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 is guilty of a Class H felony.
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.
450.19
450.19
Prescription drug monitoring program. 450.19(1)
(1) In this section, "prescription drug" means a substance identified in
s. 961.16 or
961.18 or a drug identified by the board by rule as having a substantial potential for abuse.
450.19(2)
(2) The board shall establish by rule a program for monitoring the dispensing of prescription drugs. The program shall do all of the following:
450.19(2)(a)
(a) Require a pharmacist or practitioner to generate a record documenting each dispensing of a prescription drug and to deliver the record to the board, except that the program may not require the generation of a record when a drug is administered directly to a patient.
450.19(2)(b)
(b) Identify specific data elements to be contained in a record documenting the dispensing of a prescription drug. In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.
450.19(2)(c)
(c) Specify the persons to whom a record may be disclosed and the circumstances under which the disclosure may occur. The rule promulgated under this paragraph shall permit the board to share a record generated by the program with relevant agencies of other states.
450.19(2)(d)
(d) Specify a secure electronic format for delivery of a record generated under the program and authorize the board to grant a pharmacist or practitioner a waiver of the specified format.
450.19(2)(e)
(e) Specify a deadline for the delivery of a record to the board.
450.19(2)(f)
(f) Specify a penalty for failure to comply with rules promulgated under this subsection.
450.19(2)(g)
(g) Maximize the potential for funding the operation of the program with available federal funding sources.
450.19(3)(a)(a) A pharmacist or practitioner is immune from civil or criminal liability or professional discipline arising from the pharmacist's or practitioner's compliance in good faith with this section or with rules promulgated under this section.
450.19(3)(b)
(b) Nothing in this section may be construed to require a pharmacist or practitioner to obtain, before prescribing or dispensing a prescription to a patient, information about the patient that has been collected pursuant to the program described under
sub. (2).
450.19(4)
(4) Records generated under the program under this section are not subject to inspection or copying under
s. 19.35.
450.19(5)
(5) The department shall submit a timely application for a federal grant under
42 USC 280g-3 and under the Harold Rogers Prescription Drug Monitoring Program to fund the establishment and operation of the program under this section. If the department fails to obtain federal funding before January 1, 2015, this section is void.
450.19 History
History: 2009 a. 362;
2011 a. 260 s.
81.
