8 of 27 DOCUMENTS
WALGREEN CO., PETITIONER-RESPONDENT, v. WISCONSIN PHARMACY
EXAMINING BOARD AND WISCONSIN DEPARTMENT OF REGULATION
AND LICENSING, RESPONDENTS-APPELLANTS.
COURT OF APPEALS OF WISCONSIN, DISTRICT FOUR
; 577 N.W.2d 387; 1998 Wisc. App. LEXIS 201
February 19, 1998, Released
UNPUBLISHED LIMITED PRECEDENT OPINION - REFER TO LOCAL RULE 809.23(1)(B)5, STATS.
PRIOR HISTORY: [*1]
APPEAL from an order of the circuit court for Dane County: DANIEL R. MOESER, Judge.
Appellant Wisconsin Pharmacy Examining Board appealed from an order reversing its
ruling that respondent pharmacy corporation, the owner and operator of several pharmacies, violated various regulatory
statutes and administrative rules when, as part of a test program, it accepted prescription orders from physicians via a
computer electronic mail system, and provided used computers for some of the physicians participating in the test.
The board concluded that the use of computer-transmitted prescriptions violated Wis. Stat. § 450.11(1)
which required written prescription orders to be signed by the prescribing physician and that providing computers to
participating physicians violated Wis. Admin. Code § Phar. 10.03(14), which prohibited pharmacies from participating
in rebate or fee splitting arrangements with physicians. On appeal, the court rejected the board's determination that the
program violated the "rebate" rule because the board failed to determine the extent of any financial benefit to either the
pharmacy corporation or the participating physicians. The court also disagreed with the board's conclusion that a
computer-transmitted prescription was so analogous to a written prescription that it had to be treated as such under the
statute and required a physician's signature. The court ruled that it was more closely akin to a prescription transmitted
orally, by telephone, which the legislature expressly stated could have been filled without being signed.
The court affirmed the circuit court's decision reversing the board's ruling that the pharmacy corporation
had violated various regulatory statutes and administrative rules. The court remanded the case to the board for
reconsideration of the forfeiture.
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decision, transmitted, electronic, forfeiture, signature, renewal, electronically, fee-splitting, dispensing, administrative
agencies, electronic mail, financial benefit, great deference, agency's decision, de novo, prior case,
computer-transmitted, prescribing, due-weight, impression, dictionary, expertise