Section 961.38. Prescriptions.

 

(1g)  In this section, “medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.

(1n)  A pharmacy or physician approved under s. 961.34 (2) (a) or (b) may dispense cannabidiol in a form without a psychoactive effect as a treatment for a seizure disorder or any physician may provide an individual with a hard copy of a letter or other official documentation stating that the individual possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form without a psychoactive effect.

(1r)  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance included in schedule II may be dispensed without the written hard copy or electronic prescription of a practitioner.

(2)  In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon an oral prescription of a practitioner, reduced promptly to a written hard copy or electronic record and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 961.31 . No prescription for a schedule II substance may be refilled.

(3)  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.

(4)  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.

(4g)  A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.

(4r)  A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

(5)  No practitioner shall prescribe, orally, electronically or in writing, or take without a prescription a controlled substance included in schedule I, II, III or IV for the practitioner's own personal use.

1971 c. 219 ; 1975 c. 190 , 421 ; 1977 c. 203 ; 1995 a. 448 ss. 235 to 240 , 483 to 485 ; Stats. 1995 s. 961.38; 1997 a. 27 ; 2011 a. 159 ; 2013 a. 267 . Reefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.