Section Phar 7.10 - Return or exchange of health items(1) In this section: (a) "Health item" means drugs, devices, hypodermic syringes, needles or other objects for injecting a drug product, or items of personal hygiene.(b) "Original container" means the container in which a health item was sold, distributed, or dispensed.(c) "Tamper-evident package" means a package that has one or more indicators or barriers to entry which, if breached or missing, can reasonably be expected to provide visible evidence that tampering has occurred.(2) No health item after taken from a pharmacy where sold, distributed or dispensed, may be returned to that pharmacy, except for any of the following:(a) Where the health item was dispensed in error, was defective, adulterated, or misbranded.(b) When in the professional judgment of the pharmacist substantial harm could result to the public or patient if it were to remain in the possession of the patient, patient's family or agent, or other person.(c) A health item that is prepackaged for consumer use without a prescription when returned in compliance with all applicable state and federal laws. Note: The DEA does not permit the return of controlled substances to a pharmacy from a non-DEA registrant under any circumstances.
(3) A health item returned to a pharmacy pursuant to sub. (2) (a) and (b), may not be sold, resold, or repackaged and sold or resold, given away, or otherwise distributed or dispensed. A returned health item shall either be destroyed at the pharmacy or delivered for destruction or other disposal by an authorized person or entity.(4) It is not a return of a health care item if a patient or agent of a patient delivers a previously dispensed drug or device to a pharmacy for the purpose of repackaging and relabeling of that previously dispensed drug or device, and subsequent return of the drug or device is for the same patient's use. Note: The DEA does not permit the return of controlled substances to a pharmacy from a non-DEA registrant under any circumstances.
(5) It is not a return of a health care item if a patient or agent of a patient delivers a previously dispensed drug or device to a pharmacy for the purpose of destruction at the pharmacy or other disposal by an authorized person or entity.(6) This section does not prohibit participation in a drug repository program in accordance with ch. DHS 148.Wis. Admin. Code Pharmacy Examining Board § Phar 7.10
Adopted by, CR 19-145: cr. Register December 2020 No. 780, eff. 1/1/2021