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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 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 (11o), 450.01 (21c), 450.02 (5),
4450.03 (1) (L) and 450.09 (2) (b) of the statutes; relating to: licensing and
5regulation of pharmacies and remote dispensing sites under the pharmacy
6practice law, the practice of pharmacy, extending the time limit for emergency
7rule procedures, providing an exemption from rule-making procedures, and
8granting 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 1Section 1. 450.01 (11o) of the statutes is created to read:
SB308,2,52 450.01 (11o) “Free and charitable clinics” means health care organizations
3that use a volunteer and staff model to provide health services to uninsured,
4underinsured, underserved, economically and socially disadvantaged, and
5vulnerable populations and that meet all of the following criteria:
SB308,2,76 (a) The organizations are nonprofit and tax exempt or are a part of a larger
7nonprofit, tax-exempt organization.
SB308,2,88 (b) The organizations are located in this state or serve residents in this state.
SB308,2,119 (c) The organizations restrict eligibility to receive services to individuals who
10are uninsured, underinsured, or have limited or no access to primary, specialty, or
11prescription care.
SB308,2,1212 (d) The organizations provide one or more of the following services:
SB308,2,1313 1. Medical care.
SB308,2,1414 2. Mental health care.
SB308,3,1
13. Dental care.
SB308,3,22 4. Prescription medications.
SB308,3,53 (e) The organizations use volunteer health care professionals, nonclinical
4volunteers, and partnerships with other health care providers to provide the services
5under par. (d).
SB308,3,96(f) The organizations are not federally qualified health centers as defined in 42
7USC 1396d
(l) (2) and do not receive reimbursement from the federal centers for
8medicare and medicaid services under a federally qualified health center payment
9methodology.
SB308,2 10Section 2. 450.01 (21c) of the statutes is created to read:
SB308,3,1211 450.01 (21c) “Remote dispensing site” means a pharmacy governed by s. 450.09
12(2) (b) 2.
SB308,3 13Section 3. 450.02 (5) of the statutes is created to read:
SB308,3,1714 450.02 (5) The board may promulgate rules governing pharmacies that are
15operated as remote dispensing sites. Rules promulgated under this subsection may
16exempt pharmacies operated as remote dispensing sites from requirements
17governing pharmacies that are not operated as remote dispensing sites.
SB308,4 18Section 4. 450.03 (1) (L) of the statutes is created to read:
SB308,3,2019 450.03 (1) (L) A person who is providing services as directed, supervised, and
20inspected by a person described in par. (e) in any of the following settings:
SB308,3,2221 1. A narcotic treatment service for opiate addiction, as defined in s. 51.4224 (1)
22(a).
SB308,3,2323 2. A free and charitable clinic.
SB308,5 24Section 5. 450.06 (1) of the statutes is amended to read:
SB308,4,7
1450.06 (1) Except as provided in s. 450.062, no No pharmacist or person
2engaged in the practice of pharmacy under s. 450.03 (1) (f), (g), or (i)
may dispense
3at any location in this state that is not licensed as a pharmacy by the board. No
4person in this state may use or display the title “pharmacy," “drugstore,"
5“apothecary," or any other title, symbol, or insignia having the same or similar
6meanings, except for a place of practice which is licensed under this section as a
7pharmacy by the board.
SB308,6 8Section 6. 450.06 (2) (b) of the statutes is amended to read:
SB308,4,109 450.06 (2) (b) The location of the pharmacy is inspected in a manner approved
10by the board
and found to meet all the requirements of this chapter.
SB308,7 11Section 7. 450.06 (2m) of the statutes is amended to read:
SB308,4,1312 450.06 (2m) The board may request, but may not require, that practice-related
13information be submitted on the application under sub. (2) (a).
SB308,8 14Section 8. 450.062 (intro.) of the statutes is repealed.
SB308,9 15Section 9. 450.062 (1) to (4) of the statutes are renumbered 450.09 (2) (b) 1.
16a. to d.
SB308,10 17Section 10. 450.09 (1) (a) of the statutes is amended to read:
SB308,5,318 450.09 (1) (a) Every pharmacy shall be under the control of the managing
19pharmacist who signed the pharmacy license application, the most recent license
20renewal application or the most recent amended schedule of operations. The
21managing pharmacist shall be responsible for the professional operations of the
22pharmacy. A pharmacist may be the managing pharmacist of not more than one
23community and one institutional pharmacy at any time and shall be engaged in the
24practice of pharmacy at each location he or she supervises. The board shall by rule
25define community pharmacy and institutional pharmacy for the purposes of this

1section, but a pharmacy that is operated exclusively as a remote dispensing site shall
2not be considered a community pharmacy or institutional pharmacy for the purposes
3of this paragraph
.
SB308,11 4Section 11 . 450.09 (2) (title) of the statutes is amended to read:
SB308,5,55 450.09 (2) (title) Presence of Supervision by pharmacist.
SB308,12 6Section 12 . 450.09 (2) of the statutes is renumbered 450.09 (2) (a) and
7amended to read:
SB308,5,108 450.09 (2) (a) No pharmaceutical service may be provided to any person unless
9a pharmacist is present in the pharmacy to provide or supervise the service, except
10as provided in par. (b)
.
SB308,13 11Section 13 . 450.09 (2) (b) of the statutes is created to read:
SB308,5,1312 450.09 (2) (b) 1. A pharmacist is not required to be present in a pharmacy if the
13pharmacy is any of the following locations:
SB308,5,1514 2. Whenever a pharmacist is not present at the pharmacy when allowed under
15subd. 1., all of the following shall apply:
SB308,5,1716 a. The pharmacy shall be considered a remote dispensing site and shall be
17subject to and governed by any rules promulgated under s. 450.02 (5).
SB308,5,1918 b. A pharmacist shall remotely supervise the pharmaceutical services
19provided, consistent with any rules promulgated under s. 450.02 (5).
SB308,14 20Section 14 . Nonstatutory provisions.
SB308,6,421 (1) The pharmacy examining board may promulgate emergency rules under s.
22227.24 necessary to implement this act. Notwithstanding s. 227.24 (1) (c) and (2),
23emergency rules promulgated under this subsection remain in effect until May 1,
242024, or the date on which permanent rules take effect, whichever is sooner.
25Notwithstanding s. 227.24 (1) (a) and (3), the examining board is not required to

1provide evidence that promulgating a rule under this subsection as an emergency
2rule is necessary for the preservation of the public peace, health, safety, or welfare
3and is not required to provide a finding of emergency for a rule promulgated under
4this subsection.
SB308,15 5Section 15. Effective dates. This act takes effect on the first day of the 7th
6month beginning after publication, except as follows:
SB308,6,77 (1) Section 14 (1 ) of this act takes effect on the day after publication.
SB308,6,88 (End)
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