Section 8.09. Emergency dispensing.

 

(1)  For the purpose of authorizing an oral prescription order for a schedule II controlled substance, the term "emergency" means those situations in which the prescribing practitioner determines that:

(a) Immediate administration of the controlled substance is necessary for proper treatment of the patient.

(b) No appropriate alternative treatment is available, including the administration of a drug which is not a schedule II controlled substance.

(c) It is not reasonably possible for the prescribing practitioner to provide a written prescription order to be presented to the pharmacist prior to dispensing.

(2)  In an emergency a pharmacist may dispense a controlled substance listed in schedule II upon receiving oral authorization of a practitioner if:

(a) The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period.

(b) The prescription order is immediately reduced to writing by the pharmacist and contains all information required in s. Phar 8.05 , except for the signature of the practitioner.

(3)  If the practitioner is not known to the pharmacist, the pharmacist shall make a reasonable effort to determine that the oral authorization came from an authorized practitioner, which may include a call back to the prescribing practitioner using good faith efforts to insure the practitioner's identity.

(4)  Within 7 days after authorizing an emergency oral prescription order, the practitioner shall cause a written or electronic order for the emergency quantity prescribed to be delivered to the dispensing pharmacist. In addition to conforming to the requirements of s. Phar 8.05 , the order shall contain on its face "authorization for emergency dispensing" and the date of the oral order. The written or electronic order may be delivered to the pharmacist in person or by mail or electronically, but if delivered by mail it shall be postmarked within the 7 day period. Upon receipt, the dispensing pharmacist shall attach this prescription order to the oral emergency order reduced to writing under sub. (2) (b) . The pharmacist shall notify the board or department of safety and professional services if the practitioner fails to deliver the written or electronic order. Failure of the pharmacist to provide notification shall void the authority conferred by this section to dispense without a written or electronic order of a practitioner.

History: Cr. Register, January, 1983, No. 325 , eff. 2-1-83; am. Register, August, 1991, No. 428 , eff. 9-1-91; am. (4), Register, December, 1998, No. 516 , eff. 1-1-99; am. (1) (intro.), (2) (intro.), (3) and (4), Register, November, 1999, No. 527 , eff. 12-1-99; correction in (4) made under s. 13.92 (4) (b) 6. , Stats., Register February 2012 No. 674 ; CR 13-075 : am. (1) (intro.), (2) (intro.), (3), (4) Register August 2014 No. 704 , eff. 9-1-14.