Chapter 450

450.15   Placing prescription drugs prohibited.

450.155   Exhibition, display or advertisement of certain vending machines by use of certain material prohibited.

450.16   Sale of contraceptives prohibited in certain areas.

450.17   Violations.

450.18   Penalties.

Ch. 450 Cross-reference Cross-reference: See definitions in s. 440.01.

Ch. 450 Cross-reference Cross-reference: See also Phar, Wis. adm. code.

450.01 450.01 Definitions. In this chapter:

450.01(1) (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:

450.01(1)(a) (a) A practitioner or his or her authorized agent.

450.01(1)(b) (b) A patient or research subject at the direction of a practitioner.

450.01(1)(c) (c) A pharmacist.

450.01(1)(d) (d) In the case of an opioid antagonist, any person.

450.01(1m) (1m) “Advanced practice nurse prescriber” means an advanced practice nurse who is certified under s. 441.16 (2).

450.01(1p) (1p) “Affiliated group” has the meaning given in section 1504 of the Internal Revenue Code.

450.01(1t) (1t) “Authenticate” means to affirmatively verify, before wholesale distribution of a prescription drug occurs, that each transaction listed on a pedigree has occurred.

450.01(1x) (1x) “Authorized distributor of record” means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer’s prescription drug. For purposes of this subsection, an ongoing relationship exists between a wholesale distributor and a manufacturer if all of the following apply:

450.01(1x)(a) (a) The wholesale distributor, including any affiliated group of the wholesale distributor, has in effect a written agreement with the manufacturer evidencing the ongoing relationship.

450.01(1x)(b) (b) The wholesale distributor, including any affiliated group of the wholesale distributor, is included in the manufacturer’s current list of authorized distributors of record.

450.01(1z) (1z) “Biological product” has the meaning given in 42 USC 262 (i).

450.01(2) (2) “Board” means the pharmacy examining board.

450.01(2m) (2m) “Colicensed” means, with respect to a partner or product, that 2 or more parties have the right to engage in marketing or manufacturing of a product consistent with the federal food and drug administration’s implementation of the federal prescription drug marketing act.

450.01(3) (3) “Compound” means to mix, combine or put together various ingredients or drugs for the purpose of dispensing.

450.01(4) (4) “Controlled substance” has the meaning designated in s. 961.01 (4).

450.01(5) (5) “Deliver” or “delivery” means the actual, constructive or attempted transfer of a drug or device from one person to another.

450.01(6) (6) “Device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, which does not achieve any of its principal intended purposes through chemical action within or on the body of a person or other animal, is not dependent upon being metabolized for the achievement of any of its principal intended purposes and is:

450.01(6)(a) (a) Recognized by the U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States, or any supplement to either of them;

450.01(6)(b) (b) Intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or other conditions in persons or other animals; or

450.01(6)(c) (c) Intended to affect the structure or any function of the body of persons or other animals.

450.01(7) (7) “Dispense” means to deliver a prescribed drug or device to an ultimate user or research subject by or pursuant to the prescription order of a practitioner, including the compounding, packaging or labeling necessary to prepare the prescribed drug or device for delivery.

450.01(8) (8) “Distribute” means to deliver, other than by administering or dispensing.

450.01(9) (9) “Distributor” means a person licensed by the board under s. 450.07 (2).

450.01 Note NOTE: Section 450.07 (2) was repealed by 2007 Wis. Act 20.

450.01(9m) (9m) “Drop shipment” means a sale of a prescription drug to a wholesale distributor by the manufacturer of the drug, by the manufacturer’s colicensed product partner, by the manufacturer’s 3rd party logistics provider, or by the manufacturer’s exclusive distributor, to which all of the following apply:

450.01(9m)(a) (a) The wholesale distributor or chain pharmacy warehouse takes title to, but not physical possession of, the drug.

450.01(9m)(b) (b) The wholesale distributor invoices a pharmacy, a chain pharmacy warehouse, or a person authorized to dispense or administer the drug to a patient.

450.01(9m)(c) (c) The pharmacy, chain pharmacy warehouse, or person authorized to dispense or administer the drug receives delivery of the drug directly from the manufacturer, the manufacturer’s 3rd party logistics provider, or the manufacturer’s exclusive distributor.

450.01(10) (10) “Drug” means:

450.01(10)(a) (a) Any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or any supplement to either of them;

450.01(10)(b) (b) Any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or other conditions in persons or other animals;

450.01(10)(c) (c) Any substance other than a device or food intended to affect the structure or any function of the body of persons or other animals; or

450.01(10)(d) (d) Any substance intended for use as a component of any article specified in pars. (a) to (c) but does not include gases or devices or articles intended for use or consumption in or for mechanical, industrial, manufacturing or scientific applications or purposes.

450.01(11) (11) “Drug product” means a specific drug or drugs in a specific dosage form and strength from a known source of manufacture.

450.01(11m) (11m) “Facility” means a location where a wholesale distributor or 3rd-party logistics provider stores, distributes, handles, repackages, or offers other services related to prescription drugs.

450.01(11o) (11o) “Free and charitable clinics” means health care organizations that use a volunteer and staff model to provide health services to uninsured, underinsured, underserved, economically and socially disadvantaged, and vulnerable populations and that meet all of the following criteria:

450.01(11o)(a) (a) The organizations are nonprofit and tax exempt or are a part of a larger nonprofit, tax-exempt organization.

450.01(11o)(b) (b) The organizations are located in this state or serve residents in this state.

450.01(11o)(c) (c) The organizations restrict eligibility to receive services to individuals who are uninsured, underinsured, or have limited or no access to primary, specialty, or prescription care.

450.01(11o)(d) (d) The organizations provide one or more of the following services:

450.01(11o)(d)1. 1. Medical care.

450.01(11o)(d)2. 2. Mental health care.

450.01(11o)(d)3. 3. Dental care.

450.01(11o)(d)4. 4. Prescription medications.

450.01(11o)(e) (e) The organizations use volunteer health care professionals, nonclinical volunteers, and partnerships with other health care providers to provide the services under par. (d).

450.01(11o)(f) (f) The organizations are not federally qualified health centers as defined in 42 USC 1396d (l) (2) and do not receive reimbursement from the federal centers for medicare and medicaid services under a federally qualified health center payment methodology.

450.01(11r) (11r) “Intracompany sales” means any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity or any transaction or transfer between colicensees of a colicensed product.

450.01(12) (12) “Manufacturer” means a person licensed or approved by the federal food and drug administration to engage in the manufacture of drugs or devices, consistent with the definition of “manufacturer” under the federal food and drug administration’s regulations and interpreted guidances implementing the federal prescription drug marketing act.

450.01(12m) (12m) “Manufacturer’s exclusive distributor” means a person that contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer and who takes title to the manufacturer’s prescription drug but who does not have general responsibility to direct the sale or disposition of the drug.

450.01(13) (13) “Manufacturing” means making, assembling, processing or modifying devices, or mixing, producing or preparing drugs in dosage forms by encapsulating, entableting or other process, or packaging, repackaging or otherwise changing the container, wrapper or label of any package containing a drug or device in furtherance of the distribution of the drug or device from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer.

450.01(13m) (13m) “Nonprescription drug product” means any nonnarcotic drug product which may be sold without a prescription order and which is prepackaged for use by consumers and labeled in accordance with the requirements of state and federal law.

450.01(13r) (13r) 

450.01(13r)(a) (a) “Normal distribution channel” means a chain of custody for a prescription drug that runs, directly or by drop shipment, from the manufacturer of a drug, from the manufacturer to the manufacturer’s colicensed partner, from the manufacturer to the manufacturer’s 3rd-party logistics provider, or from the manufacturer to the manufacturer’s exclusive distributor, and continues as described in any of the following:

450.01(13r)(a)1. 1. To a pharmacy or to a person authorized to dispense or administer a drug to a patient.

450.01(13r)(a)2. 2. To an authorized distributor of record, and then to a pharmacy or to a person authorized to dispense or administer a drug to a patient.

450.01(13r)(a)3. 3. To an authorized distributor of record, then to one other authorized distributor of record, then to an office-based practitioner.

450.01(13r)(a)4. 4. To a pharmacy warehouse to the pharmacy warehouse’s intracompany pharmacy, then to a patient or to a person authorized to dispense or administer a drug to a patient.

450.01(13r)(a)5. 5. To an authorized distributor of record, then to a pharmacy warehouse, then to the pharmacy warehouse’s intracompany pharmacy, then to a patient or to a person authorized to dispense or administer a drug to a patient.

450.01(13r)(b) (b) For purposes of this subsection, a distribution of a prescription drug to a warehouse or to another entity that redistributes the drug by intracompany sale to a pharmacy or to another person authorized to dispense or administer the drug constitutes a distribution to the pharmacy or to the person authorized to dispense or administer the drug.

450.01(13v) (13v) “Opioid antagonist” means a drug, such as naloxone, that satisfies all of the following:

450.01(13v)(a) (a) The drug binds to the opioid receptors and competes with or displaces opioid agonists at the opioid receptor site but does not activate the receptors, effectively blocking the receptor and preventing or reversing the effect of an opioid agonist.

450.01(13v)(b) (b) The drug is not a controlled substance.

450.01(13w) (13w) “Out-of-state 3rd-party logistics provider” means a person located outside this state that contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services within this state on behalf of the manufacturer but that does not take title to the manufacturer’s prescription drug or have general responsibility to direct the prescription drug’s sale or disposition.

450.01(14) (14) “Patient” means the person or other animal for whom drug products or devices are prescribed or to whom drug products or devices are dispensed or administered.

450.01(14m) (14m) “Pedigree” means a document or electronic file containing information that records each distribution of a prescription drug.

450.01(15) (15) “Pharmacist” means a person licensed by the board under s. 450.03 or 450.05.

450.01(15g) (15g) “Pharmacy technician” means a person registered by the board under s. 450.068.

450.01(15m) (15m) “Pharmacy warehouse” means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales.

450.01(15t) (15t) “Practice of a pharmacy technician” means any of the following:

450.01(15t)(a) (a) The activities specified in rules promulgated by the board under s. 450.02 (2) (b).

450.01(15t)(b) (b) Administering vaccines or drugs as authorized under s. 450.035.

450.01 Note NOTE: Sub. (15t) was created as sub. (16c) by 2021 Wis. Act 100 and renumbered to sub. (15t) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

450.01(16) (16) “Practice of pharmacy” means any of the following:

450.01(16)(a) (a) Interpreting prescription orders.

450.01(16)(b) (b) Compounding, packaging, labeling, dispensing and the coincident distribution of drugs and devices.

450.01(16)(c) (c) Participating in drug utilization reviews.

450.01(16)(d) (d) Proper and safe storage of drugs and devices and maintaining proper records of the drugs and devices.

450.01(16)(e) (e) Providing information on drugs or devices which may include, but is not limited to, advice relating to therapeutic values, potential hazards and uses.

450.01(16)(f) (f) Drug product substitution under s. 450.13.