450.09 450.09 Pharmacy practice.
450.09(1)(1)Managing pharmacist.
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, but a pharmacy that is operated exclusively as a remote dispensing site shall not be considered a community pharmacy or institutional pharmacy for the purposes of this paragraph.
Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-22 by 2021 Wis. Act 101. Prior to 7-1-22 it reads:
Effective date text (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.
450.09(1)(b) (b) 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.
450.09(2) (2)Supervision by pharmacist.
450.09(2)(a) (a) No pharmaceutical service may be provided to any person unless a pharmacist is present in the pharmacy to provide or supervise the service, except as provided in par. (b).
450.09(2)(b)1.1. A pharmacist is not required to be present in a pharmacy if the pharmacy is any of the following locations:
450.09(2)(b)1.a. a. A health care facility under s. 150.84 (2) or a facility identified under s. 980.065.
450.09(2)(b)1.b. b. The office or clinic of a practitioner.
450.09(2)(b)1.c. c. A county jail, rehabilitation facility under s. 59.53 (8), state prison under s. 302.01, or county house of correction under s. 303.16 (1).
450.09(2)(b)1.d. d. A juvenile correctional facility under s. 938.02 (10p), juvenile detention facility under s. 938.02 (10r), residential care center for children and youth under s. 938.02 (15d), secured residential care center for children and youth under s. 938.02 (15g), type 1 juvenile correctional facility under s. 938.02 (19), type 2 residential care center for children and youth under s. 938.02 (19r), or type 2 juvenile correctional facility under s. 938.02 (20).
450.09(2)(b)2. 2. Whenever a pharmacist is not present at the pharmacy when allowed under subd. 1., all of the following shall apply:
450.09(2)(b)2.a. a. The pharmacy shall be considered a remote dispensing site and shall be subject to and governed by any rules promulgated under s. 450.02 (5).
450.09(2)(b)2.b. b. A pharmacist shall remotely supervise the pharmaceutical services provided, consistent with any rules promulgated under s. 450.02 (5).
Effective date note NOTE: Sub. (2) is shown as affected eff. 7-1-22 by 2021 Wis. Act 101. Prior to 7-1-22 it reads:
Effective date text (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.
450.09(4) (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.
450.09(6) (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.
450.09(7) (7)Selection of drugs. Drug products purchased for subsequent sale and dispensing at a pharmacy shall be selected for purchase by a pharmacist.
450.09(7m) (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:
450.09(7m)(a) (a) The prescription drug was never in the possession of the patient to whom it was originally prescribed.
450.09(7m)(b) (b) The prescription drug is returned in its original container.
450.09(7m)(c) (c) A pharmacist determines that the prescription drug has not been adulterated or misbranded.
450.09(8) (8)Penalties. 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.
450.09 History History: 1985 a. 146; 2003 a. 54; 2017 a. 18; 2021 a. 101 ss. 9 to 13.
450.09 Cross-reference Cross-reference: See also ch. Phar 7, Wis. adm. code.
450.095 450.095 Duty to dispense contraceptives.
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(2)(c) (c) The prescription is potentially fraudulent.
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.
450.095 History History: 2009 a. 28, 276.
450.10 450.10 Disciplinary proceedings; immunity; orders.
450.10(1)(1)
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.
Effective date note NOTE: Subd. 1. is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text 1. 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.
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.
Effective date note NOTE: Subd. 2. is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text 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.
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.
Effective date note NOTE: Subd. 3. is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text 3. Practicing pharmacy 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.
Effective date note NOTE: Subd. 6. is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text 6. Engaging in conduct in the practice of the licensee which 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)(a)8. 8. Violating any order of the board.
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:
Effective date note NOTE: Par. (b) (intro.) is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text (b) 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:
450.10(1)(b)1. 1. Engaged in unprofessional conduct.
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.
Effective date note NOTE: Subd. 3. is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text 3. Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee.
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.
Effective date note NOTE: Sub. (2) is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text (2) 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.
450.10(3) (3)
450.10(3)(a)(a) In this subsection, “health care professional" means any of the following:
450.10(3)(a)1. 1. A pharmacist or pharmacy technician licensed or registered under this chapter.
Effective date note NOTE: Subd. 1. is shown as amended eff. 1-1-23 by 2021 Wis. Act 100. Prior to 1-1-23 it reads:
Effective date text 1. A pharmacist licensed under this chapter.
450.10(3)(a)2. 2. A nurse licensed under ch. 441.
450.10(3)(a)3. 3. A chiropractor licensed under ch. 446.
450.10(3)(a)4. 4. A dentist licensed under ch. 447.
450.10(3)(a)5. 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a physical therapist or physical therapist assistant who holds a compact privilege under subch. X of ch. 448, or an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XI of ch. 448.
450.10 Note NOTE: Subd. 5. is shown as affected by 2021 Wis. Acts 23 and 123 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
450.10(3)(a)5m. 5m. A dietitian certified under subch. V of ch. 448.
450.10(3)(a)5q. 5q. An athletic trainer licensed under subch. VI of ch. 448.
450.10(3)(a)6. 6. An optometrist licensed under ch. 449.
450.10(3)(a)7. 7. An acupuncturist certified under ch. 451.
450.10(3)(a)8. 8. A veterinarian licensed under ch. 89.
450.10(3)(a)9. 9. A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).
450.10(3)(a)10. 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.
450.10(3)(a)11. 11. 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.
450.10(3)(a)12. 12. A naturopathic doctor or limited-scope naturopathic doctor licensed under ch. 466.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 240 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on May 20, 2022. Published and certified under s. 35.18. Changes effective after May 20, 2022, are designated by NOTES. (Published 5-20-22)