LRB-4656/1
MED:ahe
2015 - 2016 LEGISLATURE
March 2, 2016 - Introduced by Representatives Sargent,
Kessler, Pope, Sinicki
and Berceau, cosponsored by Senators Risser,
C. Larson and Miller.
Referred to Committee on Health.
AB968,1,5
1An Act to repeal 450.095 (2m) (a) 1. and 2.;
to renumber and amend 450.095
2(2m) (a) (intro.);
to amend 450.095 (title) and 450.095 (3); and
to create 450.01
3(16) (L), 450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes;
relating to:
4permitting pharmacists to prescribe certain contraceptives and granting
5rule-making authority.
Analysis by the Legislative Reference Bureau
This bill permits a pharmacist to prescribe and dispense hormonal
contraceptive patches and self-administered oral hormonal contraceptives, subject
to limitations described as follows.
The bill requires the Pharmacy Examining Board, after consultation with the
Medical Examining Board, the Board of Nursing, and the Department of Health
Services, and in consideration of guidelines established by the American Congress
of Obstetricians and Gynecologists, to promulgate rules to establish standard
procedures for the prescribing of contraceptives by pharmacists under the bill. The
rules must include certain requirements for pharmacists prescribing contraceptives,
such as requiring a pharmacist to complete a training course, requiring a referral to
a health care provider following a prescription, and requiring the contraceptive to be
dispensed as soon as practicable after the pharmacist issues the prescription order.
In addition, the rules must prohibit a pharmacist from requiring a patient to
schedule an appointment with the pharmacist for the prescribing or dispensing of a
contraceptive and from prescribing and dispensing a contraceptive to a patient who
does not have evidence of a clinical visit for women's health within the three years
immediately following the initial prescription of a contraceptive by a pharmacist to
the patient. A pharmacist who prescribes contraceptives as permitted under the bill
must comply with those rules, as well as other rules promulgated by the Pharmacy
Examining Board.
Under the bill, a pharmacist may prescribe a contraceptive to a person who is
under 18 years of age only if the person has evidence of a previous prescription from
a primary care practitioner or women's health care practitioner for a hormonal
contraceptive patch or self-administered oral hormonal contraceptive. The bill
eliminates this limitation beginning on January 1, 2020.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB968,1
1Section
1. 450.01 (16) (L) of the statutes is created to read:
AB968,2,32
450.01
(16) (L) Prescribing and dispensing hormonal contraceptive patches
3and self-administered oral hormonal contraceptives pursuant to s. 450.095 (2m).
AB968,2
4Section
2. 450.095 (title) of the statutes is amended to read:
AB968,2,6
5450.095 (title)
Duty to dispense Prescribing and dispensing of
6contraceptives.
AB968,3
7Section
3. 450.095 (1) (ag) and (ar) of the statutes are created to read:
AB968,2,118
450.095
(1) (ag) "Hormonal contraceptive patch" means a transdermal patch
9applied to the skin of a patient, by the patient or by a practitioner, that releases a
10drug composed of a combination of hormones that is approved by the federal food and
11drug administration to prevent pregnancy.
AB968,2,1512
(ar) "Self-administered oral hormonal contraceptive" means a drug composed
13of a combination of hormones that is approved by the federal food and drug
14administration to prevent pregnancy and that the patient to whom the drug is
15prescribed may take orally.
AB968,4
1Section
4. 450.095 (2m) of the statutes is created to read:
AB968,3,42
450.095
(2m) (a) In accordance with rules promulgated by the board, a
3pharmacist may prescribe and dispense hormonal contraceptive patches and
4self-administered oral hormonal contraceptives to any of the following:
AB968,3,85
1. A person who is at least 18 years of age, regardless of whether the person has
6evidence of a previous prescription from a primary care practitioner or women's
7health care practitioner for a hormonal contraceptive patch or self-administered
8oral hormonal contraceptive.
AB968,3,119
2. A person who is under 18 years of age, if the person has evidence of a previous
10prescription from a primary care practitioner or women's health care practitioner for
11a hormonal contraceptive patch or self-administered oral hormonal contraceptive.
AB968,3,1712
(b) 1. The board shall, after consultation with the medical examining board, the
13board of nursing, and the department of health services, and in consideration of
14guidelines established by the American Congress of Obstetricians and
15Gynecologists, promulgate rules to establish standard procedures for the prescribing
16of hormonal contraceptive patches and self-administered oral hormonal
17contraceptives by pharmacists under this subsection.
AB968,3,1918
2. The rules promulgated under subd. 1. shall require a pharmacist to do all
19of the following:
AB968,3,2220
a. Complete a training program approved by the board that is related to
21prescribing hormonal contraceptive patches and self-administered oral hormonal
22contraceptives.
AB968,3,2523
b. Provide a self-screening risk assessment tool that the patient must use prior
24to the pharmacist's prescribing the hormonal contraceptive patch or
25self-administered oral hormonal contraceptive.
AB968,4,3
1c. Refer the patient to the patient's primary care practitioner or women's health
2care practitioner upon prescribing and dispensing the hormonal contraceptive patch
3or self-administered oral hormonal contraceptive.
AB968,4,74
d. Provide the patient with a written record of the hormonal contraceptive
5patch or self-administered oral hormonal contraceptive prescribed and dispensed
6and advise the patient to consult with a primary care practitioner or women's health
7care practitioner.
AB968,4,108
e. Dispense the hormonal contraceptive patch or self-administered oral
9hormonal contraceptive to the patient as soon as practicable after the pharmacist
10issues the prescription order.
AB968,4,1211
3. The rules promulgated under subd. 1. shall prohibit a pharmacist from doing
12any of the following:
AB968,4,1513
a. Requiring a patient to schedule an appointment with the pharmacist for the
14prescribing or dispensing of a hormonal contraceptive patch or self-administered
15oral hormonal contraceptive.
AB968,4,2016
b. Prescribing and dispensing a hormonal contraceptive patch or
17self-administered oral hormonal contraceptive to a patient who does not have
18evidence of a clinical visit for women's health within the 3 years immediately
19following the initial prescription of a hormonal contraceptive patch or
20self-administered oral hormonal contraceptive by a pharmacist to the patient.
AB968,5
21Section
5. 450.095 (2m) (a) (intro.) of the statutes, as created by 2015
22Wisconsin Act .... (this act), is renumbered 450.095 (2m) (a) and amended to read:
AB968,4,2523
450.095
(2m) (a) In accordance with rules promulgated by the board, a
24pharmacist may prescribe and dispense hormonal contraceptive patches and
25self-administered oral hormonal contraceptives
to any of the following:.
AB968,6
1Section
6. 450.095 (2m) (a) 1. and 2. of the statutes, as created by 2015
2Wisconsin Act .... (this act), are repealed.
AB968,7
3Section
7. 450.095 (3) of the statutes is amended to read:
AB968,5,64
450.095
(3) Any person who violates this section
or any rules promulgated
5under this section may be required to forfeit not less than $250 nor more than $2,500
6for each violation.
AB968,8
7Section
8.
Effective dates. This act takes effect on the day after publication,
8except as follows:
AB968,5,119
(1)
The repeal of section 450.095 (2m) (a) 1. and 2. of the statutes and the
10renumbering and amendment of section 450.095 (2m) (a) (intro.) of the statutes take
11effect January 1, 2020.
