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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.
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(c) Attend a patient examination without the patient's consent.
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10(7) Enforcement. (a) Any individual violating this section shall be fined not
11less than $1,000 nor more than $3,000 for each offense. Each day the violation
12continues shall constitute a separate offense.
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(b) The commissioner may suspend or revoke the license of a pharmaceutical
14representative who violates this section. A suspended or revoked license may not be
15reinstated until all violations related to the suspension or revocation have been
16remedied and all assessed penalties and fees have been paid. An individual whose
17pharmaceutical representative license is revoked for any cause may not be issued a
18license under sub. (2) (a) until at least 2 years after the date of revocation.
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(c) A health care professional who meets with a pharmaceutical representative
20who does not display his or her license or share the information required under sub.
21(5) may report the pharmaceutical representative to the commissioner for further
22action.
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23(8) Rules. The commissioner may promulgate rules to implement this section.
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24Section
2958. 632.864 of the statutes is created to read:
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1632.864 Pharmacy services administrative organizations.
(1)
2Definitions. In this section:
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(a) “Administrative service” means any of the following:
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1. Assisting with claims.
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2. Assisting with audits.
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3. Providing centralized payment.