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
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.
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.
Special orders may direct a pharmacist to cease and desist from engaging in particular activities.
History: 1985 a. 146
; 1987 a. 264
; 1989 a. 31
; 1991 a. 39
; 1993 a. 222
; 1995 a. 27
s. 9145 (1)
; 1995 a. 448
; 1997 a. 27
; 1999 a. 9
; 2001 a. 70
; 2009 a. 280
; 2013 a. 200
; 2015 a. 55
See also ch. Phar 10
, Wis. adm. code.
Prescription drugs and prescription devices. 450.11(1)(1)
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)
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.
Identification card required for certain controlled substances. 450.11(1b)(a)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
, or 51.09
; a facility under s. 45.50
, or 252.10
; and any other facility identified by the board by rule.
An operator's license issued under ch. 343
or under a comparable law of another state.
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.
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.
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.
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.
No identification card is required under par. (b)
if any of the following applies:
The drug is administered or dispensed directly to the ultimate user by a practitioner.
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.
The drug is delivered to a health care facility to be administered in the health care facility.
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.
Dispensing certain antimicrobial drugs for expedited partner therapy. 450.11(1g)(b)
A pharmacist may, upon the prescription order of a practitioner providing expedited partner therapy, as specified in s. 448.035
, that complies with the requirements of sub. (1)
, dispense an antimicrobial drug as a course of therapy for treatment of chlamydial infections, gonorrhea, or trichomoniasis to the practitioner's patient or a person with whom the patient has had sexual contact for use by the person with whom the patient has had sexual contact. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the dispensing of a prescription to the person to whom the antimicrobial drug is dispensed. A pharmacist providing a consultation under this paragraph shall ask whether the person for whom the antimicrobial drug has been prescribed is allergic to the antimicrobial drug and advise that the person for whom the antimicrobial drug has been prescribed must discontinue use of the antimicrobial drug if the person is allergic to or develops signs of an allergic reaction to the antimicrobial drug.
Except as provided in subd. 2.
, a pharmacist is immune from civil liability for injury to or the death of a person who takes an antimicrobial drug dispensed for that person under this subsection in connection with expedited partner therapy if the antimicrobial drug is dispensed as provided under par. (b)
The immunity under subd. 1.
does not extend to the distribution or dispensing of an antimicrobial drug by a pharmacist whose act or omission involves reckless, wanton, or intentional misconduct.
A pharmacist may, upon and in accordance with the prescription order of an advanced practice nurse prescriber under s. 441.18 (2) (a) 1.
, or of a physician or physician assistant under s. 448.037 (2) (a) 1.
, that complies with the requirements of sub. (1)
, deliver an opioid antagonist to a person specified in the prescription order and may, upon and in accordance with the standing order of an advanced practice nurse prescriber under s. 441.18 (2) (a) 2.
, or of a physician or physician assistant under s. 448.037 (2) (a) 2.
, that complies with the requirements of sub. (1)
, deliver an opioid antagonist to an individual in accordance with the order. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the delivery of a prescription to the person to whom the opioid antagonist is delivered.
A pharmacist who, acting in good faith, delivers an opioid antagonist in accordance with subd. 1.
, or who, acting in good faith, otherwise lawfully dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 450.10
for any outcomes resulting from delivering or dispensing the opioid antagonist.