PHARMACY
Controlled substances
Researcher must obtain Controlled Substances Board registration to obtain controlled substances under Wisconsin law even though such substances are exempt under federal law. (Unpub.). 66-1976
Counties
County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where State is solely liable for payment. 64-108
Licenses and permits
The Pharmacy Examining Board may utilize the services of a National Examining Board in passing on applicants for licensure, but the Board must make the final decision as to licensure. The conditions of post-examination review with applicants discussed. 68-48
Medicaid patients
County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where State is solely liable for payment. 64-108
Out-of-state
Out-of-state pharmacist not registered in Wisconsin is in violation of secs. 450.04(2) and 450.07(3), Stats., where he or she on a regular and continuing basis solicits orders for the retail sale of prescription drugs, where preparation is out-of-state and delivery is by mail to patients located in Wisconsin. 72-121
Prescribed drugs
The provisions of ch. 168, Laws of 1975, allow only limited substitution of prescribed drugs through a formulary. 65-137
Pricing arrangements
The State and local units of government are not "purchasers" under sec. 100.31, Stats., and sellers of drugs are not prohibited from offering or according to them pricing arrangements which are not made available to other purchasers. 65-59
Vitamins
Vitamins not intended for use in the diagnosis, cure, investigation, treatment or prevention of diseases are not drugs within the meaning of sec. 450.06, Stats., and may be sold in stores other than pharmacies. 66-137
PHARMACY, STATE BOARD OF
Licenses and permits
A letter of reprimand properly may be imposed only after affording opportunity for hearing as provided for in a Class 2 contested case. Sec. 227.01(2)(b), Stats. If no objection was made by licensees appearing before the Board on previous reprimand hearings and if there was substantial compliance with sec. 227.07, Stats., irregularities in procedure may be considered waived. 67-188
Registration renewal of pharmacist
Section 450.02, Stats., providing for the lapse of the right of a pharmacist to practice for failure to renew his or her registration within sixty days of the Pharmacy Board's second notice of expiration, requires actual notice by the Board. 75-68
PHYSICAL THERAPISTS
Practicing without referral
Discussion of circumstances under which a physical therapist may practice without a referral pursuant to section 448.04(1)(e), Stats. 75-217
PHYSICIANS AND SURGEONS
See also MEDICAL TREATMENT; PUBLIC HEALTH
Chiropractic practice
The Medical Practices Act, ch. 448, Stats., permits a physician, subject to certain limitations, to advise a patient whether or not continued chiropractic care is necessary, and the giving of such advice while it may technically fall within the definition of chiropractic practice, does not constitute the unauthorized practice of chiropractic. 68-316
Confidential communications
A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981(3), Stats., when the abuser, rather than the victim, is seen in the course of professional duties. Section 51.30 does not act as a bar to such reports made in good faith. 76-39
Physician-patient privileges expressed in sec. 905.04, Stats., is a testimonial privilege only, and has no existence outside of judicial proceedings. Under sec. 448.18(1)(d), Stats., a physician is ethically precluded from disclosing confidential communications unless otherwise provided in law or disclosure is required to prevent danger to the patient or the community. 64-82
Corporations
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
Crime victim compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Dismissal stipulation
If a submission of controversy under ch. 655, Stats., is dismissed on the merits by voluntary agreement, the claimant is barred from commencing a second action on the same claim, but claimant may be relieved from the dismissal stipulation and the matter may be effectively "reopened" if there is a basis for according relief and the Patients Compensation Panel exercises its discretion to grant such relief. 71-1
Dispensing drugs, medicines
The practice of dispensing drugs, medicines, or other articles by physicians' office personnel permitted by 41 OAG 23 (1952) within the purview of sec. 450.04(3), Stats., is not in violation of sec. 450.04(2), Stats., prohibiting dispensing of such items by persons other than registered pharmacists or registered assistant pharmacists under pharmacist supervision, or in violation of sec. 450.07, Stats., prohibiting the delivering of a prescription drug without a prescription of a practitioner. Long-standing 41 OAG 23 is not modified. Violations of sec. 450.04(2) or sec. 450.07(2), Stats., should be reported to appropriate law enforcement authorities. 63-335
Emergency medical services
The coordinating physician, as defined in Wis. Admin. Code ch. H 21, is the person authorized to establish policies and procedures in providing emergency medical services under the Emergency Medical Services Act. 76-159
Eye enucleation
Special training is required of medical personnel as well as morticians before they perform eye enucleation. 77-207
Fee-splitting"
There is no violation of the "fee-splitting" statute, sec. 448.08(1), Stats., where a physician, through a service corporation owned by the physician, bills the patient for his own services, and that of physical therapist employed by the corporation, provided the billing states an accurate dollar figure for the respective services. A medical professional service corporation is not in violation of sec. 180.99(2), Stats., when physical therapists are on the staff of the corporation. 71-108
An organization qualifies as a medical education and research organization under section 448.08(5), Stats., if its dominant purpose and primary function is to provide medical education and conduct medical research and if it is otherwise a nonprofit organization. A parent and wholly-owned subsidiary corporation, together, may qualify as an organization. (Unpub.). 31-1986
Liability
Volunteer physicians who give immunizations for local public agencies under rules of the Department of Health and Social Services are not state agents for purposes of liability indemnification. 80-1
Loans
If sec. 39.377, Stats., is repealed or amended to change the eligibility guidelines, the State would not be liable under the former guidelines to students who have not yet effectively acted in reliance on the statute in setting up their qualifying health care practice in a particular area. 71-203
Negligence finding
A finding of negligence by a patients compensation panel against a physician who is not a named party in the proceedings should be reported to the Medical Examining Board for investigation. 75-71
Open meetings
The Clinical Practice Plan Committee, Departmental Practice Plan Committees and University of Wisconsin Clinical Practice Association, which are components of the University of Wisconsin School of Medicine Clinical Practice Plan, are "governmental bodies" as defined in sec. 19.82(1), Stats., and subject to the Open Meetings Law. 70-140
Patient immunization records
Substantive principles of professional medical conduct are not breached by a doctor's disclosing to public health authorities information about the immunization status of his patients, as reflected in his records, without specific permission of the patients. 65-4
