This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
The bill requires that, no later than June 1 of each year, a pharmaceutical
representative report to OCI his or her total number of contacts with health care
professionals in Wisconsin, the specialties of those health care professionals, the
location and duration of each contact, the pharmaceuticals discussed, and the value
of any item provided to a health care professional. The bill directs the commissioner
to publish the information on OCI's website, without identifying individual health
care professionals.
The bill requires that a pharmaceutical representative, during each contact
with a health care professional, disclose the wholesale acquisition cost of any
pharmaceuticals discussed and the names of at least three generic prescription
drugs from the same therapeutic class.
The bill directs the commissioner to promulgate ethical standards for
pharmaceutical representatives. Additionally, the bill prohibits a pharmaceutical
representative from engaging in deceptive or misleading marketing of a
pharmaceutical product; using a title or designation that could reasonably lead a
licensed health care professional, or an employee or representative of such a
professional, to believe that he or she is licensed to practice in a health occupation
unless he or she holds a license to practice; or attending an examination without the
patient's consent.
Under the bill, an individual violating any of these provisions is subject to a fine
and his or her license may be suspended or revoked. An individual whose license is
revoked must wait at least two years before applying for a new license.
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:
SB548,1 1Section 1. 601.31 (1) (nv) of the statutes is created to read:
SB548,2,32 601.31 (1) (nv) For issuing or renewing a license to a pharmaceutical
3representative under s. 632.863, an amount to be set by the commissioner by rule.
SB548,2 4Section 2. 632.863 of the statutes is created to read:
SB548,2,5 5632.863 Pharmaceutical representatives. (1) Definitions. In this section:
SB548,3,3
1(a) “Health care professional” means a physician or other health care
2practitioner who is licensed to provide health care services or to prescribe
3pharmaceutical or biologic products.
SB548,3,54 (b) “Pharmaceutical” means a medication that may legally be dispensed only
5with a valid prescription from a health care professional.
SB548,3,86 (c) “Pharmaceutical representative” means an individual who markets or
7promotes pharmaceuticals to health care professionals on behalf of a pharmaceutical
8manufacturer for compensation.
SB548,3,129 (d) “Wholesale acquisition cost” means the most recently reported
10manufacturer list or catalog price for a brand-name drug or generic drug available
11to wholesalers or direct purchasers in the United States, before application of
12discounts, rebates, or reductions in price.
SB548,3,18 13(2) Licensure. (a) No individual may act as a pharmaceutical representative
14in this state without obtaining a pharmaceutical representative license. In order to
15obtain a license, an individual shall apply to the commissioner, on a form prescribed
16by the commissioner. A license issued under this paragraph shall be renewed on an
17annual basis. The application to obtain or renew a license shall include all of the
18following information:
SB548,3,2019 1. The applicant's full name, residence address and telephone number, and
20business address and telephone number.
SB548,3,2121 2. A description of the type of work in which the applicant will engage.
SB548,3,2222 3. The fee under s. 601.31 (1) (nv).
SB548,3,2423 4. An attestation that the applicant meets the professional education
24requirements under sub. (3).
SB548,3,2525 5. Proof that the applicant has paid any assessed penalties and fees.
SB548,4,1
16. Any other information required by the commissioner.
SB548,4,62 (b) The pharmaceutical representative shall report, in writing, to the
3commissioner any change to the information submitted on the application under par.
4(a) or any material change to the pharmaceutical representative's business
5operations or to any information provided under this section. The report shall be
6made no later than 4 business days after the change or material change occurs.
SB548,4,87 (c) A pharmaceutical representative shall display his or her license during each
8visit with a health care professional.
SB548,4,13 9(3) Professional education requirements. (a) In order to become initially
10licensed under sub. (2) (a), a pharmaceutical representative shall complete a
11professional education course as determined by the commissioner. A pharmaceutical
12representative shall, upon request, provide the commissioner with proof of the
13coursework's completion.
SB548,4,1714 (b) In order to renew a license under sub. (2) (a), a pharmaceutical
15representative shall complete a minimum of 5 hours of continuing professional
16education courses. A pharmaceutical representative shall, upon request, provide the
17commissioner with proof of the coursework's completion.
SB548,4,2118 (c) The professional education coursework required under pars. (a) and (b) shall
19include training in ethical standards, whistleblower protections, laws and rules
20applicable to pharmaceutical marketing, and other areas that the commissioner may
21identify by rule.
SB548,4,2322 (d) The commissioner shall regularly designate courses that fulfill the
23requirements under this subsection and publish a list of the designated courses.
SB548,5,324 (e) The professional education coursework required under this subsection may
25not be provided by the employer of a pharmaceutical representative or be funded, in

1any way, by the pharmaceutical industry or a 3rd party funded by the
2pharmaceutical industry. A provider of a course designated under par. (d) shall
3disclose any conflict of interest.
SB548,5,7 4(4) Disclosure to commissioner. (a) No later than June 1 of each year, a
5pharmaceutical representative shall provide to the commissioner, in the manner
6prescribed by the commissioner, all of the following information from the previous
7calendar year:
SB548,5,108 1. The total number of times the pharmaceutical representative contacted
9health care professionals in this state and the specialties of the health care
10professionals contacted.
SB548,5,1411 2. For each contact with a health care professional in this state, the location and
12duration of the contact, the pharmaceuticals for which the pharmaceutical
13representative provides information, and the value of any item, including a product
14sample, compensation, material, or gift, provided to the health care professional.
SB548,5,1715 (b) The commissioner shall publish the information provided under par. (a) on
16the commissioner's Internet site in a manner in which individual health care
17professionals are not identifiable by name or other identifiers.
SB548,5,23 18(5) Disclosure to health care professionals. During each contact with a
19health care professional, a pharmaceutical representative shall disclose the
20wholesale acquisition cost of any pharmaceutical for which the pharmaceutical
21representative provides information and the names of at least 3 generic prescription
22drugs from the same therapeutic class, or if 3 are not available, as many as are
23available for prescriptive use.
SB548,6,3 24(6) Ethical standards. The commissioner shall promulgate a rule that
25contains ethical standards for pharmaceutical representatives and shall publish the

1ethical standards on the commissioner's Internet site. In addition to the ethical
2standards contained in the rule, a pharmaceutical representative may not do any of
3the following:
SB548,6,64 (a) Engage in deceptive or misleading marketing of a pharmaceutical,
5including the knowing concealment, suppression, omission, misleading
6representation, or misstatement of a material fact.
SB548,6,117 (b) Use a title or designation that could reasonably lead a licensed health care
8professional, or an employee or representative of a licensed health care professional,
9to believe that the pharmaceutical representative is licensed to practice medicine,
10nursing, dentistry, optometry, pharmacy, or other similar health occupation in this
11state unless the pharmaceutical representative holds a license to practice.
SB548,6,1212 (c) Attend a patient examination without the patient's consent.
SB548,6,15 13(7) Enforcement. (a) Any individual violating this section shall be fined not
14less than $1,000 nor more than $3,000 for each offense. Each day the violation
15continues shall constitute a separate offense.
SB548,6,2116 (b) The commissioner may suspend or revoke the license of a pharmaceutical
17representative who violates this section. A suspended or revoked license may not be
18reinstated until all violations related to the suspension or revocation have been
19remedied and all assessed penalties and fees have been paid. An individual whose
20pharmaceutical representative license is revoked for any cause may not be issued a
21license under sub. (2) (a) until at least 2 years after the date of revocation.
SB548,6,2522 (c) A health care professional who meets with a pharmaceutical representative
23who does not display his or her license or share the information required under sub.
24(5) may report the pharmaceutical representative to the commissioner for further
25action.
SB548,7,1
1(8) Rules. The commissioner may promulgate rules to implement this section.
SB548,7,22 (End)
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