Chapter 255

255.056(3) (3) A drug or supplies may be accepted into inventory under the program specified in sub. (2) only if all of the following requirements are met:

255.056(3)(a) (a) The drug or supplies are in their unopened, tamper-evident packaging; if the drug or supplies are packaged in single-unit doses, the single-unit-dose packaging is unopened; or the drug or supplies have been repackaged as part of the program specified under sub. (2).

255.056(3)(b) (b) In the case of a drug, the drug is not expired.

255.056(3)(bm) (bm) In the case of a drug that requires temperature control other than room temperature storage, the drug has a method recognized by the U.S. Pharmacopeia to detect improper temperature variations during transit.

255.056(3m) (3m) A recipient may administer or dispense a drug or supply accepted into inventory under the program described in sub. (2) only if it meets all of the following requirements:

255.056(3m)(a) (a) If dispensed to a patient, the drug or supply is repackaged into a new container or all previous patient information on the donated container has been redacted or removed.

255.056(3m)(b) (b) The drug or supply is properly labeled in accordance with rules promulgated by the pharmacy examining board.

255.056(3m)(c) (c) For a prescription drug, the drug has an expiration or beyond use date that will not expire before the use by a patient based on the prescribing practitioner’s directions for use.

255.056(3m)(d) (d) For a nonprescription drug, the drug has an expiration or beyond use date on the package’s label.

255.056(3m)(e) (e) The drug or supplies are not adulterated or misbranded, as determined by a health care professional, who shall inspect the drug or supplies before the drug or supplies are dispensed.

255.056(3m)(f) (f) For a prescription drug or supplies used to administer a prescription drug, the drug or supplies are prescribed by a practitioner for use by an eligible patient and are dispensed by a pharmacist or practitioner with patient-specific written or electronic records maintained in accordance with rules promulgated by the pharmacy examining board.

255.056(4) (4) No drug or supplies that are donated for use under this section may be resold, and donated drugs or supplies shall be considered nonsaleable. For purposes of this subsection, handling, dispensing, or usual and customary charges to an eligible patient, health plan, pharmacy benefit manager, pharmacy services administrative organization, government agency, or other entity do not constitute reselling.

255.056(5) (5) Nothing in this section requires that a person participate in the program under this section.

255.056(6) (6) 

255.056(6)(a) (a) Unless the manufacturer of a drug or supply exercises bad faith, the manufacturer is not subject to criminal or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a drug or supply manufactured by the manufacturer that is donated by any person under this section, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.

255.056(6)(b) (b) Except as provided in par. (c), any person, except the manufacturer of a drug or supply, is immune from civil or criminal liability and may not be found guilty of unprofessional conduct for his or her acts or omissions related to prescribing, administering, replenishing, repackaging, donating, accepting, distributing, or dispensing a drug or supply, or facilitating any of those actions, under this section.

255.056(6)(c) (c) The immunity or the prohibition on a finding of guilty of unprofessional conduct under par. (b) does not extend to prescription, administration, replenishment, repackaging, donation, acceptance, distribution, or dispensation of a drug or supply by a person whose act or omission involves reckless, wanton, or intentional misconduct.

255.056(8) (8) 

255.056(8)(a) (a) Prior to the first donation of a drug or supplies from a person that has not previously donated to the recipient, a recipient must verify and record all of the following:

255.056(8)(a)1. 1. That the person meets the definition of “donor” provided in sub. (1) (bd).

255.056(8)(a)2. 2. The donor’s name, phone number, and license number, if applicable.

255.056(8)(a)3. 3. That the donor will make donations of drugs or supplies only in accordance with sub. (2m).

255.056(8)(a)4. 4. If applicable, that the donor will remove or redact any patient names and prescription numbers on donated drugs or supplies or will otherwise maintain patient confidentiality by executing a confidentiality agreement with the recipient.

255.056(8)(b) (b) No record about a donor, other than the records described under par. (a), may be required prior to or with a donation.

255.056(9) (9) A drug or supplies accepted under the program described in sub. (2) that does not meet the requirements of subs. (2m) and (3) shall be disposed of by returning the drug or supplies to the donor, destroying the drug or supplies by an incinerator, licensed waste hauler, or other lawful method, or transferring the drug or supplies to a returns processor. A record of the disposed drug or supplies shall consist of the disposal method described in this subsection, the date of disposal, and the name, strength, and quantity of each drug or supply disposed of. No record, other than the record described under this subsection, may be required for disposal of a drug or supplies.

255.056(10) (10) All donated drugs or supplies received under the program described in sub. (2) but not yet accepted into a recipient’s inventory shall be kept in a separate, designated area. Prior to or upon accepting or transferring a donation into inventory, a recipient shall maintain a written or electronic inventory of the donation that consists of the name, strength, and quantity of each accepted drug or supply, if applicable, and the name and phone number of the donor. A written or electronic inventory is not required if the 2 parties to the donation are under common ownership or control. No record of the acceptance or transfer of a donation, other than the written or electronic inventory described under this subsection, may be required.

255.056(11) (11) A recipient shall store and maintain drugs donated under the program described in sub. (2) physically or electronically separate from other inventory and in a secure and temperature-controlled environment that meets the drug manufacturer’s recommendations and U.S. Pharmacopeial Convention standards.

255.056(12) (12) A recipient shall label repackaged drugs or supplies that were donated under the program described in sub. (2) with the drug name, strength, and expiration date. If a recipient repackages multiple packaged donated drugs or supplies with varied expiration dates together, the recipient shall use the earliest expiration date.

255.056(13) (13) To the extent permitted by other laws, a recipient may dispense or administer a donated prescription drug received under the program described in sub. (2) to an eligible patient.

255.056(14) (14) The donation, transfer, receipt, or facilitation of donations, transfers, and receipt of drugs pursuant to this section does not constitute wholesale distribution and does not require licensure as a wholesale distributor. A drug manufacturer, repackager, dispenser, or wholesaler other than a returns processor participating in the program described in sub. (2) shall comply with the requirements of 21 USC 360eee-1 to 360eee-4 relating to drug supply chain security.

255.056(15) (15) When performing any action associated with the program described under sub. (2) or otherwise processing donated drugs or supplies for tax, manufacture, or other credit, a recipient is considered to be acting as a returns processor and shall comply with all recordkeeping requirements for nonsaleable returns under federal law.

255.056(16) (16) All records required under this section shall be retained by a recipient in physical or electronic format, on or off the recipient’s premises, for a period of 6 years. A recipient may contract with a donor or a 3rd party to create or maintain records on the recipient’s behalf. Except as provided under this subsection, an identifier, such as a serial number or bar code, may be used in place of any information required for a record or label under this section if it allows for the information to be readily retrievable. Upon request by a state or federal regulator, the identifier used for a requested record shall be replaced with the original information. An identifier may not be used on patient labels when dispensing or administering a drug.

255.056(17) (17) For purposes of this section, a donation or other transfer of possession or control of drugs or supplies is not a change of ownership unless it is specified as such by the recipient. If a record of the donation’s transaction information or history is required by a state or federal regulator, the record of the history shall begin with the donor of the drug or supplies, shall include all prior donations, and, if the drug or supply was previously dispensed, shall include only drug or supplies information that is required to be included on the patient label in accordance with rules promulgated by the pharmacy examining board.

255.056(18) (18) An entity participating in a drug donation or repository program operated by another state may participate in the program described in sub. (2) and, in the case of a pharmacy, may dispense donated drugs and supplies to the residents of this state. The entity shall comply with all laws and administrative rules in this state, unless the laws or administrative rules differ or conflict with the laws or rules in the state in which the entity is located.

255.056(19) (19) 

255.056(19)(a) (a) A recipient may dispense or administer a substitute for a donated, prescribed drug for any of the following:

255.056(19)(a)1. 1. A drug that is in stock and that is a therapeutically equivalent drug.

255.056(19)(a)2. 2. For a prescribed drug that is a biological product, an interchangeable biological product.

255.056(19)(b) (b) A substitution under par. (a) may include any of the following:

255.056(19)(b)1. 1. Splitting a combination drug into 2 or more drugs.

255.056(19)(b)2. 2. Combining 2 or more drugs into a combination drug.

255.056(19)(b)3. 3. A different form of the prescribed drug, including an oral tablet or capsule.

255.056(19)(c) (c) If a recipient dispenses or administers a substitute described in par. (a), the recipient shall inform the patient and the prescribing practitioner of the substitution, unless the recipient’s substitution policy for the program described in sub. (2) is readily available on the recipient’s website.

255.056(20) (20) A recipient operating primarily for the purpose of participating in the program described in sub. (2) is not required to possess a comprehensive or minimum supply of medicine.

255.056 History History: 2003 a. 175, 327; 2005 a. 16; 2009 a. 142; 2025 a. 231; s. 35.17 correction in (1) (d), (2h) (intro.), (a), (c), (3m) (intro.), (a), (b), (9), (10), (17).

255.056 Cross-reference Cross-reference: See also ch. DHS 148, Wis. adm. code.

255.06 255.06 Well-woman program.

255.06(1) (1) Definitions. In this section:

255.06(1)(a) (a) “Hospital” has the meaning given in s. 50.33 (2).

255.06(1)(b) (b) “Mammography” means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.

255.06(1)(c) (c) “Medicare” has the meaning given in s. 49.498 (1) (f).

255.06(1)(e) (e) “Poverty line” means the nonfarm federal poverty line for the continental United States, as defined in 42 USC 9902 (2).

255.06(1)(f) (f) “Women’s health nurse clinician” means any of the following:

255.06(1)(f)1. 1. A registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, naturopathic doctor, dentist, podiatrist, or advanced practice registered nurse.

255.06(1)(f)2. 2. An advanced practice registered nurse.

255.06(2) (2) Well-woman program. From the appropriation account under s. 20.435 (1) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under s. 20.435 (1) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:

255.06(2)(a) (a) Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older and whose income does not exceed 250 percent of the poverty line, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. The department shall reduce reimbursement for a service provided under this paragraph by the amount of any applicable 3rd-party coverage.

255.06(2)(b) (b) Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under pars. (a) and (c) and to promote health care screening services for women that are available under par. (e).

255.06(2)(c) (c) Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.

255.06(2)(d) (d) Specialized training for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of women’s health nurse clinicians to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.

255.06(2)(e) (e) Health care screening, referral, follow-up, case management, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, case management, and patient education to low-income, underinsured, and uninsured women.

255.06(2)(f) (f) Women’s health campaign. Conduct a women’s health campaign to do all of the following:

255.06(2)(f)1. 1. Increase women’s awareness of issues that affect their health.

255.06(2)(f)2. 2. Reduce the prevalence of chronic and debilitating health conditions that affect women.

255.06(2)(g) (g) Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.

255.06(2)(h) (h) Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.

255.06(2)(i) (i) Multiple sclerosis services. Allocate and expend up to $60,000 as reimbursement for the provision of multiple sclerosis services to women.

255.06(3) (3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under s. 250.20 (2) to (4), to ensure that disparities in the health of women who are minority group members are adequately addressed.

255.06(4) (4) Information about women who receive services. The department shall obtain and share information about women who receive services that are reimbursed under this section as provided in s. 49.475.

255.06 History History: 1991 a. 39 s. 3709, 3710, 3711; Stats. 1991 s. 146.0275; 1991 a. 269; 1993 a. 16; 1993 a. 27 s. 345; Stats. 1993 s. 255.06; 1995 a. 27; 1997 a. 27, 79; 2001 a. 16, 107, 109; 2003 a. 33; 2005 a. 25; 2007 a. 20, 130; 2009 a. 28; 2015 a. 188; 2017 a. 135; 2019 a. 9; 2021 a. 130, 239; 2025 a. 17.

255.065 255.065 Breast density notification.

255.065(1) (1) In this section:

255.065(1)(a) (a) “Dense breast tissue” means heterogeneously dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data System established by the American College of Radiology.

255.065(1)(b) (b) “Facility” has the meaning given in 42 USC 263b (a) (3).

255.065(1)(c) (c) “Mammography” has the meaning given in s. 255.06 (1) (b).

255.065(2) (2) A facility that performs mammography examinations shall, in delivering, as required under 42 USC 263b (f) (1) (G) (ii) (IV), a summary of the results of any mammography examination, provide to patients with dense breast tissue a notice regarding breast density in substantially the following form:

BREAST DENSITY NOTIFICATION

Your mammogram shows that your breast tissue is dense. Dense breast tissue is found in almost 40 percent of women and is a normal finding. However, studies show that dense breast tissue can make it harder to find cancer on a mammogram and is associated with a slightly increased risk of breast cancer. Regular screening mammograms are still recommended for you. This information is provided to raise your awareness about the result of your mammogram. You can use this information to talk with your health care professional about your own risks for breast cancer. Together, you can decide which screening options are right for you. The results of your mammogram were sent to your doctor. Please note that breast density is affected by several factors and may change over time.

255.065(3) (3) Nothing in this section may be construed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.

255.065 History History: 2017 a. 201.

255.07 255.07 Life-saving allergy medication; use of epinephrine.

255.07(1) (1) Definitions. In this section:

255.07(1)(a) (a) “Administer” means the direct application of an epinephrine delivery system to the body of an individual.

255.07(1)(b) (b) “Authorized entity” means any entity or organization, other than a school described in s. 118.2925, operating or participating in a business, activity, or event at which allergens capable of causing anaphylaxis may be present, including a recreational and educational camp, college, university, day care facility, youth sports league, amusement park, restaurant, place of employment, and sports arena.

255.07(1)(bg) (bg) “Authorized individual” means an individual who has successfully completed the training program under sub. (5).

255.07(1)(cm) (cm) “Epinephrine delivery system” means a device that is approved by the federal food and drug administration, that contains a premeasured dose of epinephrine, and that is used to administer epinephrine into the human body to prevent or treat a life-threatening allergic reaction.

255.07(1)(d) (d) “Health care practitioner” means a physician, a physician assistant, or an advanced practice registered nurse who may issue prescription orders under s. 441.09 (2).

255.07(2) (2) Prescribing to an authorized entity or individual permitted.

255.07(2)(a) (a) A health care practitioner may prescribe an epinephrine delivery system in the name of an authorized entity or an authorized individual for use in accordance with this section. A health care practitioner may issue to one or more persons a standing order authorizing the dispensing of epinephrine delivery systems for use under sub. (4) by an authorized individual or by an employee or agent of an authorized entity who has completed the training required by sub. (5).