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AB31,65 20Section 65 . 323.19 (3m) of the statutes is created to read:
AB31,33,221 323.19 (3m) Based on guidance provided by the secretary of health services,
22during the period beginning on the effective date of this subsection .... [LRB inserts
23date], and ending on December 31, 2021, the head of each state agency and each local
24health department shall determine which public employee positions within the

1respective state agency or local government are critical for the purposes of s. 40.26
2(7).
AB31,66 3Section 66 . 323.19 (3p) of the statutes is created to read:
AB31,33,54 323.19 (3p) The secretary of health services shall determine which workers are
5critical workers for the purposes of s. 102.03 (7).
AB31,67 6Section 67 . 323.19 (4) (b) of the statutes is amended to read:
AB31,33,147 323.19 (4) (b) During the public health emergency declared on March 12, 2020,
8by executive order 72
period beginning on the effective date of this paragraph ....
9[LRB inserts date], and ending on December 31, 2021
, the head or governing body
10of a state entity may waive a statutory or other requirement imposed, administered,
11or enforced by the state entity that an individual appear in person if the head or
12governing body finds that the waiver assists in the state's response to the public
13health emergency or
that enforcing the requirement may increase the public health
14risk.
AB31,68 15Section 68 . 323.267 of the statutes is created to read:
AB31,33,17 16323.267 Waivers of certain interest, penalties, and payments. (1) In this
17section:
AB31,33,2218 (a) “Agency” means any office, department, agency, institution of higher
19education, association, society, or other body in state government created or
20authorized to be created by the constitution or any law, including any authority
21created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, but not
22including the legislature or the courts.
AB31,33,2423 (b) “Debtor" means a person who owes a debt to an agency or a local
24governmental unit.
AB31,34,2
1(c) “Effective period” means the period beginning on the effective date of this
2paragraph .... [LRB inserts date], and ending on December 31, 2021.
AB31,34,63 (d) “Local governmental unit" means a political subdivision of this state, a
4special purpose district in this state, an agency or corporation of a political
5subdivision or special purpose district, or a combination or subunit of any of the
6foregoing.
AB31,34,9 7(2) Each agency and local governmental unit may waive any interest, penalty,
8or payment of a debtor that accrues or becomes due during the effective period with
9respect to a debt the debtor owes the agency or local governmental unit.
AB31,69 10Section 69 . 323.2912 of the statutes is amended to read:
AB31,34,17 11323.2912 Suspension of limited term appointment hours.
12Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and
13selection in the division of personnel management in the department of
14administration may increase or suspend the number of hours for a limited term
15appointment for the duration of the public health emergency declared period
16beginning
on March 12, 2020, by executive order 72 and ending on December 31,
172021
.
AB31,70 18Section 70 . 323.2913 of the statutes is amended to read:
AB31,35,2 19323.2913 Use of annual leave during probationary period by state
20employee.
Notwithstanding s. 230.35 (1) (b), a state employee may take annual
21leave within the first 6 months of the employee's probationary period upon initial
22appointment during the public health emergency declared period beginning on
23March 12, 2020, by executive order 72 and ending on December 31, 2021. If an
24employee who has taken annual leave under this section terminates his or her
25employment before earning annual leave equivalent to the amount of annual leave

1the employee has taken, the appointing authority shall deduct the cost of the
2unearned annual leave from the employee's final pay.
AB31,71 3Section 71 . 440.08 (2) (a) 69g. of the statutes is created to read:
AB31,35,54 440.08 (2) (a) 69g. Third-party logistics provider: July 1 of each
5even-numbered year.
AB31,72 6Section 72 . 440.15 of the statutes is amended to read:
AB31,35,11 7440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
8441.51 (5) (a) 5., 448.980 (5) (b) 3., and 448.985 (3) (a) 4., 450.071 (3) (c) 9., and 450.075
9(3) (c) 9.,
the department or a credentialing board may not require that an applicant
10for a credential or a credential holder be fingerprinted or submit fingerprints in
11connection with the department's or the credentialing board's credentialing.
AB31,73 12Section 73 . 450.01 (11m) of the statutes is amended to read:
AB31,35,1513 450.01 (11m) “Facility" means a location where a wholesale distributor or
143rd-party logistics provider
stores, distributes, handles, repackages, or offers for
15sale
other services related to prescription drugs.
AB31,74 16Section 74 . 450.01 (13w) of the statutes is created to read:
AB31,35,2217 450.01 (13w) “Out-of-state 3rd-party logistics provider” means a person
18located outside this state that contracts with a prescription drug manufacturer to
19provide or coordinate warehousing, distribution, or other services within this state
20on behalf of the manufacturer but that does not take title to the manufacturer's
21prescription drug or have general responsibility to direct the prescription drug's sale
22or disposition.
AB31,75 23Section 75 . 450.01 (21s) of the statutes is amended to read:
AB31,36,324 450.01 (21s)Third party Third-party logistics provider" means a person that
25contracts with a prescription drug manufacturer to provide or coordinate

1warehousing, distribution, or other services on behalf of the manufacturer but that
2does not take title to the manufacturer's prescription drug or have general
3responsibility to direct the prescription drug's sale or disposition.
AB31,76 4Section 76 . 450.01 (23) (p) of the statutes is created to read:
AB31,36,65 450.01 (23) (p) The services of a 3rd-party logistics provider or out-of-state
63rd-party logistics provider.
AB31,77 7Section 77 . 450.02 (1) of the statutes is amended to read:
AB31,36,138 450.02 (1) The department shall keep a record of the proceedings and a register
9of the names and places of practice or business of pharmacies, manufacturers,
10wholesale distributors, 3rd-party logistics providers, out-of-state 3rd-party
11logistics providers,
and other persons licensed under this chapter, and the books,
12registers and records of the department shall be prima facie evidence of the matters
13recorded.
AB31,78 14Section 78 . 450.075 of the statutes is created to read:
AB31,36,20 15450.075 Third-party logistics providers; licensure. (1) License allowed.
16A person acting as a 3rd-party logistics provider or an out-of-state 3rd-party
17logistics provider of any drug or device may apply to obtain a license from the board
18under this section. Where operations are conducted at more than one facility, a
19person acting as a 3rd-party logistics provider or out-of-state 3rd-party logistics
20provider may apply to obtain a license from the board for each such facility.
AB31,36,23 21(2) Application. An applicant for a license under this section shall submit a
22form provided by the board showing all of the following and swear or affirm the
23truthfulness of each item in the application:
AB31,36,2424 (a) The name, business address, and telephone number of the applicant.
AB31,36,2525 (b) All trade or business names used by the applicant.
AB31,37,3
1(c) Names, addresses, and telephone numbers of contact persons for all
2facilities used by the applicant for the warehousing, distribution, or other services
3on behalf of the manufacturer of prescription drugs.
AB31,37,44 (d) The type of ownership or operation for the applicant's business.
AB31,37,65 (e) If the applicant's 3rd-party logistics provider business is a partnership, the
6name of each partner and the name of the partnership.
AB31,37,97 (f) If the applicant's 3rd-party logistics provider business is a corporation, the
8name of each corporate officer and director, the name of the corporation, and the state
9of incorporation.
AB31,37,1110 (g) If the applicant's 3rd-party logistics provider business is a sole
11proprietorship, the name of the sole proprietor and the name of the business entity.
AB31,37,1312 (h) A list of all licenses and permits issued to the applicant by any other state
13that authorizes the applicant to warehouse or distribute prescription drugs.
AB31,37,1414 (i) The name, address, and telephone number of a designated representative.
AB31,37,1615 (j) For the person identified as the designated representative in par. (i), a
16personal information statement that contains all of the following:
AB31,37,1717 1. The person's date and place of birth.
AB31,37,1918 2. The person's place of residence for the 7-year period immediately preceding
19the date of the application.
AB31,37,2120 3. The person's occupations, positions of employment, and offices held during
21the 7-year period immediately preceding the date of the application.
AB31,37,2322 4. The name and addresses for each business, corporation, or other entity listed
23in subd. 3.
AB31,38,224 5. A statement indicating whether the person has been, during the 7-year
25period immediately preceding the date of the application, the subject of any

1proceeding for the revocation of any business or professional license and the
2disposition of the proceeding.
AB31,38,73 6. A statement indicating whether the person has been, during the 7-year
4period immediately preceding the date of the application, enjoined by a court, either
5temporarily or permanently, from possessing, controlling, or distributing any
6prescription drug, and a description of the circumstances surrounding the
7injunction.
AB31,38,128 7. A description of any involvement by the person during the past 7 years with
9any business, including investments other than the ownership of stock in a publicly
10traded company or mutual fund, that manufactured, administered, prescribed,
11distributed, or stored pharmaceutical products or drugs, and a list of any lawsuits
12in which such a business was named as a party.
AB31,38,1813 8. A description of any misdemeanor or felony criminal offense of which the
14person was, as an adult, found guilty, whether adjudication of guilt was withheld or
15the person pleaded guilty or no contest. If the person is appealing a criminal
16conviction, the application shall include a copy of the notice of appeal, and the person
17shall submit a copy of the final disposition of the appeal not more than 15 days after
18a final disposition is reached.
AB31,38,2019 9. A photograph of the person taken within the 12-month period immediately
20preceding the date of the application.
AB31,38,2521 (k) A statement that each facility used by the applicant for 3rd-party logistics
22provider services has been inspected in the 3-year period immediately preceding the
23date of the application by the board, a pharmacy examining board of another state,
24the National Association of Boards of Pharmacy, or another accrediting body
25recognized by the board, with the date of each such inspection.
AB31,39,3
1(3) Licensure. The board shall grant a license to an applicant to act as a
23rd-party logistics provider or an out-of-state 3rd-party logistics provider if all of
3the following apply:
AB31,39,44 (a) The applicant pays the fee specified in s. 440.05 (1).
AB31,39,75 (b) The inspections conducted pursuant to sub. (2) (k) satisfy requirements
6adopted by the board for 3rd-party logistics providers or out-of-state 3rd-party
7logistics providers.
AB31,39,98 (c) All of the following apply to each person identified by the applicant as a
9designated representative:
AB31,39,1010 1. The person is at least 21 years old.
AB31,39,1311 2. The person has been employed full time for at least 3 years in a pharmacy
12or with a wholesale prescription drug distributor in a capacity related to the
13dispensing of and distribution of, and record keeping related to, prescription drugs.
AB31,39,1414 3. The person is employed by the applicant full time in a managerial position.
AB31,39,2015 4. The person is physically present at the 3rd-party logistics provider's or
16out-of-state 3rd-party logistics provider's facility during regular business hours
17and is involved in and aware of the daily operation of the 3rd-party logistics provider
18or the out-of-state 3rd-party logistics provider. This subdivision does not preclude
19the person from taking authorized sick leave and vacation time or from being absent
20from the facility for other authorized business or personal purposes.
AB31,39,2221 5. The person is actively involved in and aware of the daily operation of the
223rd-party logistics provider or the out-of-state 3rd-party logistics provider.
AB31,40,223 6. The person is a designated representative for only one applicant at any given
24time. This subdivision does not apply if more than one 3rd-party logistics provider
25or out-of-state 3rd-party logistics provider is located at the facility and the

13rd-party logistics providers or out-of-state 3rd-party logistics providers located at
2the facility are members of an affiliated group.
AB31,40,43 7. The person has not been convicted of violating any federal, state, or local law
4relating to distribution of a controlled substance.
AB31,40,55 8. The person has not been convicted of a felony.
AB31,40,106 9. The person submits to the department 2 fingerprint cards, each bearing a
7complete set of the applicant's fingerprints. The department of justice shall provide
8for the submission of the fingerprint cards to the federal bureau of investigation for
9purposes of verifying the identity of the person and obtaining the person's criminal
10arrest and conviction record.
AB31,40,1211 (d) The applicant satisfies any other requirements established by the board by
12rule.
AB31,40,18 13(4) Rules. The board shall promulgate rules implementing this section. The
14rules shall ensure compliance with the federal drug supply chain security act, 21
15USC 360eee
, et seq. The board may not promulgate rules that impose requirements
16more strict than the federal drug supply chain security act, or any regulations passed
17under the federal drug supply chain security act. The board may not promulgate
18rules that require a license under this section.
AB31,40,22 19(5) Access to records. Applications for licensure under this section are not
20subject to inspection or copying under s. 19.35, and may not be disclosed to any
21person except as necessary for compliance with and enforcement of the provisions of
22this chapter.
AB31,41,2 23(6) Applicability. This section does not apply if the board determines that the
24federal food and drug administration has established a licensing program for
253rd-party logistics providers under 21 USC 360eee-3 and that licensing by this state

1of resident 3rd-party logistics providers is not required for a resident 3rd-party
2logistics provider to provide 3rd-party logistics provider services in another state.
AB31,79 3Section 79 . 450.11 (5) (br) 2. d. of the statutes is amended to read:
AB31,41,64 450.11 (5) (br) 2. d. A pharmacist may not extend a prescription order under
5subd. 1. for a particular patient if a prescription order was previously extended under
6subd. 1. for that patient during the applicable period described in subd. 3.
AB31,80 7Section 80 . 450.11 (5) (br) 3. of the statutes is renumbered 450.11 (5) (br) 3.
8(intro.) and amended to read:
AB31,41,99 450.11 (5) (br) 3. (intro.) This paragraph applies only during as follows:
AB31,41,12 10a. During the public health emergency declared on March 12, 2020, by
11executive order 72, and for 30 days after the conclusion of that public health
12emergency. During that time,
AB31,41,14 134. While this paragraph applies as specified in subd. 3., it supersedes par. (bm)
14to the extent of any conflict.
AB31,81 15Section 81 . 450.11 (5) (br) 3. b. of the statutes is created to read:
AB31,41,1716 450.11 (5) (br) 3. b. During the period beginning on the effective date of this
17subd. 3. b. .... [LRB inserts date], and ending on December 31, 2021.
AB31,82 18Section 82 . 609.205 (2) and (3) (intro.) and (a) of the statutes are amended to
19read:
AB31,41,2320 609.205 (2) All of the following apply to a defined network plan or preferred
21provider plan during the state of emergency related to public health declared under
22s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the
23date that the state of emergency terminates
before January 1, 2022:
AB31,42,624 (a) The plan may not require an enrollee to pay, including cost sharing, for a
25service, treatment, or supply provided by a provider that is not a participating

1provider in the plan's network of providers more than the enrollee would pay if the
2service, treatment, or supply is provided by a provider that is a participating
3provider. This subsection applies to any service, treatment, or supply that is related
4to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that
5is provided by a provider that is not a participating provider because a participating
6provider is unavailable due to the public health emergency COVID-19 pandemic.
AB31,42,117 (b) The plan shall reimburse a provider that is not a participating provider for
8a service, treatment, or supply provided under the circumstances described under
9par. (a) at 225 250 percent of the rate the federal Medicare program reimburses the
10provider for the same or a similar service, treatment, or supply in the same
11geographic area.
AB31,42,17 12(3) (intro.) During the state of emergency related to public health declared
13under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days
14following the date that the state of emergency terminates
Before January 1, 2022,
15all of the following apply to any health care provider or health care facility that
16provides a service, treatment, or supply to an enrollee of a defined network plan or
17preferred provider plan but is not a participating provider of that plan:
AB31,42,2118 (a) The health care provider or facility shall accept as payment in full any
19payment by a defined network plan or preferred provider plan that is at least 225 250
20percent of the rate the federal Medicare program reimburses the provider for the
21same or a similar service, treatment, or supply in the same geographic area.
AB31,83 22Section 83 . 609.719 of the statutes is created to read:
AB31,42,24 23609.719 Telehealth services. Limited service health organizations,
24preferred provider plans, and defined network plans are subject to s. 632.871.
AB31,84 25Section 84 . 609.887 of the statutes is created to read:
AB31,43,3
1609.887 Coverage of COVID-19 for health care workers. Defined
2network plans, preferred provider plans, and limited service health organizations
3are subject to s. 632.895 (14f).
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