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LRB-5399/1
MED:cdc
2019 - 2020 LEGISLATURE
January 23, 2020 - Introduced by Representatives Murphy, Skowronski and
Milroy, cosponsored by Senators Feyen and Carpenter. Referred to
Committee on Health.
AB788,1,7 1An Act to repeal 450.062 (intro.); to renumber 450.062 (1) to (4); to renumber
2and amend
450.09 (2); to amend 450.06 (1), 450.06 (2) (b), 450.06 (2m), 450.09
3(1) (a) and 450.09 (2) (title); and to create 450.01 (21c), 450.02 (5) and 450.09
4(2) (b) of the statutes; relating to: licensing and regulation of pharmacies and
5remote dispensing sites under the pharmacy practice law, extending the time
6limit for emergency rule procedures, providing an exemption from rule-making
7procedures, 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 instead requires the aforementioned locations to be licensed by the
board as pharmacies. As such, the bill requires that they 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
pharmacies at any of those locations to be operated as remote dispensing sites, in

which case a pharmacist is not required to be present at the pharmacy, but in that
case a pharmacist must remotely supervise the pharmacy. Finally, the bill 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.
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:
AB788,1 1Section 1. 450.01 (21c) of the statutes is created to read:
AB788,2,32 450.01 (21c) “Remote dispensing site” means a pharmacy governed by s. 450.09
3(2) (b) 2.
AB788,2 4Section 2. 450.02 (5) of the statutes is created to read:
AB788,2,85 450.02 (5) The board may promulgate rules governing pharmacies that are
6operated as remote dispensing sites. Rules promulgated under this subsection may
7exempt pharmacies operated as remote dispensing sites from requirements
8governing pharmacies that are not operated as remote dispensing sites.
AB788,3 9Section 3. 450.06 (1) of the statutes is amended to read:
AB788,2,1610 450.06 (1) Except as provided in s. 450.062, no No pharmacist or person
11engaged in the practice of pharmacy under s. 450.03 (1) (f), (g), or (i)
may dispense
12at any location in this state that is not licensed as a pharmacy by the board. No
13person in this state may use or display the title “pharmacy," “drugstore,"
14“apothecary," or any other title, symbol, or insignia having the same or similar
15meanings, except for a place of practice which is licensed under this section as a
16pharmacy by the board.
AB788,4 17Section 4. 450.06 (2) (b) of the statutes is amended to read:
AB788,3,2
1450.06 (2) (b) The location of the pharmacy is inspected in a manner approved
2by the board
and found to meet all the requirements of this chapter.
AB788,5 3Section 5. 450.06 (2m) of the statutes is amended to read:
AB788,3,54 450.06 (2m) The board may request, but may not require, that practice-related
5information be submitted on the application under sub. (2) (a).
AB788,6 6Section 6. 450.062 (intro.) of the statutes is repealed.
AB788,7 7Section 7. 450.062 (1) to (4) of the statutes are renumbered 450.09 (2) (b) 1.
8a. to d.
AB788,8 9Section 8. 450.09 (1) (a) of the statutes is amended to read:
AB788,3,2010 450.09 (1) (a) Every pharmacy shall be under the control of the managing
11pharmacist who signed the pharmacy license application, the most recent license
12renewal application or the most recent amended schedule of operations. The
13managing pharmacist shall be responsible for the professional operations of the
14pharmacy. A pharmacist may be the managing pharmacist of not more than one
15community and one institutional pharmacy at any time and shall be engaged in the
16practice of pharmacy at each location he or she supervises. The board shall by rule
17define community pharmacy and institutional pharmacy for the purposes of this
18section, but a pharmacy that is operated exclusively as a remote dispensing site shall
19not be considered a community pharmacy or institutional pharmacy for the purposes
20of this paragraph
.
AB788,9 21Section 9 . 450.09 (2) (title) of the statutes is amended to read:
AB788,3,2222 450.09 (2) (title) Presence of Supervision by pharmacist.
AB788,10 23Section 10 . 450.09 (2) of the statutes is renumbered 450.09 (2) (a) and
24amended to read:
AB788,4,3
1450.09 (2) (a) No pharmaceutical service may be provided to any person unless
2a pharmacist is present in the pharmacy to provide or supervise the service, except
3as provided in par. (b)
.
AB788,11 4Section 11 . 450.09 (2) (b) of the statutes is created to read:
AB788,4,65 450.09 (2) (b) 1. A pharmacist is not required to be present in a pharmacy if the
6pharmacy is any of the following locations:
AB788,4,87 2. Whenever a pharmacist is not present at the pharmacy when allowed under
8subd. 1., all of the following shall apply:
AB788,4,109 a. The pharmacy shall be considered a remote dispensing site and shall be
10subject to and governed by any rules promulgated under s. 450.02 (5).
AB788,4,1211 b. A pharmacist shall, in accordance with any rules promulgated under s.
12450.02 (5), remotely supervise the pharmaceutical services provided.
AB788,12 13Section 12 . Nonstatutory provisions.
AB788,4,2214 (1) The pharmacy examining board may promulgate emergency rules under s.
15227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2),
16emergency rules promulgated under this subsection remain in effect until May 1,
172022, or the date on which permanent rules take effect, whichever is sooner.
18Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to
19provide evidence that promulgating a rule under this subsection as an emergency
20rule is necessary for the preservation of the public peace, health, safety, or welfare
21and is not required to provide a finding of emergency for a rule promulgated under
22this subsection.
AB788,5,223 (2) Sections Phar 6.04, 6.05, 6.06, 6.07, and 6.075, Wis. Adm. Code, do not apply
24to remote dispensing sites, as defined in s. 450.01 (21c), until the date that is 6

1months after the effective date of this subsection, except as the pharmacy examining
2board otherwise provides by rule.
AB788,13 3Section 13. Effective dates. This act takes effect on the first day of the 7th
4month beginning after publication, except as follows:
AB788,5,55 (1) Section 12 (1 ) of this act takes effect on the day after publication.
AB788,5,66 (End)
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