AB68,1536,2019 (d) The commissioner shall regularly designate courses that fulfill the
20requirements under this subsection and publish a list of the designated courses.
AB68,1536,2521 (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.
AB68,1537,4
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:
AB68,1537,75 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.
AB68,1537,118 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.
AB68,1537,1412 (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.
AB68,1537,20 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.
AB68,1537,25 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:
AB68,1538,3
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.
AB68,1538,84 (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.
AB68,1538,99 (c) Attend a patient examination without the patient's consent.
AB68,1538,12 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.
AB68,1538,1813 (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.
AB68,1538,2219 (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.
AB68,1538,23 23(8) Rules. The commissioner may promulgate rules to implement this section.
AB68,2958 24Section 2958. 632.864 of the statutes is created to read:
AB68,1539,2
1632.864 Pharmacy services administrative organizations. (1)
2Definitions. In this section:
AB68,1539,33 (a) “Administrative service” means any of the following:
AB68,1539,44 1. Assisting with claims.
AB68,1539,55 2. Assisting with audits.
AB68,1539,66 3. Providing centralized payment.
AB68,1539,77 4. Performing certification in a specialized care program.
AB68,1539,88 5. Providing compliance support.
AB68,1539,99 6. Setting flat fees for generic drugs.
AB68,1539,1010 7. Assisting with store layout.
AB68,1539,1111 8. Managing inventory.
AB68,1539,1212 9. Providing marketing support.
AB68,1539,1313 10. Providing management and analysis of payment and drug dispensing data.
AB68,1539,1414 11. Providing resources for retail cash cards.