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Wisconsin Statutes Regulation and Licensing (Ch. 440 to 480) § 450.10. Disciplinary proceedings; immunity; orders

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(1)(a) In this subsection, “unprofessional conduct” includes any of the following, but does not include the dispensing of an antimicrobial drug for expedited partner therapy as described in s. 450.11(1g)or the delivery of an opioid antagonist as described in s. 450.11(1i):

<Text of subsec. (1)(a)1 effective until January 1, 2023>

1. Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license.

<Text of subsec. (1)(a)1 effective January 1, 2023>

1. Making any materially false statement or giving any materially false information in connection with an application for a license or registration or for renewal or reinstatement of a license or registration.

<Text of subsec. (1)(a)2 effective until January 1, 2023>

2. Violating this chapter or, subject to s. 961.38(4r), ch. 961 or any federal or state statute or rule which substantially relates to the practice of the licensee.

<Text of subsec. (1)(a)2 effective January 1, 2023>

2. Violating this chapter or, subject to s. 961.38(4r), ch. 961 or any federal or state statute or rule which substantially relates to the practice of the licensee or registrant.

<Text of subsec. (1)(a)3 effective until January 1, 2023>

3. Practicing pharmacy while the person's ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.

<Text of subsec. (1)(a)3 effective January 1, 2023>

3. Engaging in the practice of pharmacy or practicing as a pharmacy technician while the person's ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.

4. Engaging in false, misleading or deceptive advertising.

5. Making a substantial misrepresentation in the course of practice which is relied upon by another person.

<Text of subsec. (1)(a)6 effective until January 1, 2023>

6. Engaging in conduct in the practice of the licensee which evidences a lack of knowledge or ability to apply professional principles or skills.

<Text of subsec. (1)(a)6 effective January 1, 2023>

6. Engaging in conduct in the practice of the licensee or registrantthat evidences a lack of knowledge or ability to apply professional principles or skills.

7. Obtaining or attempting to obtain compensation by fraud or deceit.

8. Violating any order of the board.

<Text of subsec. (1)(b)(intro.) effective until January 1, 2023>

(b) Subject to subch. II of ch. 111 and the rules adopted under s. 440.03(1), the board may reprimand the licensee or deny, revoke, suspend or limit the license or any combination thereof of any person licensed under this chapter who has:

<Text of subsec. (1)(b)(intro.) effective January 1, 2023>

(b) Subject to subch. II of ch. 111 and the rules adopted under s. 440.03(1), the board may reprimand the licensee or registrant or deny, revoke, suspend, or limit the license or registration or any combination thereof of any person licensed under this chapter who has:

1. Engaged in unprofessional conduct.

2. Been adjudicated mentally incompetent by a court.

<Text of subsec. (1)(b)3 effective until January 1, 2023>

3. Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee.

<Text of subsec. (1)(b)3 effective January 1, 2023>

3. Been found guilty of an offense the circumstances of which substantially relate to the practice of the licensee or registrant.

<Text of subsec. (2) effective until January 1, 2023>

(2) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license under sub. (1), the board may, for the violations enumerated under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense. Each day of violation constitutes a separate offense.

<Text of subsec. (2) effective January 1, 2023>

(2) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license or registration under sub. (1), the board may, for the violations enumerated under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense. Each day of violation constitutes a separate offense.

(3)(a) In this subsection, “health care professional” means any of the following:

<Text of subsec. (3)(a)1 effective until January 1, 2023>

1. A pharmacist licensed under this chapter.

<Text of subsec. (3)(a)1 effective January 1, 2023>

1. A pharmacist or pharmacy technician licensed or registered under this chapter.

2. A nurse licensed under ch. 441.

3. A chiropractor licensed under ch. 446.

4. A dentist licensed under ch. 447.

<Text of subsec. 5 eff. until April 1, 2022.>

5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448 or a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448.

<Text of subsec. 5 eff. April 1, 2022.>

5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448 or a physical therapist or physical therapist assistant who holds a compact privilege under subch. X of ch. 448.

5m. A dietitian certified under subch. V of ch. 448.

5q. An athletic trainer licensed under subch. VI of ch. 448.

6. An optometrist licensed under ch. 449.

7. An acupuncturist certified under ch. 451.

8. A veterinarian licensed under ch. 89.

9. A psychologist licensed under ch. 455.

10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

11. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.

(b) Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 961 by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.

(4)(a) The secretary may, in case of the need for emergency action, issue general and special orders necessary to prevent or correct actions by any pharmacist under this section that would be cause for suspension or revocation of a license.

(b) Special orders may direct a pharmacist to cease and desist from engaging in particular activities.

Cite this article: FindLaw.com - Wisconsin Statutes Regulation and Licensing (Ch. 440 to 480) § 450.10. Disciplinary proceedings; immunity; orders - last updated January 01, 2018 | https://codes.findlaw.com/wi/regulation-and-licensing-ch-440-to-480/wi-st-450-10.html


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