AB31,38,25 (k) A statement that each facility used by the applicant for 3rd-party logistics provider services has been inspected in the 3-year period immediately preceding the date of the application by the board, a pharmacy examining board of another state, the National Association of Boards of Pharmacy, or another accrediting body recognized by the board, with the date of each such inspection.

AB31,39,3 (3) Licensure. The board shall grant a license to an applicant to act as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider if all of the following apply:

AB31,39,4 (a) The applicant pays the fee specified in s. 440.05 (1).

AB31,39,7 (b) The inspections conducted pursuant to sub. (2) (k) satisfy requirements adopted by the board for 3rd-party logistics providers or out-of-state 3rd-party logistics providers.

AB31,39,9 (c) All of the following apply to each person identified by the applicant as a designated representative:

AB31,39,10 1. The person is at least 21 years old.

AB31,39,13 2. The person has been employed full time for at least 3 years in a pharmacy or with a wholesale prescription drug distributor in a capacity related to the dispensing of and distribution of, and record keeping related to, prescription drugs.

AB31,39,14 3. The person is employed by the applicant full time in a managerial position.

AB31,39,20 4. The person is physically present at the 3rd-party logistics provider's or out-of-state 3rd-party logistics provider's facility during regular business hours and is involved in and aware of the daily operation of the 3rd-party logistics provider or the out-of-state 3rd-party logistics provider. This subdivision does not preclude the person from taking authorized sick leave and vacation time or from being absent from the facility for other authorized business or personal purposes.

AB31,39,22 5. The person is actively involved in and aware of the daily operation of the 3rd-party logistics provider or the out-of-state 3rd-party logistics provider.

AB31,40,2 6. The person is a designated representative for only one applicant at any given time. This subdivision does not apply if more than one 3rd-party logistics provider or out-of-state 3rd-party logistics provider is located at the facility and the 3rd-party logistics providers or out-of-state 3rd-party logistics providers located at the facility are members of an affiliated group.

AB31,40,4 7. The person has not been convicted of violating any federal, state, or local law relating to distribution of a controlled substance.

AB31,40,5 8. The person has not been convicted of a felony.

AB31,40,10 9. The person submits to the department 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints. The department of justice shall provide for the submission of the fingerprint cards to the federal bureau of investigation for purposes of verifying the identity of the person and obtaining the person's criminal arrest and conviction record.

AB31,40,12 (d) The applicant satisfies any other requirements established by the board by rule.

AB31,40,18 (4) Rules. The board shall promulgate rules implementing this section. The rules shall ensure compliance with the federal drug supply chain security act, 21 USC 360eee, et seq. The board may not promulgate rules that impose requirements more strict than the federal drug supply chain security act, or any regulations passed under the federal drug supply chain security act. The board may not promulgate rules that require a license under this section.

AB31,40,22 (5) Access to records. Applications for licensure under this section are not subject to inspection or copying under s. 19.35, and may not be disclosed to any person except as necessary for compliance with and enforcement of the provisions of this chapter.

AB31,41,2 (6) Applicability. This section does not apply if the board determines that the federal food and drug administration has established a licensing program for 3rd-party logistics providers under 21 USC 360eee-3 and that licensing by this state of resident 3rd-party logistics providers is not required for a resident 3rd-party logistics provider to provide 3rd-party logistics provider services in another state.

AB31,79 Section 79 . 450.11 (5) (br) 2. d. of the statutes is amended to read:

AB31,41,6 450.11 (5) (br) 2. d. A pharmacist may not extend a prescription order under subd. 1. for a particular patient if a prescription order was previously extended under subd. 1. for that patient during the applicable period described in subd. 3.

AB31,80 Section 80 . 450.11 (5) (br) 3. of the statutes is renumbered 450.11 (5) (br) 3. (intro.) and amended to read:

AB31,41,9 450.11 (5) (br) 3. (intro.) This paragraph applies only during as follows:

AB31,41,12 a. During the public health emergency declared on March 12, 2020, by executive order 72, and for 30 days after the conclusion of that public health emergency. During that time,

AB31,41,14 4. While this paragraph applies as specified in subd. 3., it supersedes par. (bm) to the extent of any conflict.

AB31,81 Section 81 . 450.11 (5) (br) 3. b. of the statutes is created to read:

AB31,41,17 450.11 (5) (br) 3. b. During the period beginning on the effective date of this subd. 3. b. .... [LRB inserts date], and ending on December 31, 2021.

AB31,82 Section 82 . 609.205 (2) and (3) (intro.) and (a) of the statutes are amended to read:

AB31,41,23 609.205 (2) All of the following apply to a defined network plan or preferred provider plan during the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the date that the state of emergency terminates before January 1, 2022:

AB31,42,6 (a) The plan may not require an enrollee to pay, including cost sharing, for a service, treatment, or supply provided by a provider that is not a participating provider in the plan's network of providers more than the enrollee would pay if the service, treatment, or supply is provided by a provider that is a participating provider. This subsection applies to any service, treatment, or supply that is related to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that is provided by a provider that is not a participating provider because a participating provider is unavailable due to the public health emergency COVID-19 pandemic.