SB 286 — 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)

- 2020 LEGISLATURE LRBa0764/1LRB-3267/1 TJD:amnMED:amn SENATE AMENDMENT 1, TO SENATE BILL 286 NovemberJune 18,7, 2019 - OfferedIntroduced by SenatorSenatorsERNIER, BERNIER.DARLING, EYEN , MARKLEIN, ESTIN and W ANGGAARD , cosponsored by Representatives K ITCHENS, FELZKOWSKI, A UGUST, ORN , ITTRICH, DUCHOW, JAMES, KERKMAN , NODL , RUG , UGLITSCH, K URTZ, LOUDENBECK , MACCO, M AGNAFIC, M URSAU, NEYLON , NOVAK, NYGREN, O LDENBURG , PLUMER, R AMTHUN , ROHRKASTE, SKOWRONSKI , SNYDER , SPIRO, STEFFEN , STEINEKE, S UMMERFIELD , SWEARINGEN , TITTL, TRANEL , TUSLER, V ORPAGEL, VOS and W ITTKE.

AtReferred theto locationsCommittee indicated,on amendHealth theand billHuman asServices. follows:

1.A N A CT to amend 450.095 (title) and 450.095 (3);

Pageand 2,to linecreate 1:450.01 (16) (L), 450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes;

beforerelating thatto: line insert:

“Spermitting ECTIONpharmacists 1g.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.

49.46Analysis (2)by (bg)the ofLegislative theReference statutesBureau isThis createdbill permits a pharmacist to read:prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives, subject to limitations described as follows.

49.46 (2) (bg) The departmentbill shallrequires ensurethe thatPharmacy anyExamining contraceptives,Board, includingafter contraceptiveconsultation drugswith orthe drugMedical products,Examining orBoard, contraceptivethe servicesBoard thatof areNursing, covered under this subsection and forthe whichDepartment reimbursementof isHealth madeServices, to anypromulgate providerrules areto coveredestablish andstandard reimbursedprocedures whenfor prescribed,the ifprescribing aof prescriptioncontraceptives is required under federal law, or provided by apharmacists pharmacist acting under histhe orbill. her scope of practice, including under s.

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-3267/1 MED:amn SENATE BILL 286 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.

TheSECTION department2. 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).”.(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-3267/1 - 2020 Legislature - 3 - MED:amn SECTION 4 SENATE BILL 286 450.095 (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.

1.

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.

3.

a.

3.

The rules promulgated under subd.

1.

shall require a pharmacist to do all of the following: