(9) Penalties and enforcement proceedings. 450.11(9)(a)(a)
Except as provided in par. (b)
, any person who violates this section may be fined not more than $500 or imprisoned not more than 6 months or both.
Any person who delivers, or who possesses with intent to manufacture or deliver, a prescription drug in violation of this section is guilty of a Class H felony.
In any action or proceeding brought for the enforcement of this section, it shall not be necessary to negate any exception or exemption contained in this section, and the burden of proof of any such exception or exemption shall be upon the defendant.
History: 1985 a. 146
; 1997 a. 27
; 2001 a. 109
; 2005 a. 187
; 2007 a. 97
; 2009 a. 113
; 2011 a. 159
; 2013 a. 199
; 2015 a. 3
; s. 13.92 (2) (i).
Drug disposal programs and authorizations. 450.115(1)(a)
"Guardian" means the person named by the court under ch. 880
, 2003 stats., or ch. 48
that has the duty and authority of guardianship.
"Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of those persons.
"Trustee" means a person that holds in trust title to or power over property. "Trustee" includes an original, added, or successor trustee.
"Ward" means a person for whom a guardian has been appointed.
Nothing in this chapter, or rules promulgated under this chapter, prohibits any of the following:
The transfer of a prescription drug by a person that lawfully possesses the prescription drug to a drug disposal program that is authorized under s. 165.65 (2)
or is authorized under federal law, as defined in s. 165.65 (1) (a)
, and that accepts the prescription drug.
Subject to sub. (4)
, the possession of a prescription drug under a written authorization described in sub. (3)
A guardian may grant written authorization to an adult who is related to the guardian's ward by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16)
, or to a domestic partner of the ward under ch. 770
, for the disposal of a prescription drug that belongs to the ward.
A personal representative or a trustee may grant written authorization to an adult beneficiary, as defined in s. 701.20 (2) (b)
[s. 701.1102 (1m)
], of the estate or trust for the disposal of a prescription drug that belongs to the estate or trust.
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
A person who is a competent adult may grant written authorization to that person's domestic partner under ch. 770
or to another adult who is related to that person by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16)
, for the disposal of a prescription drug that lawfully belongs to that person.
A written authorization under sub. (3)
is valid only to the extent permitted under federal law and only if all of the following conditions are satisfied:
The authorization describes with reasonable specificity each prescription drug that is to be disposed of.
The authorization is in the physical possession of the person authorized to dispose of the prescription drug and each prescription drug described in the authorization is, within 24 hours after the authorization is signed by the person granting the authorization, transferred to a drug disposal program under s. 165.65
or otherwise lawfully disposed of.
The authorization and each prescription drug to be disposed of were obtained without consideration.
History: 2013 a. 198
Labeling of prescription drugs and prescription drug products. 450.12(1)(a)
"Brand name" means the name, other than the generic name, that the labeler of a drug or drug product places on its commercial container at the time of packaging.
"Generic name" means the official or established name given a drug by the U.S. department of health and human services or the U.S. adopted names council.
The manufacturer's or distributor's commercial container of every prescription drug or prescription drug product delivered to any pharmacist, practitioner, hospital or nursing home shall bear a label containing the generic name of the drug, if any, the brand name of the drug or drug product, if any, the name and address of the manufacturer of the drug or drug product and, if different from the manufacturer, the name and address of the distributor of the drug or drug product.
Every prescription order or medication profile record shall include the brand name, if any, or the name of the manufacturer or distributor of the drug product dispensed.
History: 1985 a. 146
Drugs for animal use.
In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 89.068
History: 1991 a. 306
; 2015 a. 55
Using drug product equivalent in dispensing prescriptions. 450.13(1)(1)
Drug product or equivalent to be used.
Except as provided in sub. (2)
, a pharmacist shall dispense every prescription using either the drug product prescribed or its drug product equivalent, if its drug product equivalent is lower in price to the consumer than the drug product prescribed, and shall inform the consumer of the options available in dispensing the prescription. In this section, "drug product equivalent" means a drug product that is designated the therapeutic equivalent of another drug product by the federal food and drug administration.
A prescriber may indicate, by writing on the face of the prescription order or, with respect to a prescription order transmitted electronically, by designating in electronic format the phrase "No substitutions" or words of similar meaning or the initials "N.S.", that no substitution of the drug product prescribed may be made under sub. (1)
. If such indication is made, the pharmacist shall dispense the prescription with the specific drug product prescribed. No preprinted statement regarding drug product substitution may appear on the face of the prescription order.
(3) Renewed prescriptions.
Prescriptions dispensed with a drug product equivalent may be renewed with a different drug product equivalent only if the pharmacist informs the consumer of the change.
(4) Limitation on liability.
A pharmacist who dispenses a prescription with a drug product equivalent under this section assumes no greater liability than would be incurred had the pharmacist dispensed the prescription with the drug product prescribed.
(5) Use of drug product equivalent in hospitals. Subsections (1)
do not apply to a pharmacist who dispenses a drug product equivalent that is prescribed for a patient in a hospital if the pharmacist dispenses the drug product equivalent in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of the hospital and approved by the hospital's medical staff and use of the drug product equivalent has been approved for a patient during the period of the patient's stay within the hospital by any of the following:
The patient's advanced practice nurse prescriber, if the advanced practice nurse prescriber has entered into a written agreement to collaborate with a physician.
No person may deliver any highly toxic substance unless the delivery is made on the prescription order of a practitioner or complies with pars. (a)
The container shall be plainly labeled with the name of the substance, the name and address of the person delivering the substance and, except as provided in sub. (3)
, the word "Poison".
The person delivering the substance shall ascertain that the recipient is aware of the poisonous character of the substance and desires it for a lawful purpose.
Before delivery, the person delivering the substance shall record in a book kept for that purpose the name of the article or substance, the quantity, the purpose, the date, the name and address of the person for whom procured and the signature of the individual personally delivering the article or substance. The record shall be signed by the person to whom the substance is delivered. Each book containing records required under this paragraph shall be preserved by the owner of the book for at least 3 years after the date of the last entry and shall be open to inspection by authorized officers.
If the recipient is under 18 years of age, he or she must have the written order of an adult.
A "Poison" label under sub. (2) (a)
is not required for liniments, ointments or other external preparations which are plainly labeled "for external use only".
This section does not apply to manufacturers or distributors selling at wholesale nor to pesticides which comply with ss. 94.67
Any person who violates this section is guilty of a Class H felony.
Reporting potential causes of public health emergency. 450.145(1)(1)
Within 24 hours after an occurrence of any of the following, a pharmacist or pharmacy shall report the occurrence electronically, by fax machine, by telephone, or in writing to a local health department, as defined in s. 250.01 (4)
, or the department of health services:
An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold by the pharmacist or pharmacy for the treatment of medical conditions specified by the department of health services by rule under s. 252.02 (7)
An unusual increase in the number of prescriptions dispensed by the pharmacist or pharmacy that are antibiotic drugs.
The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 323.02 (4)
Except as provided in sub. (2)
, a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a)
, or (c)
In submitting a report under sub. (1)
, a pharmacist or pharmacy shall include personally identifying information other than a social security number concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a)
, or (c)
Placing prescription drugs prohibited. 450.15(1)(1)
Except as otherwise provided by law, no person may put, or cause to be put, any prescription drug in any public place, or upon any private premises without the consent of the owner or occupant.
Any person who violates this section is guilty of a Class H felony.
As applied to the defendant, s. 450.09 [now 450.15] was not unconstitutionally overbroad or vague. Butala v. State, 71 Wis. 2d 569
, 239 N.W.2d 32
Exhibition, display or advertisement of certain vending machines by use of certain material prohibited. 450.155(1)(a)
"Contraceptive article" means any drug, medicine, mixture, preparation, instrument, article or device of any nature used or intended or represented to be used to prevent a pregnancy.
"Material" means any visual representation, image, printed matter however reproduced or sound recording.
"Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it does all of the following:
Predominantly appeals to the prurient, shameful or morbid interest of minors.
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
Lacks serious literary, artistic, political or scientific value, if taken as a whole, for minors.
"Knowledge of the minor's age" means knowledge or information that the person is a minor.
"Knowledge of the nature of the material" means any of the following:
Knowledge of the character and content of any material described herein.
Knowledge or information that the material described herein has been adjudged to be harmful to minors in a proceeding instituted under sub. (2)
, or is the subject of a pending proceeding instituted under sub. (2)
"Minor" means any person under the age of 18 years.
"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
"Person" means any individual, partnership, firm, association, corporation or other legal entity.
"Sadomasochistic abuse" means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.
"Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
"Vending machine" means any mechanical device which automatically dispenses contraceptive articles upon the deposit in it of specified coins in payment for the contraceptive articles.
(2) Exhibition, display or advertisement of certain vending machines by use of material harmful to minors.