SB308: Bill Text

2021 Senate BILL 308

April 21, 2021 - Introduced by Senators Feyen, Ballweg, Carpenter and Felzkowski, cosponsored by Representatives Murphy, Brandtjen, Gundrum, Horlacher, Milroy, Mursau, Novak, Tittl, Skowronski and Thiesfeldt. Referred to Committee on Health.

SB308,1,8 An Act to repeal 450.062 (intro.); to renumber 450.062 (1) to (4); to renumber and amend 450.09 (2); to amend 450.06 (1), 450.06 (2) (b), 450.06 (2m), 450.09 (1) (a) and 450.09 (2) (title); and to create 450.01 (11o), 450.01 (21c), 450.02 (5), 450.03 (1) (L) and 450.09 (2) (b) of the statutes; relating to: licensing and regulation of pharmacies and remote dispensing sites under the pharmacy practice law, the practice of pharmacy, extending the time limit for emergency rule procedures, providing an exemption from rule-making procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Generally, under current law, no pharmacist may dispense at any location in this state that is not licensed as a pharmacy by the Pharmacy Examining Board, except that a pharmacist may, pursuant to rules promulgated by the board, dispense at certain specifically identified types of locations that are not licensed as pharmacies, which include health care facilities, health care provider offices or clinics, and jails and other adult and juvenile correctional or residential facilities.

This bill provides instead that a pharmacist may dispense at one of those locations only if the location is licensed by the board as a pharmacy. The bill requires this kind of pharmacy to adhere to a number of requirements that apply to other pharmacies, including the requirement for a managing pharmacist to be designated for the pharmacy. However, the bill allows this kind of pharmacy to be operated as a remote dispensing site, in which case a pharmacist is not required to be present at the pharmacy but must supervise it remotely. The bill also allows the board to promulgate rules governing pharmacies operated as remote dispensing sites, which may exempt pharmacies operated as remote dispensing sites from rules that apply to other pharmacies.

This bill exempts a person who is providing services as directed, supervised, and inspected by certain medical professionals from the requirement to be licensed as a pharmacist by the board while the person is providing the services at a narcotic treatment service for opiate addiction or a free and charitable clinic, as defined in the bill.

For further information see the state and local 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:

SB308,1 Section 1. 450.01 (11o) of the statutes is created to read:

SB308,2,5 450.01 (11o) “Free and charitable clinics” means health care organizations that use a volunteer and staff model to provide health services to uninsured, underinsured, underserved, economically and socially disadvantaged, and vulnerable populations and that meet all of the following criteria:

SB308,2,7 (a) The organizations are nonprofit and tax exempt or are a part of a larger nonprofit, tax-exempt organization.

SB308,2,8 (b) The organizations are located in this state or serve residents in this state.

SB308,2,11 (c) The organizations restrict eligibility to receive services to individuals who are uninsured, underinsured, or have limited or no access to primary, specialty, or prescription care.

SB308,2,12 (d) The organizations provide one or more of the following services:

SB308,2,13 1. Medical care.

SB308,2,14 2. Mental health care.

SB308,3,1 3. Dental care.

SB308,3,2 4. Prescription medications.

SB308,3,5 (e) The organizations use volunteer health care professionals, nonclinical volunteers, and partnerships with other health care providers to provide the services under par. (d).

SB308,3,9 (f) The organizations are not federally qualified health centers as defined in 42 USC 1396d (l) (2) and do not receive reimbursement from the federal centers for medicare and medicaid services under a federally qualified health center payment methodology.

SB308,2 Section 2. 450.01 (21c) of the statutes is created to read:

SB308,3,12 450.01 (21c) “Remote dispensing site” means a pharmacy governed by s. 450.09 (2) (b) 2.

SB308,3 Section 3. 450.02 (5) of the statutes is created to read:

SB308,3,17 450.02 (5) The board may promulgate rules governing pharmacies that are operated as remote dispensing sites. Rules promulgated under this subsection may exempt pharmacies operated as remote dispensing sites from requirements governing pharmacies that are not operated as remote dispensing sites.

SB308,4 Section 4. 450.03 (1) (L) of the statutes is created to read:

SB308,3,20 450.03 (1) (L) A person who is providing services as directed, supervised, and inspected by a person described in par. (e) in any of the following settings:

SB308,3,22 1. A narcotic treatment service for opiate addiction, as defined in s. 51.4224 (1) (a).

SB308,3,23 2. A free and charitable clinic.

SB308,5 Section 5. 450.06 (1) of the statutes is amended to read:

SB308,4,7 450.06 (1) Except as provided in s. 450.062, no No pharmacist or person engaged in the practice of pharmacy under s. 450.03 (1) (f), (g), or (i) may dispense at any location in this state that is not licensed as a pharmacy by the board. No person in this state may use or display the title “pharmacy," “drugstore," “apothecary," or any other title, symbol, or insignia having the same or similar meanings, except for a place of practice which is licensed under this section as a pharmacy by the board.

SB308,6 Section 6. 450.06 (2) (b) of the statutes is amended to read:

SB308,4,10 450.06 (2) (b) The location of the pharmacy is inspected in a manner approved by the board and found to meet all the requirements of this chapter.

SB308,7 Section 7. 450.06 (2m) of the statutes is amended to read:

SB308,4,13 450.06 (2m) The board may request, but may not require, that practice-related information be submitted on the application under sub. (2) (a).

SB308,8 Section 8. 450.062 (intro.) of the statutes is repealed.

SB308,9 Section 9. 450.062 (1) to (4) of the statutes are renumbered 450.09 (2) (b) 1. a. to d.

SB308,10 Section 10. 450.09 (1) (a) of the statutes is amended to read:

SB308,5,3 450.09 (1) (a) Every pharmacy shall be under the control of the managing pharmacist who signed the pharmacy license application, the most recent license renewal application or the most recent amended schedule of operations. The managing pharmacist shall be responsible for the professional operations of the pharmacy. A pharmacist may be the managing pharmacist of not more than one community and one institutional pharmacy at any time and shall be engaged in the practice of pharmacy at each location he or she supervises. The board shall by rule define community pharmacy and institutional pharmacy for the purposes of this section, but a pharmacy that is operated exclusively as a remote dispensing site shall not be considered a community pharmacy or institutional pharmacy for the purposes of this paragraph.

SB308,11 Section 11 . 450.09 (2) (title) of the statutes is amended to read:

SB308,5,5 450.09 (2) (title) Presence of Supervision by pharmacist.

SB308,12 Section 12 . 450.09 (2) of the statutes is renumbered 450.09 (2) (a) and amended to read:

SB308,5,10 450.09 (2) (a) No pharmaceutical service may be provided to any person unless a pharmacist is present in the pharmacy to provide or supervise the service, except as provided in par. (b).

SB308,13 Section 13 . 450.09 (2) (b) of the statutes is created to read:

SB308,5,13 450.09 (2) (b) 1. A pharmacist is not required to be present in a pharmacy if the pharmacy is any of the following locations:

SB308,5,15 2. Whenever a pharmacist is not present at the pharmacy when allowed under subd. 1., all of the following shall apply:

SB308,5,17 a. The pharmacy shall be considered a remote dispensing site and shall be subject to and governed by any rules promulgated under s. 450.02 (5).

SB308,5,19 b. A pharmacist shall remotely supervise the pharmaceutical services provided, consistent with any rules promulgated under s. 450.02 (5).

SB308,14 Section 14 . Nonstatutory provisions.

SB308,6,4 (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, 2024, 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.

SB308,15 Section 15. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

SB308,6,7 (1) Section 14 (1 ) of this act takes effect on the day after publication.

SB308,6,8 (End)