DHS 107.10(4)(h)(h) “Patent” medicines such as drugs or other medical preparations that can be bought without a prescription; DHS 107.10(4)(k)(k) Drugs not listed in the medicaid index, including over-the-counter drugs not included in sub. (3) (h) and legend drugs; DHS 107.10(4)(L)(L) Drugs included in the medicaid negative drug formulary maintained by the department; and DHS 107.10(4)(n)(n) Drugs provided for the treatment of males or females for infertility or to enhance the prospects of fertility; DHS 107.10(4)(p)(p) Drugs, including hormone therapy, associated with transsexual surgery or medically unnecessary alteration of sexual anatomy or characteristics; DHS 107.10 NoteNote: In Flack v. Wisconsin Dep’t of Health Servs, 395 F. Supp. 3d 1001 (W.D. Wis. 2019), the United States District Court for the Western District of Wisconsin held that ss. DHS 107.03 (23) and (24) and 107.10 (4) (p) violated the Equal Protection Clause of the Fourteenth Amendment, s. 1557 of the Affordable Care Act, and the federal Medicaid Act. The court in Flack permanently enjoined the department from enforcing those provisions. DHS 107.10(4)(s)(s) Infant formula, except when the product and recipient’s health condition meet the criteria established by the department under sub. (2) (c) to verify medical need; and DHS 107.10(4)(t)(t) Enteral nutritional products that do not meet the criteria established by the department under sub. (2) (c) to verify medical need, when an alternative nutrition source is available, or that are solely for the convenience of the caregiver or the recipient. DHS 107.10(5)(5) Drug review, counseling and recordkeeping. In addition to complying with ch. Phar 7, a pharmacist shall fulfill the requirements of 42 USC 1396r-8 (g) (2) (A) as follows: DHS 107.10(5)(a)(a) The pharmacist shall review the drug therapy before each prescription is filled or delivered to an MA recipient. The review shall include screening for potential drug therapy problems including therapeutic duplication, drug–disease contraindications, drug–drug interactions, including serious interactions with non-legend drugs, incorrect drug dosage or duration of drug treatment, drug–allergy interactions and clinical abuse or misuse. DHS 107.10(5)(b)(b) The pharmacist shall offer to discuss with each MA recipient, the recipient’s legal representative or the recipient’s caregiver who presents the prescription, matters which, in the exercise of the pharmacist’s professional judgment and consistent with state statutes and rules governing provisions of this information, the pharmacist deems significant, including the following: DHS 107.10(5)(b)2.2. The route, dosage form, dosage, route of administration, and duration of drug therapy; DHS 107.10(5)(b)3.3. Specific directions and precautions for preparation, administration and use by the patient; DHS 107.10(5)(b)4.4. Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including how to avoid them, and the action required if they occur; DHS 107.10(5)(c)(c) The pharmacist shall make a reasonable effort to obtain, record and maintain at least the following information regarding each MA recipient for whom the pharmacist dispenses drugs under the MA program: DHS 107.10(5)(c)1.1. The individual’s name, address, telephone number, date of birth or age and gender; DHS 107.10(5)(c)2.2. The individual’s history where significant, including any disease state or states, known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and