450.11 Prescription drugs and prescription devices.

883 words·~4 min read·/wi/chapter-450/450-11-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Dispensing. Except as provided in sub.

(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.

(a)8. , and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in ss. 118.2915

(a), 118.2925

(3), 118.294

(2), 255.07

(2), 441.18

(a)1. , 448.035

(2), 448.037

(a)1. , 448.9725

(2), and 448.9727

(a)1. and except for standing orders issued under s. 441.18

(a)2. , 448.037

(a)2. , or 448.9727

(a)2. , all prescription orders shall also specify the name and address of the patient. A prescription order issued under s. 118.2915

(a), 118.2925

(3), or 118.294

(2)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).

(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.

(1b)Identification card required for certain controlled substances.

(a)In this subsection:

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.

2. “Identification card” means any of the following:

a. An operator’s license issued under ch. 343 or under a comparable law of another state.

b. An identification card issued under s. 343.50 or under a comparable law of another state.

c. An identification card issued by a U.S. uniformed service.

d. A U.S. or foreign passport.

e. A tribal identification card, as defined in s. 134.695

(cm).

(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.

(bm)A pharmacist, pharmacy technician, or other person dispensing or delivering a drug shall legibly record the name on each identification card presented under par.

(b)to the pharmacist, pharmacy technician, 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.

(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.

(d)A pharmacist or pharmacy technician is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist or pharmacy technician 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.

(e)No identification card is required under par.

(b)if any of the following applies:

1. The drug is administered or dispensed directly to the ultimate user by a practitioner.

2. The pharmacist, pharmacy technician, 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.

3. The drug is delivered to a health care facility to be administered in the health care facility.

(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.

(1g)Dispensing certain antimicrobial drugs for expedited partner therapy.