Wisconsin Statutes 450.095 – Duty to dispense contraceptives
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Terms Used In Wisconsin Statutes 450.095
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(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 a pharmacy.
(b) “Without delay” means within the usual and customary time frame reasonably expected at a pharmacy for dispensing or distributing a prescription that is not a contraceptive drug or device.
(2) Unless one or more of the following applies, a pharmacy shall dispense lawfully prescribed contraceptive drugs and devices and shall deliver contraceptive drugs and devices restricted to distribution by a pharmacy to a patient without delay:
(a) The prescription contains an obvious or known error or contains inadequate instructions.
(b) The prescription is contraindicated for the patient, is incompatible with another drug or device prescribed for the patient, or is prohibited by state or federal law.
(c) The prescription is potentially fraudulent.
(3) Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.
(4) Nothing in this section may be construed to abrogate a pharmacist’s legal and ethical obligations to comply with the laws of this state.