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. 961.385, until the name is delivered to the controlled substances board under
s. 961.385, 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 and in accordance with the prescription order of an advanced practice nurse prescriber under
s. 441.18 (2) (a) 1., or of a physician or physician assistant under
s. 448.037 (2) (a) 1., that complies with the requirements of
sub. (1), deliver an opioid antagonist to a person specified in the prescription order and may, upon and in accordance with the standing order of an advanced practice nurse prescriber under
s. 441.18 (2) (a) 2., or of a physician or physician assistant under
s. 448.037 (2) (a) 2., that complies with the requirements of
sub. (1), deliver an opioid antagonist to an individual in accordance with the 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.
450.11(1i)(c)2.
2. Subject to
par. (a) 2. and
ss. 441.18 (3) and
448.037 (3), any person who, acting in good faith, delivers or dispenses an opioid antagonist to another person shall be immune from civil or criminal liability for any outcomes resulting from delivering or dispensing the opioid antagonist.
450.11(1i)(c)3.
3. Subject to
ss. 256.40 (3) (b) and
895.48 (1g), any person who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers an opioid antagonist to that person shall be immune from civil or criminal liability for any outcomes resulting from the administration of the opioid antagonist to that person.
450.11(1m)
(1m) Electronic transmission. Except as provided in
s. 89.068 (1) (c) 4., a practitioner may transmit a prescription order electronically only if the patient approves the transmission and the prescription order is transmitted to a pharmacy designated by the patient.
450.11(2)
(2) Prescription order file. Every prescription order shall be filed in a suitable book or file and preserved for at least 5 years. Prescription orders transmitted electronically may be filed and preserved in electronic format.
450.11(3)
(3) Preparation of prescription drugs. Except as provided in
sub. (1i) (b) and
ss. 118.2925 (4),
255.07 (3), and
450.076, no person other than a pharmacist or practitioner or their agents and employees as directed, supervised, and inspected by the pharmacist or practitioner may prepare, compound, dispense, or prepare for delivery for a patient any prescription drug.
450.11(4)(a)(a) Except as provided under
par. (b), no prescribed drug or device may be dispensed unless there is a label attached to the container disclosing all of the following:
450.11(4)(a)1.
1. The name and address of the dispensing practitioner or licensed facility from which the prescribed drug or device was dispensed.
450.11(4)(a)1m.
1m. The telephone number of the pharmacy, if the prescribed drug or device is dispensed by an out-of-state pharmacy licensed under
s. 450.065.
450.11(4)(a)3.
3. The number of the prescription order as recorded in the prescription order file of the facility from which the prescription was dispensed.
450.11(4)(a)4.
4. The name of the practitioner who prescribed the drug or device.
450.11(4)(a)5.b.
b. For an antimicrobial drug dispensed under
sub. (1g), the full name of the patient, if known, or the words, “expedited partner therapy" or the letters “EPT."
450.11(4)(a)5.c.
c. For an opioid antagonist when delivered under
sub. (1i) (a), the name of the person to whom the opioid antagonist is delivered.
450.11(4)(a)6.
6. Directions for use of the prescribed drug or device as contained in the prescription order.
450.11(4)(a)7.
7. The name and strength of the prescribed drug dispensed, unless the prescribing practitioner requests omission of the name and strength of the drug dispensed.
450.11(4)(a)8.
8. The symptom or purpose for which the drug is being prescribed if the prescription order specifies the symptom or purpose under
sub. (4m).
450.11(4)(b)
(b) Paragraph (a) does not apply to complimentary samples of drug products or devices dispensed by a practitioner to his or her patients.
450.11(4g)(b)
(b) If a pharmacist, pursuant to a prescription order that specifies a drug product by its brand name, dispenses the drug product equivalent of the drug product specified in the prescription order, the label required under
sub. (4) (a) may include both the generic name of the drug product equivalent and the brand name specified in the prescription order, unless the prescribing practitioner requests that the brand name be omitted from the label.
450.11(4m)
(4m) Label options. If a patient indicates in writing to a practitioner who makes a prescription order for the patient that the patient wants the symptom or purpose for the prescription to be disclosed on the label, the practitioner shall specify the symptom or purpose in the prescription order.
450.11(5)(a)(a) No prescription may be refilled unless the requirements of
sub. (1) and, if applicable,
sub. (1m) have been met and written, oral, or electronic authorization has been given by the prescribing practitioner. Unless the prescribing practitioner has specified in the prescription order that dispensing a prescribed drug in an initial amount followed by periodic refills as specified in the prescription order is medically necessary, a pharmacist may exercise his or her professional judgment to dispense varying quantities of the prescribed drug per fill up to the total number of dosage units authorized by the prescribing practitioner in the prescription order including any refills, subject to
par. (b).
450.11(5)(b)1.1. The authority of a pharmacist under
par. (a) to dispense varying quantities of a drug applies only with respect to the refills, if any, specified in the prescription order and does not apply with respect to the initial quantity specified in the prescription order, except that a pharmacist may dispense a varying initial quantity of a drug using that authority if such quantity of that drug was previously dispensed to the patient in the previous 2-year period under an earlier prescription.
450.11(5)(b)2.
2. The authority of a pharmacist under
par. (a) to dispense varying quantities of a drug does not apply with respect to controlled substances.
450.11(5)(b)3.
3. A pharmacist may not use the authority under
par. (a) to dispense varying quantities of a drug to dispense more than a 90-day supply of a drug in a single fill or refill.
450.11(5)(c)
(c) An accurate record of refill dispensing shall be maintained showing the date and amount.
450.11(6)
(6) Sales of prescription drugs. In the event of any sale of prescription drugs in bankruptcy, at public auction or any other sale of prescription drugs other than in the normal course of business or practice, the seller shall give written notice of the sale to the board at least one week prior to the date of sale and shall make a complete and accurate written report of the sale to the board within 10 days after the sale, showing the name and address of all of the purchasers of prescription drugs together with an itemized inventory of the prescription drugs sold to each purchaser. This subsection does not apply to the sale of a manufacturer, distributor or pharmacy as an ongoing business or practice if the parties first notify the board of the impending sale.
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 willful misrepresentation or by forgery or alteration of a prescription order; or by willful concealment of a material fact; or by use of a false name or address.
450.11(7)(b)
(b) Information communicated to a physician, physician assistant, or advanced practice nurse prescriber 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 willfully 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 willfully 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) Except as provided in
sub. (1i) (b), 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 and physician assistants.
450.11(8)(bm)
(bm) The podiatry 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.
