Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB43 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-1085/1
3	3	JPC:cdc
4	4	2025 ASSEMBLY BILL 43
5	5	February 17, 2025 - Introduced by Representatives KITCHENS, RODRIGUEZ,
6	6	FRANKLIN, DUCHOW, NOVAK, SNYDER, ZIMMERMAN, AUGUST, BARE, DITTRICH,
7	7	HONG, HYSELL, J. JACOBSON, KRUG, MIRESSE, MURSAU, NEDWESKI,
8	8	NEUBAUER, PHELPS, PIWOWARCZYK, SHEEHAN, SPIROS, STROUD, SUBECK,
9	9	KIRSCH and SINICKI, cosponsored by Senators CABRAL-GUEVARA, JAMES and
10	10	MARKLEIN. Referred to Committee on Health, Aging and Long-Term Care.
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12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to amend 450.095 (title) and 450.095 (3); to create 49.46 (2) (bg),
14	14	450.01 (16) (L), 450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes;
15	15	relating to: permitting pharmacists to prescribe certain contraceptives,
16	16	extending the time limit for emergency rule procedures, providing an
17	17	exemption from emergency rule procedures, granting rule-making authority,
18	18	and providing a penalty.
19	19	Analysis by the Legislative Reference Bureau
20	20	This bill permits a pharmacist to prescribe and dispense hormonal
21	21	contraceptive patches and self-administered oral hormonal contraceptives, subject
22	22	to limitations described as follows.
23	23	The bill requires the Pharmacy Examining Board, after consultation with the
24	24	Medical Examining Board, the Board of Nursing, and the Department of Health
25	25	Services, to promulgate rules to establish standard procedures for the prescribing
26	26	of contraceptives by pharmacists under the bill. The rules must require that
27	27	pharmacists use a self-assessment questionnaire, developed in consideration of
28	28	guidelines established by the American Congress of Obstetricians and
29	29	Gynecologists, when prescribing a contraceptive. The self-assessment
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36	36	ASSEMBLY BILL 43
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38	38	JPC:cdc
39	39	questionnaire must state and the patient must acknowledge on the self-assessment
40	40	questionnaire that a hormonal contraceptive patch or a self-administered oral
41	41	hormonal contraceptive is not protection against sexually transmitted diseases, and
42	42	that it is strongly recommended that the patient annually meet with a physician or
43	43	other medical professional to discuss the patient[s prescribed hormonal
44	44	contraceptive treatment and other routine preventive care.
45	45	Under the bill, the rules promulgated by the Pharmacy Examining Board
46	46	establishing standard procedures for the prescribing of contraceptives by
47	47	pharmacists must include certain requirements for pharmacists such as requiring
48	48	that the pharmacist report to the patient[s primary health care practitioner
49	49	following a prescription and requiring that the contraceptive be dispensed as soon
50	50	as practicable after the pharmacist issues the prescription order. Further, the rules
51	51	must prohibit a pharmacist from prescribing or dispensing a contraceptive to a
52	52	patient unless the patient has responded to the self-assessment questionnaire and
53	53	undergone a blood pressure screening and unless the use of the contraceptive is not
54	54	contraindicated based upon the results of the questionnaire and screening. A
55	55	pharmacist who prescribes contraceptives as permitted under the bill must comply
56	56	with those rules, as well as any other rules promulgated by the Pharmacy
57	57	Examining Board. A pharmacist may only prescribe a contraceptive to a person
58	58	who is at least 18 years of age.
59	59	The bill requires any pharmacist who prescribes hormonal contraceptives as
60	60	provided in the bill to have in effect malpractice liability insurance coverage in the
61	61	amounts specified for other health care providers under current law.
62	62	Finally, the bill requires that DHS ensure any contraceptives or contraceptive
63	63	services that are covered under the Medical Assistance program are covered and
64	64	reimbursed when prescribed, if a prescription is required under federal law, or
65	65	provided by a pharmacist acting within the scope of his or her practice. The
66	66	Medical Assistance program is a joint federal and state program that provides
67	67	health services to individuals who have limited financial resources. The bill also
68	68	requires DHS to certify pharmacists as providers of Medical Assistance services for
69	69	the purposes of covering and reimbursing prescribed hormonal contraceptive
70	70	patches and self-administered oral hormonal contraceptives.
71	71	For further information see the state fiscal estimate, which will be printed as
72	72	an appendix to this bill.
73	73	The people of the state of Wisconsin, represented in senate and assembly, do
74	74	enact as follows:
75	75	SECTION 1. 49.46 (2) (bg) of the statutes is created to read:
76	76	49.46 (2) (bg) The department shall ensure that any contraceptives, including
77	77	contraceptive drugs or drug products, or contraceptive services that are covered
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81	81	ASSEMBLY BILL 43
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83	83	JPC:cdc
84	84	SECTION 1
85	85	under this subsection and for which reimbursement is made to any provider are
86	86	covered and reimbursed when prescribed, if a prescription is required under federal
87	87	law, or provided by a pharmacist acting within his or her scope of practice, including
88	88	under s. 450.095 (2m). The department shall certify pharmacists as providers of
89	89	Medical Assistance services for the purposes of covering and reimbursing under
90	90	this paragraph services that are provided under s. 450.095 (2m).
91	91	SECTION 2. 450.01 (16) (L) of the statutes is created to read:
92	92	450.01 (16) (L) Prescribing and dispensing hormonal contraceptive patches
93	93	and self-administered oral hormonal contraceptives pursuant to s. 450.095 (2m).
94	94	SECTION 3. 450.095 (title) of the statutes is amended to read:
95	95	450.095 (title) Duty to dispense Prescribing and dispensing of
96	96	contraceptives.
97	97	SECTION 4. 450.095 (1) (ag) and (ar) of the statutes are created to read:
98	98	450.095 (1) (ag) XHormonal contraceptive patchY means a transdermal patch
99	99	applied to the skin of a patient, by the patient or by a practitioner, that releases a
100	100	drug composed of a combination of hormones that is approved by the federal food
101	101	and drug administration to prevent pregnancy.
102	102	(ar) XSelf-administered oral hormonal contraceptiveY means a drug composed
103	103	of a combination of hormones that is approved by the federal food and drug
104	104	administration to prevent pregnancy and that the patient to whom the drug is
105	105	prescribed may take orally.
106	106	SECTION 5. 450.095 (2m) of the statutes is created to read:
107	107	450.095 (2m) (a) In accordance with rules promulgated by the board, a
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131	131	ASSEMBLY BILL 43
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133	133	JPC:cdc
134	134	SECTION 5
135	135	pharmacist may prescribe and dispense hormonal contraceptive patches and self-
136	136	administered oral hormonal contraceptives to a person who is at least 18 years of
137	137	age.
138	138	(b) 1. The board shall, after consultation with the medical examining board,
139	139	the board of nursing, and the department of health services, promulgate rules to
140	140	establish standard procedures for the prescribing of hormonal contraceptive
141	141	patches and self-administered oral hormonal contraceptives by pharmacists under
142	142	this subsection.
143	143	2. a. The rules promulgated under subd. 1. shall include a self-assessment
144	144	questionnaire, developed in consideration of guidelines established by the American
145	145	Congress of Obstetricians and Gynecologists, that must be used by a pharmacist as
146	146	described in subd. 3. a.
147	147	b. The self-assessment questionnaire shall state and the patient shall
148	148	acknowledge on the self-assessment questionnaire that a hormonal contraceptive
149	149	patch or a self-administered oral hormonal contraceptive is not protection against
150	150	sexually transmitted diseases, which may have a significant negative impact on
151	151	reproductive and general health.
152	152	c. The patient shall acknowledge on the self-assessment questionnaire that it
153	153	is strongly recommended that the patient annually meet with a physician or other
154	154	medical professional to discuss the patient[s prescribed hormonal contraceptive
155	155	treatment and other routine preventive care.
156	156	3. The rules promulgated under subd. 1. shall require a pharmacist to do all of
157	157	the following:
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181	181	ASSEMBLY BILL 43
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183	183	JPC:cdc
184	184	SECTION 5
185	185	a. Provide the self-assessment questionnaire described in subd. 2. to a patient
186	186	prior to the pharmacist[s prescribing the hormonal contraceptive patch or self-
187	187	administered oral hormonal contraceptive to the patient.
188	188	b. Report to the patient[s primary care practitioner upon prescribing and
189	189	dispensing the hormonal contraceptive patch or self-administered oral hormonal
190	190	contraceptive.
191	191	c. Provide the patient with a written record of the hormonal contraceptive
192	192	patch or self-administered oral hormonal contraceptive prescribed and dispensed.
193	193	d. Dispense the hormonal contraceptive patch or self-administered oral
194	194	hormonal contraceptive to the patient as soon as practicable after the pharmacist
195	195	issues the prescription order.
196	196	4. The rules promulgated under subd. 1. shall prohibit a pharmacist from
197	197	prescribing and dispensing a hormonal contraceptive patch or self-administered
198	198	oral hormonal contraceptive to a patient unless all of the following apply:
199	199	a. The patient has responded to the self-assessment questionnaire provided
200	200	under subd. 3. a. and undergone a blood pressure screening.
201	201	b. The use of the hormonal contraceptive patch or self-administered oral
202	202	hormonal contraceptive by the patient is not contraindicated based upon the results
203	203	of the questionnaire and screening.
204	204	5. The rules promulgated under subd. 1. shall permit any qualified pharmacy
205	205	employee to provide a self-assessment questionnaire required under subd. 3. a. and
206	206	administer a blood pressure screening required under subd. 4. a. if a pharmacist
207	207	reviews the results of the self-assessment questionnaire and the blood pressure
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231	231	ASSEMBLY BILL 43
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233	233	JPC:cdc
234	234	SECTION 5
235	235	screening before prescribing and dispensing any hormonal contraceptive path or
236	236	self-administered oral hormonal contraceptive to a patient.
237	237	(c) Any pharmacist who prescribes hormonal contraceptives under this
238	238	subsection shall have in effect malpractice liability insurance coverage evidenced by
239	239	one of the following:
240	240	1. Personal liability coverage in the amounts specified for health care
241	241	providers under s. 655.23 (4).
242	242	2. Coverage under a group liability policy providing individual coverage for
243	243	the pharmacist under s. 655.23 (4).
244	244	SECTION 6. 450.095 (3) of the statutes is amended to read:
245	245	450.095 (3) Any person who violates this section or any rules promulgated
246	246	under this section may be required to forfeit not less than $250 nor more than
247	247	$2,500 for each violation.
248	248	SECTION 7. Nonstatutory provisions.
249	249	(1) The pharmacy examining board may promulgate emergency rules under s.
250	250	227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2),
251	251	emergency rules promulgated under this subsection remain in effect until May 1,
252	252	2027, or the date on which permanent rules take effect, whichever is sooner.
253	253	Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to
254	254	provide evidence that promulgating a rule under this subsection as an emergency
255	255	rule is necessary for the preservation of the public peace, health, safety, or welfare
256	256	and is not required to provide a finding of emergency for a rule promulgated under
257	257	this subsection.
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281	281	ASSEMBLY BILL 43
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283	283	JPC:cdc
284	284	SECTION 8
285	285	SECTION 8. Effective dates. This act takes effect on January 1, 2026, except
286	286	as follows:
287	287	(1) SECTION 7 (1) of this act takes effect on the day after publication.
288	288	(END)
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