Chapter Phar 10

Chapter Phar 10

STANDARDS OF PROFESSIONAL CONDUCT

Phar 10.01   Authority.

Phar 10.02   Definitions.

Phar 10.03   Unprofessional conduct.

Phar 10.01 Phar 10.01 Authority. The rules in this chapter are adopted pursuant to the authority in ss. 15.08, 227.11 and 450.02, Stats.

Phar 10.01 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; renum. from Phar 5.01, Register, January, 1983, No. 325, eff. 2-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1993, No. 451.

Phar 10.02 Phar 10.02 Definitions. In this chapter:

Phar 10.02(1) (1) “Dispense” has the meaning given in s. 450.01 (7), Stats.

Phar 10.02(2) (2) “Drug” has the meaning given in s. 450.01 (10), Stats.

Phar 10.02(3) (3) “Patient” has the meaning given in s. 450.01 (14), Stats.

Phar 10.02 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; renum. from Phar 5.02 and r. (4), Register, January, 1983, No. 325, eff. 2-1-83; am. (1), (2) and (3), Register, December, 1998, No. 516, eff. 1-1-99.

Phar 10.03 Phar 10.03 Unprofessional conduct. The following, without limitation because of enumeration, are violations of standards of professional conduct and constitute unprofessional conduct in addition to those grounds specified under s. 450.10 (1), Stats.:

Phar 10.03(1) (1) Administering, dispensing, supplying or obtaining a drug other than in legitimate practice, or as prohibited by law.

Phar 10.03(2) (2) Engaging in any pharmacy practice which constitutes a danger to the health, welfare, or safety of patient or public, including but not limited to, practicing in a manner which substantially departs from the standard of care ordinarily exercised by a pharmacist or pharmacy technician which harmed or could have harmed a patient.

Phar 10.03(3) (3) Dispensing a drug which the pharmacist should have known would harm the patient for whom the medication was prescribed.

Phar 10.03(4) (4) Dispensing or causing to be dispensed a drug which is outdated or contaminated or known by the pharmacist to be unsafe for consumption.

Phar 10.03(5) (5) Falsifying patient records.

Phar 10.03(6) (6) Disclosing to the public information concerning a patient without the consent of the patient unless the information is requested by the pharmacy examining board or the department of safety and professional services or unless release is otherwise authorized by law.

Phar 10.03(7) (7) Failing to report to the pharmacy examining board any pharmacy practice which constitutes a danger to the health, safety or welfare of patient or public.

Phar 10.03(7m) (7m) Failing to report to the board information that reasonably suggests there is a probability that a prescription drug or device dispensed by a pharmacist has caused or contributed to the substantial bodily injury or death of a customer or patient.

Phar 10.03(8) (8) Providing false information to the pharmacy examining board or its agent.

Phar 10.03(9) (9) Refusing to render professional services to a person because of race, color, sex, religion, or age.

Phar 10.03(10) (10) Aiding or abetting the unlicensed practice of pharmacy.

Phar 10.03(11) (11) Advertising in a manner which is false, deceptive or misleading.

Phar 10.03(12) (12) Dispensing sample drug products for any financial consideration.

Phar 10.03(13) (13) Exercising undue influence on or taking unfair advantage of a patient in the promotion or sale of services, drugs or other products for the financial gain of the pharmacist or a third party.

Phar 10.03(14) (14) Participating in rebate or fee-splitting arrangements with health practitioners or with health care facilities.

Phar 10.03(15) (15) Furnishing a prescriber with any prescription order blanks imprinted with the name of a specific pharmacist or pharmacy.

Phar 10.03(16) (16) Using secret formula or code in connection with prescription orders.

Phar 10.03(17) (17) Having a pharmacist license or pharmacy technician registration revoked or suspended in another state or United States jurisdiction or having been subject to other disciplinary action by the licensing authority thereof.

Phar 10.03(18) (18) Violating or attempting to violate any formal disciplinary order of the board.

Phar 10.03(19) (19) Practicing without a current license or registration.

Phar 10.03(20) (20) Violating or attempting to violate any provision or term of ch. 450, Stats., or of any rule of the board.

Phar 10.03(21) (21) Failure to comply with s. 450.13 (5m) or 450.135 (8m), Stats.

Phar 10.03 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; renum. from Phar 5.03, Register, January, 1983, No. 325, eff. 2-1-83; am. (intro.), r. (1), (2), (7), (13) and (22), renum. (3) to (6), (8) to (12), (14) to (21) to be (1) to (17), Register, August, 1991, No. 428, eff. 9-1-91; am. (17), cr. (18), Register, July, 1993, No. 451, eff. 8-1-93; cr. (7m) and (19), Register, December, 1998, No. 516, eff. 1-1-99; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 23-015: cr. (20), (21) Register April 2024 No. 820, eff. 5-1-24; correction in (21) made under s. 35.17, Stats., Register April 2024 No. 820; EmR2303: emerg. am. (2), (17), (19), eff. 2-3-23; CR 23-072: am. (1) to (7), (8) to (17), (19) Register August 2024 No. 824, eff. 9-1-24.