Chapter 450, PHARMACY EXAMINING BOARD

450.01 Definitions. In this chapter: (1) “Administer” means the direct application of a vaccine or a prescribed drug or device, whether by injection, ingestion or any other means, to the body of a patient or research subject by any of the following: (a) A practitioner or his or h…

450.02 Pharmacy examining board. (1) The department shall keep a record of the proceedings and a register of the names and places of practice or business of pharmacies, manufacturers, wholesale distributors, 3rd-party logistics providers, out-of-state 3rd-party logistics provider…

450.03 Pharmacist; licensure. (1) No person may engage in the practice of pharmacy or use the title “pharmacist” or sell, give away or barter drugs unless the person is licensed as a pharmacist by the board. This subsection does not apply to: (a) The offer to sell or sale of cont…

450.033 Services delegated by physician. A pharmacist may perform any patient care service delegated to the pharmacist by a physician, as defined in s. 448.01 (5). History: 2013 a. 294.

450.035 Administration of drug products and devices; vaccines. (1g) In this section, “drug product or device” does not include a vaccine. (1r) A pharmacist may not administer by injection a prescribed drug product or device unless he or she has successfully completed a course of …

450.04 Examinations. (1) Examinations for licensure as a pharmacist shall be designed to determine whether an applicant is competent to engage in the practice of pharmacy. (2) Examinations shall be conducted at least semiannually. (3) Every candidate for examination for licensure…

450.05 Pharmacist licensed in other state; licensure. The board may, upon application and payment of the fee specified in s. 440.05 (2), license as a pharmacist any person who is licensed in another state if the person produces satisfactory evidence of having met requirements com…

450.06 Pharmacies located in this state; licensure. (1) No pharmacist or person engaged in the practice of pharmacy under s. 450.03 (1) (f), (g), or (i) may dispense at any location in this state that is not licensed as a pharmacy by the board. No person in this state may use or …

450.065 Out-of-state pharmacies; licensure. (1) No pharmacy that is in another state may ship, mail, or otherwise deliver a prescribed drug or device to persons in this state unless the pharmacy is licensed under sub. (2). (2) The board shall issue a license to a pharmacy that is…

450.068 Pharmacy technicians; registration. (1) No person may engage in the practice of a pharmacy technician or use the title “pharmacy technician” or “pharmacy tech” unless the person is registered as a pharmacy technician by the board. (2) Except as provided in s. 450.10, the …

450.07 Manufacturers; licensure. (1) Except as provided under sub. (1m), no person may engage in manufacturing in this state unless the person obtains a manufacturer’s license from the board. For the issuance of a license under this subsection, the applicant shall pay the initial…

450.071 Wholesale distributors; licensure. (1) No person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs. The board shall exempt a manuf…

450.072 Wholesale distributors; restrictions on transactions. (1) A wholesale distributor shall receive prescription drug returns or exchanges from a pharmacy, a person authorized to administer or dispense drugs, or a pharmacy’s intracompany warehouse pursuant to the terms and co…

450.073 Wholesale distributors; pedigree. (1) A wholesale distributor shall establish and maintain a pedigree for each prescription drug that leaves, or has ever left, the normal distribution channel. Before a wholesale distribution of a prescription drug leaves the normal distri…

450.074 Wholesale distributors; prohibited actions, enforcement, penalties. (1) If the board finds that there is a reasonable probability that a wholesale distributor, other than a manufacturer, has done any of the following, that continued distribution of a prescription drug inv…

450.075 Third-party logistics providers; licensure. (1) LICENSE ALLOWED. A person acting as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider of any drug or device may apply to obtain a license from the board under this section. If operations are cond…

450.076 Home medical oxygen providers; licensure. (1) DEFINITIONS. In this section: (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. (b) “Licensed provider” mea…

450.08 Credential renewals. (1) The renewal dates for all licenses and registrations granted by the board are specified under s. 440.08 (2) (a). Except as provided under sub. (2) (a), only a holder of an unexpired license or registration may engage in his or her licensed activity…

450.085 Continuing education. (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 conducte…

450.09 Pharmacy practice. (1) MANAGING PHARMACIST. (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 pha…

450.095 Duty to dispense contraceptives. (1) In this section: (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…

450.10 Disciplinary proceedings; immunity; orders. (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 o…

450.11 Prescription drugs and prescription devices. (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), s…

450.115 Drug disposal programs and authorizations. (1) In this section: (a) “Guardian” means the person named by the court under ch. 880, 2003 stats., or ch. 48 or 54 that has the duty and authority of guardianship. (am) “Hospice worker” means a person who is employed by a hospic…

450.12 Labeling of prescription drugs and prescription drug products. (1) In this section: (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. (b) “Generic name” mean…

450.122 Labeling of biological products. (1) In this section: (a) “Brand name” means the name, other than the proper name, that the labeler of a biological product places on its commercial container at the time of packaging. (b) “Proper name” means the nonproprietary name for a b…

450.125 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.

450.13 Using drug product equivalent in dispensing prescriptions. (1e) DEFINITION. 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 as set forth in the…

450.135 Using interchangeable biological product in dispensing prescriptions. (1) DEFINITION. In this section, “interchangeable biological product” means a biological product that the federal food and drug administration has licensed and has determined meets the standards for int…

450.137 Access to investigational drugs, devices, and biological products for terminally ill patients. (1) DEFINITIONS. In this section: (a) “Eligible patient” means a patient who is eligible under sub. (2). (b) “Investigational drug, device, or biological product” means a drug, …

450.14 Poisons. (1) In this section, “highly toxic” has the meaning specified under 15 USC 1261 (h). (2) 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) to (d): (a) The container s…

450.145 Reporting potential causes of public health emergency. (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 define…

450.15 Placing prescription drugs prohibited. (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. (2) Any person who violates this sec…

450.155 Exhibition, display or advertisement of certain vending machines by use of certain material prohibited. (1) DEFINITIONS. In this section: (a) “Contraceptive article” means any drug, medicine, mixture, preparation, instrument, article or device of any nature used or intend…

450.16 Sale of contraceptives prohibited in certain areas. (1) In this section, “vending machine” has the meaning given under s. 450.155 (1) (L). (2) No person may have in the person’s possession or under the person’s control, any vending machine that is located in a public schoo…

450.17 Violations. Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 961 by pharmacists or pharmacy technicians. The district attorney of the proper county shall promptly prosecute any such viola…

450.18 Penalties. Except as otherwise provided in this chapter, any person who violates this chapter or any rule promulgated under the authority of this chapter may be fined not less than $50 nor more than $100 or imprisoned not less than 30 days nor more than 90 days or both. Hi…