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22(4) “Brand name drug” means a drug that is produced or distributed in
23accordance with an original new drug application approved under
21 USC 355 (c),
24other than an authorized generic drug, as defined in
42 CFR 447.502.
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1(5) “Drug product” means a brand name drug, a generic drug, a biologic, a
2biosimilar, or an over-the-counter drug.
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3(6) “Financial benefit” includes an honoraria, fee, stock, the value of the stock
4holdings of a member of the board or any immediate family member, as defined in
5s. 97.605 (4) (a) 2., and any direct financial benefit deriving from the finding of a
6review conducted under s. 601.79.
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7(7) “Generic drug” means any of the following:
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(a) A retail drug that is marketed or distributed in accordance with an
9abbreviated new drug application approved under
21 USC 355 (j).
AB544,5,1010(b) An authorized generic drug, as defined in
42 CFR 447.502.
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(c) A drug that entered the market prior to 1962 and was not originally
12marketed under a new drug application.
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13(8) “Manufacturer” means an entity that does all of the following:
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(a) Engages in the manufacture of a drug product or enters into a lease with
15another manufacturer to market and distribute a prescription drug product under
16the entity's own name.
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(b) Sets or changes the wholesale acquisition cost of the drug product or
18prescription drug product described in par. (a).
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19(9) “Over-the-counter drug” means a drug intended for human use that does
20not require a prescription and meets the requirements of 21CFR parts 328 to 364.
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21(10) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
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22(11) “Prescription drug product” means a brand name drug, a generic drug, a
23biologic, or a biosimilar.
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24601.785 Prescription drug affordability review board. (1) Mission. The
25purpose of the board is to protect state residents, the state, local governments, health
1plans, health care providers, pharmacies licensed in this state, and other
2stakeholders of the health care system in this state from the high costs of prescription
3drug products.
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4(2) Powers and duties. (a) The board shall do all of the following:
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1. Meet in open session at least 4 times per year to review prescription drug
6product pricing information, except that the chair may cancel or postpone a meeting
7if there is no business to transact.
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2. To the extent practicable, access and assess pricing information for
9prescription drug products by doing all of the following:
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a. Accessing and assessing information from other states by entering into
11memoranda of understanding with other states to which manufacturers report
12pricing information.
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b. Assessing spending for specific prescription drug products in this state.
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c. Accessing other available pricing information.
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(b) The board may:
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1. Promulgate rules for the administration of this subchapter.
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2. Enter into a contract with an independent 3rd party for any service
18necessary to carry out the powers and duties of the board. Unless written permission
19is granted by the board, any person with whom the board contracts may not release,
20publish, or otherwise use any information to which the person has access under the
21contract.
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22(3) Meeting requirements. (a) Pursuant to s. 19.84, the board shall provide
23public notice of each board meeting at least 2 weeks prior to the meeting and shall
24make the materials for each meeting publicly available at least one week prior to the
25meeting.
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1(b) Notwithstanding s. 19.84 (2), the board shall provide an opportunity for
2public comment at each open meeting and shall provide the public with the
3opportunity to provide written comments on pending decisions of the board.
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(c) Notwithstanding subch. V of ch. 19, any portion of a meeting of the board
5concerning proprietary data and information shall be conducted in closed session
6and shall in all respects remain confidential.
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(d) The board may allow expert testimony at any meeting, including when the
8board meets in closed session.
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9(4) Conflicts of interest. (a) A member of the board shall recuse himself or
10herself from a decision by the board relating to a prescription drug product if the
11member or an immediate family member, as defined in s. 97.605 (4) (a) 2., has
12received or could receive any of the following:
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1. A direct financial benefit deriving from a determination, or a finding of a
14study or review, by the board relating to the prescription drug product.