Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB127 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2283/1
3	3	JPC:cdc
4	4	2025 ASSEMBLY BILL 127
5	5	March 11, 2025 - Introduced by Representatives MURPHY, SORTWELL, BEHNKE,
6	6	DITTRICH and KNODL, cosponsored by Senators CABRAL-GUEVARA and NASS.
7	7	Referred to Committee on Health, Aging and Long-Term Care.
8	8
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 450.095 (1) (a); to amend 50.36 (6), 450.095 (title), 450.095
11	11	(2) (intro.), 450.095 (2) (a), 450.095 (2) (b) and 450.095 (2) (c); to create
12	12	450.095 (1) (am), 450.095 (2) (am), 450.095 (2m) and 632.865 (6m) of the
13	13	statutes; relating to: the duty of a pharmacist to dispense lawfully prescribed
14	14	drugs and devices.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, a pharmacy has a duty to dispense lawfully prescribed
17	17	contraceptive drugs and devices without delay unless certain factors apply,
18	18	including that the prescription contains an obvious or known error or contains
19	19	inadequate instructions, the prescription is contraindicated for the patient, the
20	20	prescription is incompatible with another drug or device prescribed for the patient,
21	21	or the prescription is potentially fraudulent. This bill expands that duty to require
22	22	pharmacies to dispense any lawfully prescribed drug or device without delay.
23	23	However, if any pharmacist at a pharmacy refuses to dispense a drug or device for
24	24	reasons of conscience such that the pharmacy cannot fulfill the prescription order
25	25	without delay, then the bill requires the pharmacy to transfer the prescription order
26	26	to a different pharmacy, at the direction of the patient, that will dispense the
27	27	prescribed drug or device without delay. The bill also specifies that a pharmacy
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32	32	5 2025 - 2026 Legislature
33	33	ASSEMBLY BILL 127
34	34	- 2 - LRB-2283/1
35	35	JPC:cdc
36	36	SECTION 1
37	37	may not dispense a lawfully prescribed drug or device if there is an absolute
38	38	contraindication for the prescribed drug or device, rather than just a
39	39	contraindication. Under the bill, Xabsolute contraindicationY is defined to mean
40	40	any condition present in a patient that makes a particular drug or device
41	41	inadvisable under any circumstances.
42	42	Further, the bill prohibits a pharmacy benefit manager from penalizing in any
43	43	way a pharmacy or pharmacist from dispensing a prescribed drug or device that is
44	44	prescribed for a use other than a use approved by the federal Food and Drug
45	45	Administration if the prescribed drug or device is dispensed pursuant to a valid
46	46	prescription order.
47	47	For further information see the state fiscal estimate, which will be printed as
48	48	an appendix to this bill.
49	49	The people of the state of Wisconsin, represented in senate and assembly, do
50	50	enact as follows:
51	51	SECTION 1. 50.36 (6) of the statutes is amended to read:
52	52	50.36 (6) If the department receives a credible complaint that a pharmacy
53	53	located in a hospital has violated its duty to dispense contraceptive drugs and
54	54	devices under s. 450.095 (2), the department shall refer the complaint to the
55	55	department of safety and professional services.
56	56	SECTION 2. 450.095 (title) of the statutes is amended to read:
57	57	450.095 (title) Duty to dispense contraceptives.
58	58	SECTION 3. 450.095 (1) (a) of the statutes is repealed.
59	59	SECTION 4. 450.095 (1) (am) of the statutes is created to read:
60	60	450.095 (1) (am) XAbsolute contraindicationY means any condition present in
61	61	a patient that renders a particular drug or device not safe to be used as prescribed
62	62	under any circumstance because of the severe or potentially life-threatening risks
63	63	involved.
64	64	SECTION 5. 450.095 (2) (intro.) of the statutes is amended to read:
65	65	450.095 (2) (intro.) Unless one or more any of the following applies, except as
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80	80	15 2025 - 2026 Legislature
81	81	ASSEMBLY BILL 127
82	82	- 3 - LRB-2283/1
83	83	JPC:cdc
84	84	SECTION 5
85	85	provided in sub. (2m), a pharmacy shall dispense any lawfully prescribed
86	86	contraceptive drugs and devices drug or device and shall deliver contraceptive
87	87	drugs and devices restricted to distribution by a pharmacy the drug or device to a
88	88	the patient without delay:
89	89	SECTION 6. 450.095 (2) (a) of the statutes is amended to read:
90	90	450.095 (2) (a) The prescription or prescription order contains an obvious or
91	91	known error or contains inadequate instructions.
92	92	SECTION 7. 450.095 (2) (am) of the statutes is created to read:
93	93	450.095 (2) (am) A pharmacist determines after reviewing the prescription
94	94	order and the patient[s medical records that there is an absolute contraindication
95	95	for the prescribed drug or device.
96	96	SECTION 8. 450.095 (2) (b) of the statutes is amended to read:
97	97	450.095 (2) (b) The prescription is contraindicated for the patient, prescribed
98	98	drug or device is incompatible with another drug or device prescribed for the
99	99	patient, or is prohibited by state or federal law.
100	100	SECTION 9. 450.095 (2) (c) of the statutes is amended to read:
101	101	450.095 (2) (c) The prescription or prescription order is potentially
102	102	fraudulent.
103	103	SECTION 10. 450.095 (2m) of the statutes is created to read:
104	104	450.095 (2m) If any pharmacist at a pharmacy refuses to dispense a lawfully
105	105	prescribed drug or device for reasons of conscience such that the pharmacy cannot
106	106	fulfill a prescription or prescription order without delay, then the pharmacy shall
107	107	transfer the prescription or prescription order to a different pharmacy, at the
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130	130	23 2025 - 2026 Legislature
131	131	ASSEMBLY BILL 127
132	132	- 4 - LRB-2283/1
133	133	JPC:cdc
134	134	SECTION 10
135	135	direction of the patient, that will dispense the prescribed drug or device without
136	136	delay.
137	137	SECTION 11. 632.865 (6m) of the statutes is created to read:
138	138	632.865 (6m) OFF-LABEL THERAPIES. No pharmacy benefit manager may in
139	139	any way penalize a pharmacy or pharmacist for dispensing a prescribed drug or
140	140	device that is prescribed for a use other than a use approved by the federal food and
141	141	drug administration if the prescribed drug or device is dispensed pursuant to a
142	142	valid prescription order, as defined in s. 450.01 (21).
143	143	(END)
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