450.085(2) (2)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.
450.085 History History: 1997 a. 68; 1997 a. 237 s. 727m; 2013 a. 124.
450.085 Cross-reference Cross-reference: See also ch. Phar 16, Wis. adm. code.
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.
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) 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.
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 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.
450.10(1)(a)3. 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 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 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.
450.10(2) (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 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.
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 licensed under ch. 455.
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)(b) (b) 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.
450.10(4) (4)
450.10(4)(a)(a) The secretary may, in case of the need for emergency action, issue general and special orders necessary to prevent or correct actions by any pharmacist under this section that would be cause for suspension or revocation of a license.
450.10(4)(b) (b) Special orders may direct a pharmacist to cease and desist from engaging in particular activities.
450.10 Cross-reference Cross-reference: See also ch. Phar 10, Wis. adm. code.
450.10 Annotation Administrative rules describing unprofessional conduct are applied. Noesen v. Department of Regulation and Licensing, 2008 WI App 52, 311 Wis. 2d 237, 751 N.W.2d 385, 06-1110.
450.11 450.11 Prescription drugs and prescription devices.
450.11(1)(1)Dispensing. Except as provided in sub. (1i) (b) 2., no person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall, except as provided in sub. (1a), specify the date of issue, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device, the symptom or purpose for which the drug is being prescribed if required under sub. (4) (a) 8., and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in ss. 118.2925 (3), 255.07 (2), 441.18 (2) (a) 1., 448.035 (2), and 448.037 (2) (a) 1. and except for standing orders issued under s. 441.18 (2) (a) 2. or 448.037 (2) (a) 2., all prescription orders shall also specify the name and address of the patient. A prescription order issued under s. 118.2925 (3) shall specify the name and address of the school. A prescription order issued under s. 255.07 (2) shall specify the name and address of the authorized entity or authorized individual. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2).
450.11(1a) (1a) Chart orders. A prescription order entered on the chart or medical record of an inpatient or resident of a health care facility by a practitioner is not required to include the address of the practitioner.
450.11(1b) (1b) Identification card required for certain controlled substances.
450.11(1b)(a) (a) In this subsection:
450.11(1b)(a)1. 1. “Health care facility" means a facility, as defined in s. 647.01 (4); any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex, or other place licensed or approved by the department of health services under s. 49.70, 49.71, 49.72, 50.03, 50.032, 50.033, 50.034, 50.35, 51.08, or 51.09; a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42, or 252.10; and any other facility identified by the board by rule.
450.11(1b)(a)2. 2. “Identification card" means any of the following:
450.11(1b)(a)2.a. a. An operator's license issued under ch. 343 or under a comparable law of another state.
450.11(1b)(a)2.b. b. An identification card issued under s. 343.50 or under a comparable law of another state.
450.11(1b)(a)2.c. c. An identification card issued by a U.S. uniformed service.
450.11(1b)(a)2.d. d. A U.S. or foreign passport.
450.11(1b)(a)2.e. e. A tribal identification card, as defined in s. 134.695 (1) (cm).
450.11(1b)(b) (b) Except as provided under par. (e), a controlled substance included in schedule II or III of ch. 961 may not be dispensed, and may not be delivered to a representative of the ultimate user, without an identification card belonging to the person to whom the drug is being dispensed or delivered.
450.11(1b)(bm) (bm) A pharmacist or other person dispensing or delivering a drug shall legibly record the name on each identification card presented under par. (b) to the pharmacist or other person, and the name of each person to whom a drug is dispensed or delivered subject to par. (e) 2., and shall maintain that record for a time established by the board by rule or, for a record that is subject to s. 961.385, until the name is delivered to the controlled substances board under s. 961.385, whichever is sooner.
450.11(1b)(c) (c) If the person to whom a drug subject to par. (b) is being delivered is not the ultimate user of the drug, the person delivering the drug may ask the ultimate user of the drug to designate a person who is authorized to pick up the drug on behalf of the ultimate user and may inform the person to whom the drug is being delivered that his or her identification is being recorded.
450.11(1b)(d) (d) A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on an identification card that the pharmacist reasonably believed was authentic and displayed the name of the person to whom the drug was being delivered if the sale was made in good faith.
450.11(1b)(e) (e) No identification card is required under par. (b) if any of the following applies:
450.11(1b)(e)1. 1. The drug is administered or dispensed directly to the ultimate user by a practitioner.
450.11(1b)(e)2. 2. The pharmacist or other person dispensing or delivering the drug has personal knowledge of the person to whom the drug is dispensed or delivered and that the person is the ultimate user or the ultimate user's authorized representative.
450.11(1b)(e)3. 3. The drug is delivered to a health care facility to be administered in the health care facility.
450.11(1b)(f) (f) The board may, by rule, establish an exemption from the requirements under this subsection for the delivery of a drug by mail if the board determines that the exemption is necessary.
450.11(1g) (1g) Dispensing certain antimicrobial drugs for expedited partner therapy.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 19, 2019. Published and certified under s. 35.18. Changes effective after August 19, 2019, are designated by NOTES. (Published 8-19-19)