Wisconsin 2019-2020 Regular Session Status: Passed Assembly 22 R cosponsors

AB 304 — 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)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

123 added · 9 removed

Plain-language change summary

The amendments made to Assembly Bill 304 update the provisions regarding pharmacists' ability to prescribe contraceptives. Specifically, the changes include the removal of certain detailed rules about the prescribing process, focusing instead on the general requirement for the Pharmacy Examining Board to develop standard procedures. This simplification is important as it allows for quicker implementation of pharmacist-prescribing capabilities, which can improve access to contraceptive options for individuals who may need them.

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- 2020 LEGISLATURE LRBa0719/1 TJD:skw ASSEMBLY AMENDMENT 1, TO ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 304 October 30, 2019 - Offered bOMMITTEE ONH EALTH.
- 2020 LEGISLATURE LRB-0325/1 MED:amn ASSEMBLY BILL 304 June 20, 2019 - Introduced by Representatives KITCHENS, FELZKOWSKI , UGUST , B ORN, DITTRIC, DUCHOW , AMES, KERKMAN , NODL , KRUG, KUGLITSCH, URTZ , LOUDENBECK , M ACCO, M AGNAFIC, M URSAU, N EYLON , N OVAK, N YGREN , O LDENBURG , LUMER , RAMTHUN , ROHRKASTE , SKOWRONSKI , NYDER , SPIROS, STEFFEN , STEINEKE, SUMMERFIELD , S WEARINGEN, T ITT, T RANEL, TUSLER , V ORPAGEL, VOS and W ITTK, cosponsored by Senators B ERNIER, D ARLING, FEYEN , MARKLEIN, ESTIN and WANGGAARD .
At the locations indicated, amend the amendment as follows:
Referred to Committee on Health.
A N A CT to amend 450.095 (title) and 450.095 (3);
and to create 450.01 (16) (L), 450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes;
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.
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, to promulgate rules to establish standard procedures for the prescribing of contraceptives by pharmacists under the bill.
The rules must include a self-assessment questionnaire, developed in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, that must be used by a pharmacist when prescribing a contraceptive.
The rules must include certain requirements for pharmacists prescribing contraceptives, such as 1) requiring a report to the patient's primary health care practitioner following a prescription, and 2) 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 prescribing or dispensing a contraceptive to a patient unless 1) the - 2020 Legislature - 2 - LRB-0325/1 MED:amn ASSEMBLY BILL 304 patient has responded to the self-assessment questionnaire and undergone a blood pressure screening and 2) the use of the contraceptive is not contraindicated based upon the results of the questionnaire and screening.
A pharmacist who prescribes contraceptives as permitted under the bill must comply with those rules, as well as any other rules promulgated by the Pharmacy Examining Board.
Finally, under the bill, a pharmacist may prescribe a contraceptive only to a person who is at least 18 years of age.
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:
SECTION 1.
450.01 (16) (L) of the statutes is created to read:
450.01 (16) (L) Prescribing and dispensing hormonal contraceptive patches and self-administered oral hormonal contraceptives pursuant to s.
450.095 (2m).
SECTION 2.
450.095 (title) of the statutes is amended to read:
450.095 (title) Duty to dispense Prescribing and dispensing of contraceptives.
SECTION 3.
450.095 (1) (ag) and (ar) of the statutes are created to read:
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.
(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.
SECTION 4.
450.095 (2m) of the statutes is created to read:
LRB-0325/1 - 2020 Legislature - 3 - MED:amn SECTION 4 ASSEMBLY BILL 304 450.095 (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.
2.
The rules promulgated under subd.
Page 1, line 12:
shall include a self-assessment questionnaire, developed in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, that must be used by a pharmacist as described in subd.
delete the material beginning with that line and ending with page 2, line 8.
3.
a.
3.
The rules promulgated under subd.
1.
shall require a pharmacist to do all of the following:
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a.
Provide the self-assessment questionnaire described in subd.
2.
to a patient prior to the pharmacist's prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient.
b.
Report to the patient's primary care practitioner upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive.
c.
Provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed.
- 2020 Legislature - 4 - LRB-0325/1 MED:amn ASSEMBLY BILL 304 SECTION 4 d.
Dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription order.
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.
SECTION 5.
450.095 (3) of the statutes is amended to read:
450.095 (3) 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.
SECTION 6.0Nonstatutory provisions.
(1) The pharmacy examining board may promulgate emergency rules under s.
227.24 necessary to implement this act.
Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until May 1, 2021, 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.
LRB-0325/1 - 2020 Legislature - 5 - MED:amn ASSEMBLY BILL 304 SECTION 7 SECTION 7.Effective dates.
This act takes effect on the first day of the 10th month beginning after publication, except as follows:
(1) SECTION6 (1) of this act takes effect on the day after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Read first time and referred to committee on Senate Organization

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed, Ayes 82, Noes 13, Paired 2

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 1 adopted

  10. Assembly Amendment 1 to Assembly Amendment 1 adopted

  11. Read a second time

  12. Placed on calendar 11-7-2019 by Committee on Rules

  13. Referred to committee on Rules

  14. Report passage as amended recommended by Committee on Health, Ayes 11, Noes 3

  15. Report Assembly Amendment 1 adoption recommended by Committee on Health, Ayes 12, Noes 2

  16. Report Assembly Amendment 1 to Assembly Amendment 1 adoption recommended by Committee on Health, Ayes 12, Noes 2

  17. Assembly Amendment 1 to Assembly Amendment 1 offered by Committee on Health

  18. Executive action taken

  19. Assembly Amendment 3 offered by Representatives Kolste, Subeck and Vining

  20. Assembly Amendment 2 offered by Representatives Kolste and Subeck

  21. Assembly Amendment 1 offered by Representative Kitchens

  22. Public hearing held

  23. Representative Ramthun withdrawn as a coauthor

  24. Fiscal estimate received

  25. Read first time and referred to Committee on Health

  26. Introduced by Representatives Kitchens, Felzkowski, August, Born, Dittrich, Duchow, James, Kerkman, Knodl, Krug, Kuglitsch, Kurtz, Loudenbeck, Macco, Magnafici, Mursau, Neylon, Novak, Nygren, Oldenburg, Plumer, Ramthun, Rohrkaste, Skowronski, Snyder, Spiros, Steffen, Steineke, Summerfield, Swearingen, Tittl, Tranel, Tusler, Vorpagel, Vos and Wittke; cosponsored by Senators Bernier, Darling, Feyen, Marklein, Testin and Wanggaard

Sponsors

Sponsorship breakdown

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36 sponsors · 0 co-sponsors · 96 not signed on · 8 voted No

Sponsors (36)

Co-sponsors (0)

None.

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 82 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 29800
Democrat 14000
Unaffiliated 39500
Total 821300
% of votes cast 86%14%0%0%
How each member voted (95)
Member Party Vote
BALLWEG — Nay
BOWEN — Yea
BRANDTJEN — Nay
BROSTOFF — Yea
CABRERA — Yea
CROWLEY — Yea
EDMING — Yea
FIELDS — Yea
GOYKE — Yea
GRUSZYNSKI — Yea
HEBL — Yea
HINTZ — Yea
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Yea
MILROY — Yea
MYERS — Yea
NYGREN — Yea
OHNSTAD — Yea
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Yea
RAMTHUN — Nay
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Yea
SCHRAA — Nay
SHANKLAND — Yea
STEINEKE — Yea
STUCK — Yea
TAUCHEN — Yea
THIESFELDT — Nay
VORPAGEL — Yea
VRUWINK — Yea
ZAMARRIPA — Yea
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Billings, Jill Democrat Yea
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hesselbein, Dianne Democrat Yea
McGuire, Tip Democrat Yea
Neubauer, Greta Democrat Yea
Sinicki, Christine Democrat Yea
Spreitzer, Mark Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Yea
Vining, Robyn Democrat Yea
Allen, Scott Republican Nay
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Nay
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Nay
Hutton, Rob Republican Yea
Jagler, John Republican Nay
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Nay
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Nay
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Nay
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Nay
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors AB 304?
AB 304 is sponsored by Kitchens, Joel (Republican), Felzkowski, Mary (Republican), August, Tyler (Republican), Born, Mark (Republican), Duchow, Cindi (Republican), James, Kerkman, Knodl, Daniel (Republican), Krug, Scott (Republican), Kuglitsch, Loudenbeck, Macco, Magnafici, Mursau, Jeffrey (Republican), Neylon, Adam (Republican), Novak, Todd (Republican), Nygren, Oldenburg, Plumer, Ramthun, Rohrkaste, Skowronski, Snyder, Patrick (Republican), Spiros, John (Republican), Steffen, David (Republican), Steineke, Summerfield, Rob (Republican), Swearingen, Rob (Republican), Tittl, Paul (Republican), Tranel, Travis (Republican), Tusler, Ron (Republican), Vorpagel, Vos, Robin (Republican), Wittke, Robert (Republican), Kurtz, Tony (Republican), and Dittrich, Barbara (Republican).
What is the current status of AB 304?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 304?
Track AB 304 free on One Click Politics — get push/email alerts when it moves.

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