History: 2021 a. 25
; s. 35.17 correction in (1), (4).
Home medical oxygen providers; licensure. 450.076(1)(a)
“Home medical oxygen provider" means a person that provides medical oxygen directly to a consumer or patient in this state for that consumer's or patient's own use.
“Licensed provider" means a home medical oxygen provider licensed under this section.
“Medical oxygen" means oxygen that is a prescription drug.
Except as provided in par. (b)
, no person may operate as a home medical oxygen provider, use the title “home medical oxygen provider" or any similar title, or hold itself out as a home medical oxygen provider unless the person is a licensed provider.
No license under this section is required for any of the following:
A hospital, excluding any home medical oxygen provider that is owned or operated by a hospital.
An employee or agent of a licensed provider acting within the scope of his or her employment or agency.
The board may grant a license to act as a home medical oxygen provider to a person that does all of the following:
Submits an application for licensure on a form provided by the board.
Satisfies any other requirements established by the board by rule.
The board shall promulgate rules implementing this section. The rules shall include rules governing the professional conduct of licensed providers and their employees and agents.
History: 2015 a. 3
License renewal. 450.08(1)(1)
The renewal date for all licenses granted by the board is specified under s. 440.08 (2) (a)
. Except as provided under sub. (2) (a)
, only a holder of an unexpired license may engage in his or her licensed activity.
A pharmacist's license may be renewed by complying with continuing education requirements under s. 450.085
and paying the applicable fee determined by the department under s. 440.03 (9) (a)
on or before the applicable renewal date specified under s. 440.08 (2) (a)
. Notwithstanding s. 440.08 (3) (a)
, if a pharmacist fails to obtain renewal by that date, the board may suspend the pharmacist's license, and the board may require the pharmacist to pass an examination to the satisfaction of the board to restore that license.
A pharmacy, manufacturer's, distributor's, or home medical oxygen provider's license may be renewed by paying the applicable fee determined by the department under s. 440.03 (9) (a)
on or before the applicable renewal date specified under s. 440.08 (2) (a)
Continuing education. 450.085(1)(1)
An applicant for renewal of a license under s. 450.08 (2) (a)
shall submit proof that he or she has completed, within the 2-year period immediately preceding the date of his or her application, 30 hours of continuing education in courses conducted by a provider that is approved by the Accreditation Council for Pharmacy Education or in courses approved by the board. Courses specified in s. 450.035 (1r)
are courses in continuing education for purposes of this subsection. This subsection does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.
The board may waive all or part of any requirement in sub. (1)
if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a pharmacist from meeting the requirement.
See also ch. Phar 16
, Wis. adm. code.
Pharmacy practice. 450.09(1)(a)(a)
Every pharmacy shall be under the control of the managing pharmacist who signed the pharmacy license application, the most recent license renewal application or the most recent amended schedule of operations. The managing pharmacist shall be responsible for the professional operations of the pharmacy. A pharmacist may be the managing pharmacist of not more than one community and one institutional pharmacy at any time and shall be engaged in the practice of pharmacy at each location he or she supervises. The board shall by rule define community pharmacy and institutional pharmacy for the purposes of this section.
If the managing pharmacist anticipates being continuously absent for a period of more than 30 days from a pharmacy he or she supervises, the managing pharmacist shall delegate the supervisory responsibility to another pharmacist for the duration of the absence by written power of attorney which shall be kept on file in the pharmacy to which the power of attorney applies. The pharmacist designated to assume the supervisory responsibility for the pharmacy during the managing pharmacist's absence shall be engaged in the practice of pharmacy at the pharmacy to which the power of attorney applies.
(2) Presence of pharmacist.
No pharmaceutical service may be provided to any person unless a pharmacist is present in the pharmacy to provide or supervise the service.
(4) Condition of pharmacy.
The pharmacy shall be maintained in a clean and orderly manner and the professional service area shall be equipped with proper fixtures and equipment for sanitation.
(6) Medication profile record system.
Every pharmacy shall maintain a medication profile record system of all drug products dispensed for a particular patient according to the minimum standards for such systems established by the board by rule. Every practitioner shall maintain a record of all drug products dispensed to each patient according to standards established by the appropriate examining board by rule. The standards established by each examining board shall require the recording of all renewal dispensing information required by federal and state law and related rules and regulations.
(7) Selection of drugs.
Drug products purchased for subsequent sale and dispensing at a pharmacy shall be selected for purchase by a pharmacist.
(7m) State prisons.
A prescription drug that is returned to a pharmacy that primarily serves patients confined in a state prison may be dispensed to any patient in any state prison, but only if all of the following are satisfied:
The prescription drug was never in the possession of the patient to whom it was originally prescribed.
The prescription drug is returned in its original container.
A pharmacist determines that the prescription drug has not been adulterated or misbranded.
Any person who violates this section may be assessed a forfeiture of not less than $25 nor more than $50 for each separate offense. Each day of violation constitutes a separate offense.
See also ch. Phar 7
, Wis. adm. code.
Duty to dispense contraceptives. 450.095(1)(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.
“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.
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:
The prescription contains an obvious or known error or contains inadequate instructions.
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.
Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.
Nothing in this section may be construed to abrogate a pharmacist's legal and ethical obligations to comply with the laws of this state.
History: 2009 a. 28
Disciplinary proceedings; immunity; orders. 450.10(1)(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)
Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license.
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.
Practicing pharmacy while the person's ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.
Engaging in false, misleading or deceptive advertising.
Making a substantial misrepresentation in the course of practice which is relied upon by another person.
Engaging in conduct in the practice of the licensee which evidences a lack of knowledge or ability to apply professional principles or skills.
Obtaining or attempting to obtain compensation by fraud or deceit.
Subject to subch. II of ch. 111
and the rules adopted under s. 440.03 (1)
, the board may reprimand the licensee or deny, revoke, suspend or limit the license or any combination thereof of any person licensed under this chapter who has:
Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee.
In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license 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.
In this subsection, “health care professional" means any of the following:
A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448
or a physical therapist or physical therapist assistant who holds a compact privilege under subch. X of ch. 448
Effective date note
Subd. 5. is shown as affected eff. 4-1-22 by 2021 Wis. Act 23
. Prior to 4-1-22 it reads:
Effective date text
5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448 or a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448.
A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457
A speech-language pathologist or audiologist licensed under subch. II of ch. 459
or a speech and language pathologist licensed by the department of public instruction.
Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 961
by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.