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2019 - 2020 LEGISLATURE
June 13, 2019 - Introduced by Representatives Sargent, Kolste, Neubauer,
Anderson, Bowen, Brostoff, Considine, Gruszynski, Hesselbein, Hintz,
Ohnstad, Pope, Sinicki, Stubbs, Subeck, C. Taylor and Zamarripa,
cosponsored by Senators Risser, Larson, Smith and L. Taylor. Referred to
Committee on Health.
AB290,1,4 1An Act to amend 450.095 (title) and 450.095 (3); and to create 450.01 (16) (L),
2450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes; relating to:
3permitting pharmacists to prescribe, administer, and dispense certain
4contraceptives, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill permits a pharmacist to prescribe and administer injectable hormonal
contraceptives and prescribe and dispense self-administered 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 College 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, dispensing,
and administering 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 administered or 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, administering, or dispensing
of a contraceptive and from prescribing, administering, 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,
administers, or dispenses contraceptives as permitted under the bill must comply
with those rules, as well as other rules promulgated by the Pharmacy Examining
Board.
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:
AB290,1 1Section 1. 450.01 (16) (L) of the statutes is created to read:
AB290,2,42 450.01 (16) (L) Prescribing and administering injectable hormonal
3contraceptives and prescribing and dispensing self-administered hormonal
4contraceptives pursuant to s. 450.095 (2m).
AB290,2 5Section 2. 450.095 (title) of the statutes is amended to read:
AB290,2,7 6450.095 (title) Duty to dispense Prescribing, administering, and
7dispensing of
contraceptives.
AB290,3 8Section 3. 450.095 (1) (ag) and (ar) of the statutes are created to read:
AB290,2,129 450.095 (1) (ag) “Injectable hormonal contraceptive” means a drug composed
10of a hormone or a combination of hormones that is approved by the federal food and
11drug administration to prevent pregnancy and that a health care practitioner
12administers to the patient by injection.
AB290,2,1713 (ar) “Self-administered hormonal contraceptive" means a drug composed of a
14hormone or a combination of hormones that is approved by the federal food and drug
15administration to prevent pregnancy and that the patient to whom the drug is
16prescribed may self-administer. “Self-administered hormonal contraceptive”
17includes hormonal contraceptive patches and hormonal contraceptive pills.
AB290,4 18Section 4. 450.095 (2m) of the statutes is created to read:
AB290,3,4
1450.095 (2m) (a) In accordance with rules promulgated by the board and
2subject to s. 450.035, a pharmacist may prescribe and administer injectable
3hormonal contraceptives and may prescribe and dispense self-administered
4hormonal contraceptives.
AB290,3,105 (b) 1. The board shall, after consultation with the medical examining board, the
6board of nursing, and the department of health services, and in consideration of
7guidelines established by the American College of Obstetricians and Gynecologists,
8promulgate rules to establish standard procedures for the prescribing of injectable
9hormonal contraceptives and self-administered hormonal contraceptives by
10pharmacists under this subsection.
AB290,3,1211 2. The rules promulgated under subd. 1. shall require a pharmacist to do all
12of the following:
AB290,3,1513 a. Complete a training program approved by the board that is related to
14prescribing injectable hormonal contraceptives and self-administered hormonal
15contraceptives.
AB290,3,1816 b. Provide a self-screening risk assessment tool that the patient must use prior
17to the pharmacist's prescribing the injectable hormonal contraceptive or
18self-administered hormonal contraceptive.
AB290,3,2219 c. Refer the patient to the patient's primary care practitioner or women's health
20care practitioner upon prescribing and administering the injectable hormonal
21contraceptive or prescribing and dispensing the self-administered hormonal
22contraceptive.
AB290,4,223 d. Provide the patient with a written record of the injectable hormonal
24contraceptive prescribed and administered or the self-administered hormonal

1contraceptive prescribed and dispensed and advise the patient to consult with a
2primary care practitioner or women's health care practitioner.
AB290,4,53 e. Administer the injectable hormonal contraceptive or dispense the
4self-administered hormonal contraceptive to the patient as soon as practicable after
5the pharmacist issues the prescription order.
AB290,4,76 3. The rules promulgated under subd. 1. shall prohibit a pharmacist from doing
7any of the following:
AB290,4,108 a. Requiring a patient to schedule an appointment with the pharmacist for the
9prescribing or administering of an injectable hormonal contraceptive or the
10prescribing or dispensing of a self-administered hormonal contraceptive.
AB290,4,1611 b. Prescribing and administering an injectable hormonal contraceptive or
12prescribing and dispensing a self-administered hormonal contraceptive to a patient
13who does not have evidence of a clinical visit for women's health within the 3 years
14immediately following the initial prescription and administration of an injectable
15hormonal contraceptive or the initial prescription and dispensing of a
16self-administered hormonal contraceptive by a pharmacist to the patient.
AB290,5 17Section 5. 450.095 (3) of the statutes is amended to read:
AB290,4,2018 450.095 (3) Any person who violates this section or any rules promulgated
19under this section
may be required to forfeit not less than $250 nor more than $2,500
20for each violation.
AB290,4,2121 (End)
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