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) or the delivery of an opioid antagonist as described in
s. 450.11 (1i):
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;
2013 a. 200.
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. Except as provided in
sub. (1i) (b) 2., 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
ss. 118.2925 (3) and
441.18 (2),
448.035 (2), and
448.037 (2), all prescription orders shall also specify the name and address of the patient. A prescription order issued under
s. 118.2925 (3) shall specify the name and address of the school. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to
sub. (2).
450.11 Note
NOTE: Sub. (1) is shown as affected by
2013 Wis. Acts 200 and
239 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
450.11(1b)
(1b) Identification card required for certain controlled substances. 450.11(1b)(a)1.
1. "Health care facility" means a facility, as defined in
s. 647.01 (4); any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex, or other place licensed or approved by the department of health services under
s. 49.70,
49.71,
49.72,
50.03,
50.032,
50.033,
50.034,
50.35,
51.08, or
51.09; a facility under
s. 45.50,
51.05,
51.06,
233.40,
233.41,
233.42, or
252.10; and any other facility identified by the board by rule.
450.11(1b)(a)2.a.
a. An operator's license issued under
ch. 343 or under a comparable law of another state.
450.11(1b)(b)
(b) Except as provided under
par. (e), a controlled substance included in schedule II or III of
ch. 961 may not be dispensed, and may not be delivered to a representative of the ultimate user, without an identification card belonging to the person to whom the drug is being dispensed or delivered.
450.11(1b)(bm)
(bm) A pharmacist or other person dispensing or delivering a drug shall legibly record the name on each identification card presented under
par. (b) to the pharmacist or other person, and the name of each person to whom a drug is dispensed or delivered subject to
par. (e) 2., and shall maintain that record for a time established by the board by rule or, for a record that is subject to
s. 450.19, until the name is delivered to the board under
s. 450.19, whichever is sooner.
450.11(1b)(c)
(c) If the person to whom a drug subject to
par. (b) is being delivered is not the ultimate user of the drug, the person delivering the drug may ask the ultimate user of the drug to designate a person who is authorized to pick up the drug on behalf of the ultimate user and may inform the person to whom the drug is being delivered that his or her identification is being recorded.
450.11(1b)(d)
(d) A pharmacist is immune from any civil or criminal liability and from discipline under
s. 450.10 for any act taken by the pharmacist in reliance on an identification card that the pharmacist reasonably believed was authentic and displayed the name of the person to whom the drug was being delivered if the sale was made in good faith.
450.11(1b)(e)
(e) No identification card is required under
par. (b) if any of the following applies:
450.11(1b)(e)1.
1. The drug is administered or dispensed directly to the ultimate user by a practitioner.
450.11(1b)(e)2.
2. The pharmacist or other person dispensing or delivering the drug has personal knowledge of the person to whom the drug is dispensed or delivered and that the person is the ultimate user or the ultimate user's authorized representative.
450.11(1b)(e)3.
3. The drug is delivered to a health care facility to be administered in the health care facility.
450.11(1b)(f)
(f) The board may, by rule, establish an exemption from the requirements under this subsection for the delivery of a drug by mail if the board determines that the exemption is necessary.
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(1i)(a)1.1. A pharmacist may, upon the prescription order of an advanced practice nurse prescriber under
s. 441.18 (2), or of a physician or physician assistant under
s. 448.037 (2), that complies with the requirements of
sub. (1), deliver an opioid antagonist to the person specified in the prescription order. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the delivery of a prescription to the person to whom the opioid antagonist is delivered.
450.11(1i)(a)2.
2. A pharmacist who, acting in good faith, delivers an opioid antagonist in accordance with
subd. 1., or who, acting in good faith, otherwise lawfully dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under
s. 450.10 for any outcomes resulting from delivering or dispensing the opioid antagonist.
450.11(1i)(b)2.b.
b. An advanced practice nurse prescriber may only deliver or dispense an opioid antagonist in accordance with
s. 441.18 (2) or in accordance with his or her other legal authority to dispense prescription drugs.
450.11(1i)(b)2.c.
c. A physician or physician assistant may only deliver or dispense an opioid antagonist in accordance with
s. 448.037 (2) or in accordance with his or her other legal authority to dispense prescription drugs.
450.11(1i)(b)2.d.
d. A pharmacist may only deliver or dispense an opioid antagonist in accordance with
par. (a) 1. or in accordance with his or her other legal authority to dispense prescription drugs.
