AB 176 — Relating to: permitting pharmacists to prescribe certain contraceptives, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)

Bill Text

• Bill Text View text Current pdf

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill permits pharmacists to prescribe and dispense certain contraceptives, creates new definitions, and modifies emergency rule procedures.

• 450.095 (title)

  Duty to dispense. → Duty to dispense Prescribing and dispensing of contraceptives.

  The title of the section has been changed to explicitly include prescribing in addition to dispensing.

• 450.095 (3)

  Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation. → Any person who violates this section or any rules promulgated under this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.

  Added clarity that violations of rules promulgated under this section also incur penalties.

• 49.46 (2) (bg)

  The department shall ensure that any contraceptives, including contraceptive drugs or drug products, or contraceptive services that are covered under this subsection and for which reimbursement is made to any provider are covered and reimbursed when prescribed, if a prescription is required under federal law, or provided by a pharmacist acting under his or her scope of practice, including under s. 450.095 (2m). The department shall certify pharmacists as providers of Medical Assistance services for the purposes of covering and reimbursing under this paragraph services that are provided under s. 450.095 (2m).

  Establishes a requirement for the Department of Health Services to ensure reimbursement for contraceptives prescribed by pharmacists under the Medical Assistance program.

• 450.01 (16) (L)

  Prescribing and dispensing hormonal contraceptive patches and self-administered oral hormonal contraceptives pursuant to s. 450.095 (2m).

  Defines the ability of pharmacists to prescribe and dispense certain hormonal contraceptives.

• 450.095 (1) (ag)

  “Hormonal contraceptive patch" means a transdermal patch applied to the skin of a patient, by the patient or by a practitioner, that releases a drug composed of a combination of hormones that is approved by the federal food and drug administration to prevent pregnancy.

  Establishes a definition for hormonal contraceptive patches.

• 450.095 (1) (ar)

  “Self-administered oral hormonal contraceptive" means a drug composed of a combination of hormones that is approved by the federal food and drug administration to prevent pregnancy and that the patient to whom the drug is prescribed may take orally.

  Establishes a definition for self-administered oral hormonal contraceptives.

• 450.095 (2m)

  (a) In accordance with rules promulgated by the board, a pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to a person who is at least 18 years of age. (b) 1. The board shall, after consultation with the medical examining board, the board of nursing, and the department of health services, promulgate rules to establish standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists under this subsection.

  Allows pharmacists to prescribe and dispense certain hormonal contraceptives under specified conditions.

• 450.095 (2m)

  4. The rules promulgated under subd. 1. shall prohibit a pharmacist from prescribing and dispensing a hormonal contraceptive patch or self-administered oral hormonal contraceptive to a patient unless all of the following apply: a. The patient has responded to the self-assessment questionnaire provided under subd. 3. a. and undergone a blood pressure screening. b. The use of the hormonal contraceptive patch or self-administered oral hormonal contraceptive by the patient is not contraindicated based upon the results of the questionnaire and screening.

  Establishes requirements that must be met before a pharmacist can prescribe the contraceptives.

• 227.24

  Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until May 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

  Extends the duration of certain emergency rules related to the implementation of the bill and modifies the requirements for establishing an emergency.

Action History

1. April 15, 2024

   Failed to concur in pursuant to Senate Joint Resolution 1

2. October 06, 2023

   Available for scheduling

3. October 06, 2023

   Report concurrence recommended by Committee on Health, Ayes 5, Noes 1

4. September 15, 2023

   Representative Shankland added as a coauthor

5. September 13, 2023

   Executive action taken

6. July 14, 2023

   Senators Hesselbein and Carpenter added as cosponsors

7. July 12, 2023

   Public hearing held

8. June 23, 2023

   Read first time and referred to committee on Health

9. June 22, 2023

   Representative Ratcliff added as a coauthor

10. June 22, 2023

    Received from Assembly

11. June 21, 2023

    Ordered immediately messaged

12. June 21, 2023

    Read a third time and passed, Ayes 82, Noes 11, Paired 4

13. June 21, 2023

    Rules suspended

14. June 21, 2023

    Ordered to a third reading

15. June 21, 2023

    Read a second time

16. June 21, 2023

    Representatives Snodgrass and Emerson added as coauthors

17. June 20, 2023

    Representative Cabrera added as a coauthor

18. June 15, 2023

    Placed on calendar 6-21-2023 by Committee on Rules

19. June 15, 2023

    Representative Jacobson added as a coauthor

20. June 14, 2023

    Referred to committee on Rules

21. June 14, 2023

    Report passage recommended by Committee on Health, Aging and Long-Term Care, Ayes 13, Noes 1

22. June 14, 2023

    Executive action taken

23. June 08, 2023

    Representatives Joers and Andraca added as coauthors

24. June 06, 2023

    Public hearing held

25. June 06, 2023

    Fiscal estimate received

26. May 30, 2023

    Representative O'Connor added as a coauthor

27. May 04, 2023

    Representative Madison added as a coauthor

28. April 14, 2023

    Read first time and referred to Committee on Health, Aging and Long-Term Care

29. April 14, 2023

    Introduced by Representatives Kitchens, Magnafici, Duchow, Tusler, Binsfeld, Sapik, Rodriguez, August, Born, Callahan, Dallman, Dittrich, Green, Hurd, S. Johnson, Knodl, Krug, Kurtz, Macco, Maxey, Michalski, Mursau, Nedweski, Novak, Oldenburg, Plumer, Rozar, Snyder, Spiros, Steffen, Subeck, Summerfield, Swearingen, Vos, Wittke, Sinicki and Clancy; cosponsored by Senators Felzkowski, Cabral-Guevara, James and Marklein

Sponsors

• Joel Kitchens · Primary
• Magnafici · Primary
• Cindi Duchow · Primary
• Ron Tusler · Primary
• Binsfeld · Primary
• Sapik · Primary
• Jessie Rodriguez · Primary
• Tyler August · Primary
• Mark Born · Primary
• Calvin Callahan · Primary
• Alex Dallman · Primary
• Barbara Dittrich · Primary
• Chanz Green · Primary
• Karen Hurd · Primary
• Daniel Knodl · Primary
• Scott Krug · Primary
• Tony Kurtz · Primary
• Macco · Primary
• Dave Maxey · Primary
• Michalski · Primary
• Jeffrey Mursau · Primary
• Amanda Nedweski · Primary
• Todd Novak · Primary
• Oldenburg · Primary
• Plumer · Primary
• Rozar · Primary
• Patrick Snyder · Primary
• John Spiros · Primary
• David Steffen · Primary
• Lisa Subeck · Primary
• Rob Summerfield · Primary
• Rob Swearingen · Primary
• Robin Vos · Primary
• Robert Wittke · Primary
• Christine Sinicki · Primary
• Ryan Clancy · Primary
• Tara Johnson · Primary

Votes

Subjects