Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB705 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 705
5	5	November 21, 2023 - Introduced by Senators CABRAL-GUEVARA and NASS,
6	6	cosponsored by Representatives MURPHY, SORTWELL, ARMSTRONG, BEHNKE,
7	7	BODDEN, BRANDTJEN, EDMING, GOEBEN, MAGNAFICI, MICHALSKI, MURSAU,
8	8	O'CONNOR, RETTINGER and TUSLER. Referred to Committee on Health.
9	9	AN ACT to repeal 450.095 (1) (a); to amend 50.36 (6), 450.095 (title), 450.095 (2)
10	10	(intro.), 450.095 (2) (a), 450.095 (2) (b) and 450.095 (2) (c); and to create 450.095
11	11	(1) (am), 450.095 (2) (am), 450.095 (2m) and 632.865 (6m) of the statutes;
12	12	relating to: the duty of a pharmacist to dispense lawfully prescribed drugs and
13	13	devices.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, a pharmacy has a duty to dispense lawfully prescribed
16	16	contraceptive drugs and devices without delay unless certain factors apply, including
17	17	that the prescription contains an obvious or known error or contains inadequate
18	18	instructions, the prescription is contraindicated for the patient, the prescription is
19	19	incompatible with another drug or device prescribed for the patient, or the
20	20	prescription is potentially fraudulent. This bill expands that duty to require
21	21	pharmacies to dispense any lawfully prescribed drug or device without delay.
22	22	However, if any pharmacist at a pharmacy refuses to dispense a drug or device for
23	23	reasons of conscience such that the pharmacy cannot fulfill the prescription order
24	24	without delay, then the bill requires the pharmacy to transfer the prescription order
25	25	to a different pharmacy, at the direction of the patient, that will dispense the
26	26	prescribed drug or device without delay. The bill also specifies that a pharmacy may
27	27	not dispense a lawfully prescribed drug or device if there is an absolute
28	28	contraindication for the prescribed drug or device, rather than just a
29	29	contraindication. Under the bill, “absolute contraindication” is defined to mean any
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36	36	SENATE BILL 705
37	37	condition present in a patient that makes a particular drug or device inadvisable
38	38	under any circumstances.
39	39	Further, the bill prohibits a pharmacy benefit manager from penalizing in any
40	40	way a pharmacy or pharmacist from dispensing a prescribed drug or device that is
41	41	prescribed for a use other than a use approved by the federal Food and Drug
42	42	Administration if the prescribed drug or device is dispensed pursuant to a valid
43	43	prescription order.
44	44	For further information see the state fiscal estimate, which will be printed as
45	45	an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 50.36 (6) of the statutes is amended to read:
49	49	50.36 (6) If the department receives a credible complaint that a pharmacy
50	50	located in a hospital has violated its duty to dispense contraceptive drugs and devices
51	51	under s. 450.095 (2), the department shall refer the complaint to the department of
52	52	safety and professional services.
53	53	SECTION 2. 450.095 (title) of the statutes is amended to read:
54	54	450.095 (title) Duty to dispense contraceptives.
55	55	SECTION 3. 450.095 (1) (a) of the statutes is repealed.
56	56	SECTION 4. 450.095 (1) (am) of the statutes is created to read:
57	57	450.095 (1) (am) “Absolute contraindication” means any condition present in
58	58	a patient that renders a particular drug or device not safe to be used as prescribed
59	59	under any circumstance because of the severe or potentially life-threatening risks
60	60	involved.
61	61	SECTION 5. 450.095 (2) (intro.) of the statutes is amended to read:
62	62	450.095 (2) (intro.) Unless one or more any of the following applies, except as
63	63	provided in sub. (2m), a pharmacy shall dispense any lawfully prescribed
64	64	contraceptive drugs and devices drug or device and shall deliver contraceptive drugs
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84	84	SECTION 5
85	85	SENATE BILL 705
86	86	and devices restricted to distribution by a pharmacy the drug or device to a the
87	87	patient without delay:
88	88	SECTION 6. 450.095 (2) (a) of the statutes is amended to read:
89	89	450.095 (2) (a) The prescription or prescription order contains an obvious or
90	90	known error or contains inadequate instructions.
91	91	SECTION 7. 450.095 (2) (am) of the statutes is created to read:
92	92	450.095 (2) (am) A pharmacist determines after reviewing the prescription
93	93	order and the patient's medical records that there is an absolute contraindication for
94	94	the prescribed drug or device.
95	95	SECTION 8. 450.095 (2) (b) of the statutes is amended to read:
96	96	450.095 (2) (b) The prescription is contraindicated for the patient, prescribed
97	97	drug or device is incompatible with another drug or device prescribed for the patient,
98	98	or is prohibited by state or federal law.
99	99	SECTION 9. 450.095 (2) (c) of the statutes is amended to read:
100	100	450.095 (2) (c) The prescription or prescription order is potentially fraudulent.
101	101	SECTION 10. 450.095 (2m) of the statutes is created to read:
102	102	450.095 (2m) If any pharmacist at a pharmacy refuses to dispense a lawfully
103	103	prescribed drug or device for reasons of conscience such that the pharmacy cannot
104	104	fulfill a prescription or prescription order without delay, then the pharmacy shall
105	105	transfer the prescription or prescription order to a different pharmacy, at the
106	106	direction of the patient, that will dispense the prescribed drug or device without
107	107	delay.
108	108	SECTION 11. 632.865 (6m) of the statutes is created to read:
109	109	632.865 (6m) OFF-LABEL THERAPIES. No pharmacy benefit manager may in any
110	110	way penalize a pharmacy or pharmacist for dispensing a prescribed drug or device
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136	136	JPC:cdc
137	137	SECTION 11 SENATE BILL 705
138	138	that is prescribed for a use other than a use approved by the federal food and drug
139	139	administration if the prescribed drug or device is dispensed pursuant to a valid
140	140	prescription order, as defined in s. 450.01 (21).
141	141	(END)
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