prescription drug. Intent under this paragraph may be demonstrated by, without limitation because of enumeration, evidence of the quantity and monetary value of the substance possessed, the possession of manufacturing implements or paraphernalia, and the activities or statements of the person in possession of the prescription drug prior to, during and after the alleged violation.
450.11(7)(h)
(h) No person may possess a prescription drug unless the prescription drug is obtained in compliance with this section.
450.11(7)(i)
(i) No pharmacist, manufacturer, distributor, owner or operator of a pharmacy or agent of a pharmacist, manufacturer, distributor or such an owner or operator may give any compensation or anything of value to a practitioner for the purpose of providing, or inducing the practitioner to obtain, any equipment, computer software or access to a service that may be used for the electronic transmission of a prescription order.
450.11(8)
(8) Rule-making authority. The department of justice may promulgate rules necessary for the enforcement of this section. In addition to all law enforcement officers and agencies, the enforcement of this section is the responsibility of the department and:
450.11(8)(a)
(a) The board, insofar as this section applies to pharmacists.
450.11(8)(b)
(b) The medical examining board, insofar as this section applies to physicians.
450.11(8)(bm)
(bm) The podiatrists affiliated credentialing board, insofar as this section applies to podiatrists.
450.11(8)(c)
(c) The veterinary examining board, insofar as this section applies to veterinarians.
450.11(8)(d)
(d) The dentistry examining board, insofar as this section applies to dentists.
450.11(9)
(9) Penalties and enforcement proceedings. 450.11(9)(a)(a) Except as provided in
par. (b), any person who violates this section may be fined not more than $500 or imprisoned not more than 6 months or both.
450.11(9)(b)
(b) Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both.
450.11(9)(c)
(c) In any action or proceeding brought for the enforcement of this section, it shall not be necessary to negate any exception or exemption contained in this section, and the burden of proof of any such exception or exemption shall be upon the defendant.
450.11 History
History: 1985 a. 146;
1997 a. 27,
175,
283.
450.12
450.12
Labeling of prescription drugs and prescription drug products. 450.12(1)(a)
(a) "Brand name" means the name, other than the generic name, that the labeler of a drug or drug product places on its commercial container at the time of packaging.
450.12(1)(b)
(b) "Generic name" means the official or established name given a drug by the U.S. department of health and human services or the U.S. adopted names council.
450.12(2)
(2) The manufacturer's or distributor's commercial container of every prescription drug or prescription drug product delivered to any pharmacist, practitioner, hospital or nursing home shall bear a label containing the generic name of the drug, if any, the brand name of the drug or drug product, if any, the name and address of the manufacturer of the drug or drug product and, if different from the manufacturer, the name and address of the distributor of the drug or drug product.
450.12(3)
(3) Every prescription order or medication profile record shall include the brand name, if any, or the name of the manufacturer or distributor of the drug product dispensed.
450.12 History
History: 1985 a. 146.
450.125
450.125
Drugs for animal use. In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with
s. 453.068.
450.125 History
History: 1991 a. 306.
450.13
450.13
Using drug product equivalent in dispensing prescriptions. 450.13(1)(1)
Drug product or equivalent to be used. Except as provided in
sub. (2), a pharmacist shall dispense every prescription using either the drug product prescribed or its drug product equivalent, if its drug product equivalent is lower in price to the consumer than the drug product prescribed, and shall inform the consumer of the options available in dispensing the prescription. In this section, "drug product equivalent" means a drug product that is designated the therapeutic equivalent of another drug product by the federal food and drug administration.
450.13(2)
(2) Exception. A prescriber may indicate, by writing on the face of the prescription order or, with respect to a prescription order transmitted electronically, by designating in electronic format the phrase "No substitutions" or words of similar meaning or the initials "N.S.", that no substitution of the drug product prescribed may be made under
sub. (1). If such indication is made, the pharmacist shall dispense the prescription with the specific drug product prescribed. No preprinted statement regarding drug product substitution may appear on the face of the prescription order.
450.13(3)
(3) Renewed prescriptions. Prescriptions dispensed with a drug product equivalent may be renewed with a different drug product equivalent only if the pharmacist informs the consumer of the change.
450.13(4)
(4) Limitation on liability. A pharmacist who dispenses a prescription with a drug product equivalent under this section assumes no greater liability than would be incurred had the pharmacist dispensed the prescription with the drug product prescribed.
450.13(5)
(5) Use of drug product equivalent in hospitals. Subsections (1) to
(4) do not apply to a pharmacist who dispenses a drug product equivalent that is prescribed for a patient in a hospital if the pharmacist dispenses the drug product equivalent in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of the hospital and approved by the hospital's medical staff and by the patient's individual physician for the period of the patient's stay within the hospital.
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 may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both.
450.14 History
History: 1985 a. 146;
1997 a. 283.
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 may be fined not less than $100 nor more than $1,000 or imprisoned for not less than one year nor more than 7 years and 6 months or both.
450.15 History
History: 1985 a. 146;
1997 a. 283.
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)(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(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.
