450.09 Cross-referenceCross-reference: See also ch. Phar 7, Wis. adm. code.

450.095(1)(1) In this section:

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.

450.10(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 registration or for renewal or reinstatement of a license or registration.

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 or registrant.

450.10(1)(a)3.3. Engaging in the practice of pharmacy or practicing as a pharmacy technician 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 or registrant that 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 registrant or deny, revoke, suspend, or limit the license or registration or any combination thereof of any person licensed under this chapter who has:

450.10(1)(b)2.2. Been adjudicated mentally incompetent by a court.

450.10(1)(b)3.3. Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee or registrant.

450.10(2)(2) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license or registration 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.