(1)    Managing pharmacist.

      (a)    Every pharmacy shall be under the control of the managing pharmacist who signed the pharmacy license application, the most recent license renewal application or the most recent amended schedule of operations. The managing pharmacist shall be responsible for the professional operations of the pharmacy. A pharmacist may be the managing pharmacist of not more than one community and one institutional pharmacy at any time and shall be engaged in the practice of pharmacy at each location he or she supervises. The board shall by rule define community pharmacy and institutional pharmacy for the purposes of this section, but a pharmacy that is operated exclusively as a remote dispensing site shall not be considered a community pharmacy or institutional pharmacy for the purposes of this paragraph.

      (b)    If the managing pharmacist anticipates being continuously absent for a period of more than 30 days from a pharmacy he or she supervises, the managing pharmacist shall delegate the supervisory responsibility to another pharmacist for the duration of the absence by written power of attorney which shall be kept on file in the pharmacy to which the power of attorney applies. The pharmacist designated to assume the supervisory responsibility for the pharmacy during the managing pharmacist’s absence shall be engaged in the practice of pharmacy at the pharmacy to which the power of attorney applies.

   (2)   Supervision by pharmacist.

      (a)    No pharmaceutical service may be provided to any person unless a pharmacist is present in the pharmacy to provide or supervise the service, except as provided in par. (b).

      (b)   

         1.    A pharmacist is not required to be present in a pharmacy if the pharmacy is any of the following locations:

            a.    A health care facility under s. 150.84 (2) or a facility identified under s. 980.065.

            b.    The office or clinic of a practitioner.

            c.    A county jail, rehabilitation facility under s. 59.53 (8), state prison under s. 302.01, or county house of correction under s. 303.16 (1).

            d.    A juvenile correctional facility under s. 938.02 (10p), juvenile detention facility under s. 938.02 (10r), residential care center for children and youth under s. 938.02 (15d), secured residential care center for children and youth under s. 938.02 (15g), type 1 juvenile correctional facility under s. 938.02 (19), type 2 residential care center for children and youth under s. 938.02 (19r), or type 2 juvenile correctional facility under s. 938.02 (20).

         2.    Whenever a pharmacist is not present at the pharmacy when allowed under subd. 1., all of the following shall apply:

            a.    The pharmacy shall be considered a remote dispensing site and shall be subject to and governed by any rules promulgated under s. 450.02 (5).

            b.    A pharmacist shall remotely supervise the pharmaceutical services provided, consistent with any rules promulgated under s. 450.02 (5).

   (4)   Condition of pharmacy. The pharmacy shall be maintained in a clean and orderly manner and the professional service area shall be equipped with proper fixtures and equipment for sanitation.

   (6)   Medication profile record system. Every pharmacy shall maintain a medication profile record system of all drug products dispensed for a particular patient according to the minimum standards for such systems established by the board by rule. Every practitioner shall maintain a record of all drug products dispensed to each patient according to standards established by the appropriate examining board by rule. The standards established by each examining board shall require the recording of all renewal dispensing information required by federal and state law and related rules and regulations.

   (7)   Selection of drugs. Drug products purchased for subsequent sale and dispensing at a pharmacy shall be selected for purchase by a pharmacist.

   (7m)   State prisons. A prescription drug that is returned to a pharmacy that primarily serves patients confined in a state prison may be dispensed to any patient in any state prison, but only if all of the following are satisfied:

      (a)    The prescription drug was never in the possession of the patient to whom it was originally prescribed.

      (b)    The prescription drug is returned in its original container.

      (c)    A pharmacist determines that the prescription drug has not been adulterated or misbranded.

   (8)   Penalties. Any person who violates this section may be assessed a forfeiture of not less than $25 nor more than $50 for each separate offense. Each day of violation constitutes a separate offense.