Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB42 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-2068/1
3	3	JPC:cdc
4	4	2025 SENATE BILL 42
5	5	February 12, 2025 - Introduced by Senators CABRAL-GUEVARA, JAMES and
6	6	MARKLEIN, cosponsored by Representatives KITCHENS, RODRIGUEZ,
7	7	FRANKLIN, DUCHOW, NOVAK, SNYDER, ZIMMERMAN, AUGUST, BARE, DITTRICH,
8	8	HONG, HYSELL, J. JACOBSON, KRUG, MIRESSE, MURSAU, NEDWESKI,
9	9	NEUBAUER, PHELPS, PIWOWARCZYK, SHEEHAN, SPIROS, STROUD and SUBECK.
10	10	Referred to Committee on Health.
11	11	AN ACT to amend 450.095 (title) and 450.095 (3); to create 49.46 (2) (bg),
12	12	450.01 (16) (L), 450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes;
13	13	relating to: permitting pharmacists to prescribe certain contraceptives,
14	14	extending the time limit for emergency rule procedures, providing an
15	15	exemption from emergency rule procedures, granting rule-making authority,
16	16	and providing a penalty.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill permits a pharmacist to prescribe and dispense hormonal
19	19	contraceptive patches and self-administered oral hormonal contraceptives, subject
20	20	to limitations described as follows.
21	21	The bill requires the Pharmacy Examining Board, after consultation with the
22	22	Medical Examining Board, the Board of Nursing, and the Department of Health
23	23	Services, to promulgate rules to establish standard procedures for the prescribing
24	24	of contraceptives by pharmacists under the bill. The rules must require that
25	25	pharmacists use a self-assessment questionnaire, developed in consideration of
26	26	guidelines established by the American Congress of Obstetricians and
27	27	Gynecologists, when prescribing a contraceptive. The self-assessment
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34	34	SENATE BILL 42
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36	36	JPC:cdc
37	37	questionnaire must state and the patient must acknowledge on the self-assessment
38	38	questionnaire that a hormonal contraceptive patch or a self-administered oral
39	39	hormonal contraceptive is not protection against sexually transmitted diseases, and
40	40	that it is strongly recommended that the patient annually meet with a physician or
41	41	other medical professional to discuss the patient[s prescribed hormonal
42	42	contraceptive treatment and other routine preventive care.
43	43	Under the bill, the rules promulgated by the Pharmacy Examining Board
44	44	establishing standard procedures for the prescribing of contraceptives by
45	45	pharmacists must include certain requirements for pharmacists such as requiring
46	46	that the pharmacist report to the patient[s primary health care practitioner
47	47	following a prescription and requiring that the contraceptive be dispensed as soon
48	48	as practicable after the pharmacist issues the prescription order. Further, the rules
49	49	must prohibit a pharmacist from prescribing or dispensing a contraceptive to a
50	50	patient unless the patient has responded to the self-assessment questionnaire and
51	51	undergone a blood pressure screening and unless the use of the contraceptive is not
52	52	contraindicated based upon the results of the questionnaire and screening. A
53	53	pharmacist who prescribes contraceptives as permitted under the bill must comply
54	54	with those rules, as well as any other rules promulgated by the Pharmacy
55	55	Examining Board. A pharmacist may only prescribe a contraceptive to a person
56	56	who is at least 18 years of age.
57	57	The bill requires any pharmacist who prescribes hormonal contraceptives as
58	58	provided in the bill to have in effect malpractice liability insurance coverage in the
59	59	amounts specified for other health care providers under current law.
60	60	Finally, the bill requires that DHS ensure any contraceptives or contraceptive
61	61	services that are covered under the Medical Assistance program are covered and
62	62	reimbursed when prescribed, if a prescription is required under federal law, or
63	63	provided by a pharmacist acting within the scope of his or her practice. The
64	64	Medical Assistance program is a joint federal and state program that provides
65	65	health services to individuals who have limited financial resources. The bill also
66	66	requires DHS to certify pharmacists as providers of Medical Assistance services for
67	67	the purposes of covering and reimbursing prescribed hormonal contraceptive
68	68	patches and self-administered oral hormonal contraceptives.
69	69	For further information see the state fiscal estimate, which will be printed as
70	70	an appendix to this bill.
71	71	The people of the state of Wisconsin, represented in senate and assembly, do
72	72	enact as follows:
73	73	SECTION 1. 49.46 (2) (bg) of the statutes is created to read:
74	74	49.46 (2) (bg) The department shall ensure that any contraceptives, including
75	75	contraceptive drugs or drug products, or contraceptive services that are covered
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82	82	SECTION 1
83	83	under this subsection and for which reimbursement is made to any provider are
84	84	covered and reimbursed when prescribed, if a prescription is required under federal
85	85	law, or provided by a pharmacist acting within his or her scope of practice, including
86	86	under s. 450.095 (2m). The department shall certify pharmacists as providers of
87	87	Medical Assistance services for the purposes of covering and reimbursing under
88	88	this paragraph services that are provided under s. 450.095 (2m).
89	89	SECTION 2. 450.01 (16) (L) of the statutes is created to read:
90	90	450.01 (16) (L) Prescribing and dispensing hormonal contraceptive patches
91	91	and self-administered oral hormonal contraceptives pursuant to s. 450.095 (2m).
92	92	SECTION 3. 450.095 (title) of the statutes is amended to read:
93	93	450.095 (title) Duty to dispense Prescribing and dispensing of
94	94	contraceptives.
95	95	SECTION 4. 450.095 (1) (ag) and (ar) of the statutes are created to read:
96	96	450.095 (1) (ag) XHormonal contraceptive patchY means a transdermal patch
97	97	applied to the skin of a patient, by the patient or by a practitioner, that releases a
98	98	drug composed of a combination of hormones that is approved by the federal food
99	99	and drug administration to prevent pregnancy.
100	100	(ar) XSelf-administered oral hormonal contraceptiveY means a drug composed
101	101	of a combination of hormones that is approved by the federal food and drug
102	102	administration to prevent pregnancy and that the patient to whom the drug is
103	103	prescribed may take orally.
104	104	SECTION 5. 450.095 (2m) of the statutes is created to read:
105	105	450.095 (2m) (a) In accordance with rules promulgated by the board, a
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129	129	SENATE BILL 42
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132	132	SECTION 5
133	133	pharmacist may prescribe and dispense hormonal contraceptive patches and self-
134	134	administered oral hormonal contraceptives to a person who is at least 18 years of
135	135	age.
136	136	(b) 1. The board shall, after consultation with the medical examining board,
137	137	the board of nursing, and the department of health services, promulgate rules to
138	138	establish standard procedures for the prescribing of hormonal contraceptive
139	139	patches and self-administered oral hormonal contraceptives by pharmacists under
140	140	this subsection.
141	141	2. a. The rules promulgated under subd. 1. shall include a self-assessment
142	142	questionnaire, developed in consideration of guidelines established by the American
143	143	Congress of Obstetricians and Gynecologists, that must be used by a pharmacist as
144	144	described in subd. 3. a.
145	145	b. The self-assessment questionnaire shall state and the patient shall
146	146	acknowledge on the self-assessment questionnaire that a hormonal contraceptive
147	147	patch or a self-administered oral hormonal contraceptive is not protection against
148	148	sexually transmitted diseases, which may have a significant negative impact on
149	149	reproductive and general health.
150	150	c. The patient shall acknowledge on the self-assessment questionnaire that it
151	151	is strongly recommended that the patient annually meet with a physician or other
152	152	medical professional to discuss the patient[s prescribed hormonal contraceptive
153	153	treatment and other routine preventive care.
154	154	3. The rules promulgated under subd. 1. shall require a pharmacist to do all of
155	155	the following:
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179	179	SENATE BILL 42
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181	181	JPC:cdc
182	182	SECTION 5
183	183	a. Provide the self-assessment questionnaire described in subd. 2. to a patient
184	184	prior to the pharmacist[s prescribing the hormonal contraceptive patch or self-
185	185	administered oral hormonal contraceptive to the patient.
186	186	b. Report to the patient[s primary care practitioner upon prescribing and
187	187	dispensing the hormonal contraceptive patch or self-administered oral hormonal
188	188	contraceptive.
189	189	c. Provide the patient with a written record of the hormonal contraceptive
190	190	patch or self-administered oral hormonal contraceptive prescribed and dispensed.
191	191	d. Dispense the hormonal contraceptive patch or self-administered oral
192	192	hormonal contraceptive to the patient as soon as practicable after the pharmacist
193	193	issues the prescription order.
194	194	4. The rules promulgated under subd. 1. shall prohibit a pharmacist from
195	195	prescribing and dispensing a hormonal contraceptive patch or self-administered
196	196	oral hormonal contraceptive to a patient unless all of the following apply:
197	197	a. The patient has responded to the self-assessment questionnaire provided
198	198	under subd. 3. a. and undergone a blood pressure screening.
199	199	b. The use of the hormonal contraceptive patch or self-administered oral
200	200	hormonal contraceptive by the patient is not contraindicated based upon the results
201	201	of the questionnaire and screening.
202	202	5. The rules promulgated under subd. 1. shall permit any qualified pharmacy
203	203	employee to provide a self-assessment questionnaire required under subd. 3. a. and
204	204	administer a blood pressure screening required under subd. 4. a. if a pharmacist
205	205	reviews the results of the self-assessment questionnaire and the blood pressure
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229	229	SENATE BILL 42
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231	231	JPC:cdc
232	232	SECTION 5
233	233	screening before prescribing and dispensing any hormonal contraceptive path or
234	234	self-administered oral hormonal contraceptive to a patient.
235	235	(c) Any pharmacist who prescribes hormonal contraceptives under this
236	236	subsection shall have in effect malpractice liability insurance coverage evidenced by
237	237	one of the following:
238	238	1. Personal liability coverage in the amounts specified for health care
239	239	providers under s. 655.23 (4).
240	240	2. Coverage under a group liability policy providing individual coverage for
241	241	the pharmacist under s. 655.23 (4).
242	242	SECTION 6. 450.095 (3) of the statutes is amended to read:
243	243	450.095 (3) Any person who violates this section or any rules promulgated
244	244	under this section may be required to forfeit not less than $250 nor more than
245	245	$2,500 for each violation.
246	246	SECTION 7. Nonstatutory provisions.
247	247	(1) The pharmacy examining board may promulgate emergency rules under s.
248	248	227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2),
249	249	emergency rules promulgated under this subsection remain in effect until May 1,
250	250	2027, or the date on which permanent rules take effect, whichever is sooner.
251	251	Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to
252	252	provide evidence that promulgating a rule under this subsection as an emergency
253	253	rule is necessary for the preservation of the public peace, health, safety, or welfare
254	254	and is not required to provide a finding of emergency for a rule promulgated under
255	255	this subsection.
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282	282	SECTION 8
283	283	SECTION 8. Effective dates. This act takes effect on January 1, 2026, except
284	284	as follows:
285	285	(1) SECTION 7 (1) of this act takes effect on the day after publication.
286	286	(END)
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