450.01(23)(b)
(b) The sale, purchase, distribution, trade, or transfer of a prescription drug or offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons.
450.01(23)(c)
(c) The distribution of prescription drug samples, if the distribution is permitted under
21 USC 353 (d).
450.01(23)(d)
(d) Drug returns, when conducted by a hospital, health care entity, or charitable institution as provided in
21 CFR 203.23.
450.01(23)(e)
(e) The sale of minimal quantities, as defined by the board in an administrative rule, of prescription drugs by retail pharmacies to licensed practitioners for office use.
450.01(23)(f)
(f) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription.
450.01(23)(g)
(g) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy from or with another pharmacy, whether accomplished as a purchase and sale of stock or business assets.
450.01(23)(h)
(h) The sale, purchase, distribution, trade, or transfer of a prescription drug from one authorized distributor of record to one additional authorized distributor of record, if the manufacturer states in writing to the receiving authorized distributor of record that the manufacturer is unable to supply the drug and the supplying authorized distributor of record states in writing that the drug has previously been exclusively in the normal distribution channel.
450.01(23)(i)
(i) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs, if the common carrier does not store, warehouse, or take legal ownership of the drug.
450.01(23)(L)
(L) The transfer from a retail pharmacy or pharmacy warehouse of an expired, damaged, returned, or recalled prescription drug to the original manufacturer or original wholesale distributor or to a 3rd-party returns processor or reverse distributor.
450.01(23)(m)
(m) The return of a prescription drug, if the return is authorized by the law of this state.
450.01(23)(n)
(n) The operation or implementation of a drug disposal program that is authorized under
s. 165.65 (2) or
(3) or is authorized under federal law, as defined in
s. 165.65 (1) (a), or the possession or delivery of a household pharmaceutical item, as defined in
s. 165.65 (1) (d), within the scope of a drug disposal program that is authorized under
s. 165.65 (2) or
(3) or is authorized under federal law.
450.01(23)(o)
(o) The possession or delivery of a prescription drug within the scope of a written authorization under
s. 450.115 (3).
450.01(24)
(24) “Wholesale distributor" means a person engaged in the wholesale distribution of prescription drugs, including manufacturers, repackagers, own-label distributors, private label distributors, jobbers, brokers, warehouses, including manufacturers' and distributors' warehouses, manufacturers' exclusive distributors, manufacturers' authorized distributors of record, prescription drug wholesalers and distributors, independent wholesale prescription drug traders, 3rd party logistics providers, retail pharmacies that conduct wholesale distribution, and chain pharmacy warehouses that conduct wholesale distribution.
450.01 Annotation
Vitamins not intended for use in the diagnosis, cure, investigation, treatment, or prevention of diseases are not drugs under this section. 66 Atty. Gen. 137.
450.02
450.02
Pharmacy examining board. 450.02(1)
(1) The department shall keep a record of the proceedings and a register of the names and places of practice or business of pharmacies, manufacturers, distributors and other persons licensed under this chapter, and the books, registers and records of the department shall be prima facie evidence of the matters recorded.
450.02(2)
(2) The board shall adopt rules defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under
s. 450.05.
450.02(2g)(a)(a) The pharmacy examining board shall, after consultation with the medical examining board and the board of nursing, promulgate rules that establish criteria for approving courses under
ss. 450.035 (1r) and
(2) and
450.085 (1).
450.02(2g)(b)
(b) The board shall promulgate rules that establish requirements and procedures for the administration of a drug product or device, as defined in
s. 450.035 (1g), by a pharmacist under
s. 450.035 (1r) or by another person under
s. 450.035 (1t).
450.02(2m)
(2m) The board shall periodically prepare and distribute letters, bulletins or other types of notice to pharmacists that identify the courses that are approved for purposes of
ss. 450.035 (1r) and
(2) and
450.085 (1).
450.02(3)
(3) The board may promulgate rules:
450.02(3)(a)
(a) Relating to the manufacture of drugs and the distribution and dispensing of prescription drugs.
450.02(3)(b)
(b) Establishing security standards for pharmacies.
450.02(3)(c)
(c) Relating to the manufacture, distribution and dispensing of hypodermic syringes, needles and other objects used, intended for use or designed for use in injecting a drug.
450.02(3)(d)
(d) Necessary for the administration and enforcement of this chapter and
ch. 961.
450.02(3)(e)
(e) Establishing minimum standards for the practice of pharmacy.
450.02(3)(f)
(f) Establishing procedures for identifying pharmacists impaired by alcohol or other drugs or physical or mental disability or disease and for assisting those pharmacists in obtaining treatment.
450.02(3m)(a)(a) The board or its designee may grant a variance to a requirement of this chapter or to a rule promulgated by the board if all of the following are true:
450.02(3m)(a)1.
1. The board or its designee determines that a natural or man-made disaster or emergency exists or has occurred.
450.02(3m)(a)3.
3. The board or its designee determines that the variance is necessary to protect the public health, safety, or welfare.
450.02(3m)(am)
(am) If a member of the board disagrees with a decision made by a designee under
par. (a) or
sub. (3r), the board chairperson shall call a meeting of the board as soon as practicable to review the decision. The board may affirm or modify the designee's decision.
450.02(3m)(b)
(b) A variance granted under
par. (a) shall be for a stated term not to exceed 90 days, except that the board or its designee may extend the variance upon request by a pharmacist if it determines that an extension is necessary to protect the public health, safety, or welfare.
450.02(3r)(a)(a) The board or its designee may authorize a pilot program, and may grant a waiver or variance in connection with the pilot program from any rule promulgated by the board, if all of the following are true:
450.02(3r)(a)1.
1. The pilot program is related to the practice of pharmacy or prescription verification.
450.02(3r)(a)2.
2. The board or its designee determines that the pilot program will improve the safety, quality, or efficiency of the practice of pharmacy in this state.
450.02(3r)(b)
(b) The board or its designee may not authorize a pilot program under
par. (a) that lasts longer than 3 years.
450.02(4)
(4) The board may not promulgate a rule which does any of the following:
450.02(4)(a)
(a) Limits to a pharmacist the authority to sell or in any way interferes with the sale of nonnarcotic nonprescription drugs that are prepackaged for consumer use and labeled in compliance with all applicable state and federal laws.
450.02 Cross-reference
Cross-reference: See also
Phar, Wis. adm. code.
450.03
450.03
Pharmacist; licensure. 450.03(1)
(1) No person may engage in the practice of pharmacy or use the title “pharmacist" or sell, give away or barter drugs unless the person is licensed as a pharmacist by the board. This subsection does not apply to:
450.03(1)(b)
(b) The sale of any nonprescription drug product, in an original unbroken package, which complies with
21 USC 301 to
392.
450.03(1)(d)
(d) The delivery of complimentary samples of drug products or devices to a practitioner by a manufacturer or its agent acting in the usual course of business.
450.03(1)(e)
(e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under
s. 450.076, to practice professional or practical nursing or nurse-midwifery under
ch. 441, to practice dentistry or dental hygiene under
ch. 447, to practice medicine and surgery under
ch. 448, to practice optometry under
ch. 449 or to practice veterinary medicine under
ch. 89, or as otherwise provided by statute.
450.03 Note
NOTE: Par. (e) is shown as affected by
2015 Wis. Acts 3 and
55 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
450.03(1)(f)
(f) A person who has successfully completed his or her second year in, and is enrolled at, an accredited school of pharmacy and whose practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board.
450.03(1)(g)
(g) A person who has applied for a license under
s. 450.05 whose practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the person's application.
450.03(2)
(2) Except as provided in
s. 450.10, the board shall issue a license as a pharmacist to any person who does all of the following:
450.03(2)(a)
(a) Has received a professional degree from a pharmacy program approved by the board.
450.03(2)(b)
(b) Has completed an internship in the practice of pharmacy or has practical experience acquired in another state that is comparable to that included in an internship and that is approved and verified by the board or by the agency that is the equivalent of the board in the state in which the practical experience was acquired.
450.03 Cross-reference
Cross-reference: See also chs.
Phar 2 and
17, Wis. adm. code.
450.033
450.033
Services delegated by physician. A pharmacist may perform any patient care service delegated to the pharmacist by a physician, as defined in
s. 448.01 (5).
450.033 History
History: 2013 a. 294.
450.035
450.035
Administration of drug products and devices; vaccines. 450.035(1g)(1g) In this section, “drug product or device" does not include a vaccine.
450.035(1r)
(1r) A pharmacist may not administer by injection a prescribed drug product or device unless he or she has successfully completed a course of study and training in administration technique conducted by a course provider approved by the Accreditation Council for Pharmacy Education or the board. A pharmacist who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under
s. 450.02 (2g) (b). The pharmacist or his or her agent shall also, after the pharmacist administers a prescribed drug product or device under this subsection, notify the prescribing practitioner or enter the information in a patient record system shared by the prescribing practitioner.
450.035(1t)
(1t) A person engaged in the practice of pharmacy under
s. 450.03 (1) (f) or
(g) may not administer a prescribed drug product or device unless he or she has successfully completed a course of study and training in administration technique conducted by a course provider approved by the Accreditation Council for Pharmacy Education or the board. A person engaged in the practice of pharmacy under
s. 450.03 (1) (f) or
(g) may administer a prescribed drug product or device under this subsection only under the direct supervision of a pharmacist who has successfully completed a course of study and training in administration technique conducted by a course provider approved by the Accreditation Council for Pharmacy Education or the board. A person engaged in the practice of pharmacy under
s. 450.03 (1) (f) or
(g) who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under
s. 450.02 (2g) (b). The person or his or her agent shall also, after the person administers a prescribed drug product or device under this subsection, notify the prescribing practitioner or enter the information in a patient record system shared by the prescribing practitioner.
450.035(2)
(2) A pharmacist may not administer a vaccine unless he or she has successfully completed 12 hours in a course of study and training, approved by the Accreditation Council for Pharmacy Education or the board, in vaccination storage, protocols, administration technique, emergency procedures, and record keeping and has satisfied the requirements specified in
sub. (2t). A pharmacist may not administer a vaccine under this subsection to a person who is under the age of 6.
450.035(2g)
(2g) A person engaged in the practice of pharmacy under
s. 450.03 (1) (f) or
(g) may not administer a vaccine unless he or she acts under the direct supervision of a pharmacist and he or she and the supervising pharmacist have successfully completed 12 hours in a course of study and training, approved by the Accreditation Council for Pharmacy Education or the board, in vaccination storage, protocols, administration technique, emergency procedures, and record keeping and the supervising pharmacist has satisfied the requirements specified in
sub. (2t). A person engaged in the practice of pharmacy under
s. 450.03 (1) (f) or
(g) may not administer a vaccine under this subsection to a person who is under the age of 18.
450.035(2m)
(2m) Except as provided in
sub. (1t) or
(2g), a pharmacist may not delegate to any person any administration of a prescribed drug product or device or vaccine under
sub. (1r) or
(2).
450.035(2t)
(2t) A pharmacist may not administer a vaccine under
sub. (2) or supervise a person administering a vaccine under
sub. (2g) unless the pharmacist satisfies each of the following:
450.035(2t)(a)
(a) The pharmacist has in effect liability insurance that covers the pharmacist and a person who administers a vaccine under
sub. (2g) against loss, expense and liability resulting from errors, omissions or neglect in the administration of vaccines in an amount that is not less than $1,000,000 for each occurrence and $2,000,000 for all occurrences in any one policy year.
450.035(2t)(b)
(b) The pharmacist maintains proof that he or she satisfies the requirement specified in
par. (a) and, upon request, provides copies of such proof to the department or the board.
450.035(3)
(3) A pharmacist or a person engaged in the practice of pharmacy under
s. 450.03 (1) (f) or
(g) who successfully completes a course of study and training specified in
sub. (1r),
(1t),
(2), or
(2g) shall maintain proof of completion and, upon request, provide copies of such proof to the department or the board.
450.04(1)(1) Examinations for licensure as a pharmacist shall be designed to determine whether an applicant is competent to engage in the practice of pharmacy.
450.04(2)
(2) Examinations shall be conducted at least semiannually.
450.04(3)
(3) Every candidate for examination for licensure as a pharmacist shall submit an application on a form provided by the department and pay the fee specified in
s. 440.05 (1) at least 30 days before the date of examination.
450.04 Cross-reference
Cross-reference: See also ch.
Phar 4 and ss.
Phar 2.02 and
17.04, Wis. adm. code.
450.04 Annotation
Post-examination review with applicants discussed. 68 Atty. Gen. 48.
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 may deny a license as a pharmacist under this section to 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;
2013 a. 124.
