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15(2) Application of discounts. A disability insurance policy that offers a
16prescription drug benefit or a self-insured health plan shall apply to any calculation
17of an out-of-pocket maximum and to any deductible of the policy or plan for an
18enrollee the amount that any discount provided by the manufacturer of a brand
19name drug reduces the cost sharing amount charged to an enrollee for that brand
20name drug.
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21Section 2957
. 632.863 of the statutes is created to read:
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22632.863 Pharmaceutical representatives. (1) Definitions. In this section:
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(a) “Health care professional” means a physician or other health care
24practitioner who is licensed to provide health care services or to prescribe
25pharmaceutical or biologic products.
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1(b) “Pharmaceutical” means a medication that may legally be dispensed only
2with a valid prescription from a health care professional.
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(c) “Pharmaceutical representative” means an individual who markets or
4promotes pharmaceuticals to health care professionals on behalf of a pharmaceutical
5manufacturer for compensation.
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(d) “Wholesale acquisition cost” means the most recently reported
7manufacturer list or catalog price for a brand-name drug or generic drug available
8to wholesalers or direct purchasers in the United States, before application of
9discounts, rebates, or reductions in price.
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10(2) Licensure. (a) No individual may act as a pharmaceutical representative
11in this state without obtaining a pharmaceutical representative license. In order to
12obtain a license, an individual shall apply to the commissioner, on a form prescribed
13by the commissioner. A license issued under this paragraph shall be renewed on an
14annual basis. The application to obtain or renew a license shall include all of the
15following information:
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1. The applicant's full name, residence address and telephone number, and
17business address and telephone number.
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2. A description of the type of work in which the applicant will engage.
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3. The fee under s. 601.31 (1) (nv).
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4. An attestation that the applicant meets the professional education
21requirements under sub. (3).
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5. Proof that the applicant has paid any assessed penalties and fees.
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6. Any other information required by the commissioner.
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(b) The pharmaceutical representative shall report, in writing, to the
25commissioner any change to the information submitted on the application under par.
1(a) or any material change to the pharmaceutical representative's business
2operations or to any information provided under this section. The report shall be
3made no later than 4 business days after the change or material change occurs.
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(c) A pharmaceutical representative shall display his or her license during each
5visit with a health care professional.
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6(3) Professional education requirements. (a) In order to become initially
7licensed under sub. (2) (a), a pharmaceutical representative shall complete a
8professional education course as determined by the commissioner. A pharmaceutical
9representative shall, upon request, provide the commissioner with proof of the
10coursework's completion.
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(b) In order to renew a license under sub. (2) (a), a pharmaceutical
12representative shall complete a minimum of 5 hours of continuing professional
13education courses. A pharmaceutical representative shall, upon request, provide the
14commissioner with proof of the coursework's completion.
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(c) The professional education coursework required under pars. (a) and (b) shall
16include training in ethical standards, whistleblower protections, laws and rules
17applicable to pharmaceutical marketing, and other areas that the commissioner may
18identify by rule.
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(d) The commissioner shall regularly designate courses that fulfill the
20requirements under this subsection and publish a list of the designated courses.
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(e) The professional education coursework required under this subsection may
22not be provided by the employer of a pharmaceutical representative or be funded, in
23any way, by the pharmaceutical industry or a 3rd party funded by the
24pharmaceutical industry. A provider of a course designated under par. (d) shall
25disclose any conflict of interest.
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1(4) Disclosure to commissioner. (a) No later than June 1 of each year, a
2pharmaceutical representative shall provide to the commissioner, in the manner
3prescribed by the commissioner, all of the following information from the previous
4calendar year:
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1. The total number of times the pharmaceutical representative contacted
6health care professionals in this state and the specialties of the health care
7professionals contacted.
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2. For each contact with a health care professional in this state, the location and
9duration of the contact, the pharmaceuticals for which the pharmaceutical
10representative provides information, and the value of any item, including a product
11sample, compensation, material, or gift, provided to the health care professional.
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(b) The commissioner shall publish the information provided under par. (a) on
13the commissioner's Internet site in a manner in which individual health care
14professionals are not identifiable by name or other identifiers.
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15(5) Disclosure to health care professionals. During each contact with a
16health care professional, a pharmaceutical representative shall disclose the
17wholesale acquisition cost of any pharmaceutical for which the pharmaceutical
18representative provides information and the names of at least 3 generic prescription
19drugs from the same therapeutic class, or if 3 are not available, as many as are
20available for prescriptive use.
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21(6) Ethical standards. The commissioner shall promulgate a rule that
22contains ethical standards for pharmaceutical representatives and shall publish the
23ethical standards on the commissioner's Internet site. In addition to the ethical
24standards contained in the rule, a pharmaceutical representative may not do any of
25the following:
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1(a) Engage in deceptive or misleading marketing of a pharmaceutical,
2including the knowing concealment, suppression, omission, misleading
3representation, or misstatement of a material fact.
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(b) Use a title or designation that could reasonably lead a licensed health care
5professional, or an employee or representative of a licensed health care professional,
6to believe that the pharmaceutical representative is licensed to practice medicine,
7nursing, dentistry, optometry, pharmacy, or other similar health occupation in this
8state unless the pharmaceutical representative holds a license to practice.