2019 - 2020 LEGISLATURE
June 13, 2019 - Introduced by Representatives Sargent, Kolste,
Anderson, Bowen, Brostoff, Considine, Gruszynski, Hesselbein, Hintz,
Ohnstad, Pope, Sinicki, Stubbs, Subeck, C. Taylor and Zamarripa,
cosponsored by Senators Risser, Larson, Smith and L. Taylor. Referred to
Committee on Health.
1An Act to amend
450.095 (title) and 450.095 (3); and to create
450.01 (16) (L), 2
450.095 (1) (ag) and (ar) and 450.095 (2m) of the statutes; relating to:
3permitting pharmacists to prescribe, administer, and dispense certain
4contraceptives, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill permits a pharmacist to prescribe and administer injectable hormonal
contraceptives and prescribe and dispense self-administered hormonal
contraceptives, subject to limitations described as follows.
The bill requires the Pharmacy Examining Board, after consultation with the
Medical Examining Board, the Board of Nursing, and the Department of Health
Services, and in consideration of guidelines established by the American College of
Obstetricians and Gynecologists, to promulgate rules to establish standard
procedures for the prescribing of contraceptives by pharmacists under the bill. The
rules must include certain requirements for pharmacists prescribing, dispensing,
and administering contraceptives, such as requiring a pharmacist to complete a
training course, requiring a referral to a health care provider following a
prescription, and requiring the contraceptive to be administered or dispensed as
soon as practicable after the pharmacist issues the prescription order. In addition,
the rules must prohibit a pharmacist from requiring a patient to schedule an
appointment with the pharmacist for the prescribing, administering, or dispensing
of a contraceptive and from prescribing, administering, and dispensing a
contraceptive to a patient who does not have evidence of a clinical visit for women's
health within the three years immediately following the initial prescription of a
contraceptive by a pharmacist to the patient. A pharmacist who prescribes,
administers, or dispenses contraceptives as permitted under the bill must comply
with those rules, as well as other rules promulgated by the Pharmacy Examining
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
450.01 (16) (L) of the statutes is created to read:
(L) Prescribing and administering injectable hormonal 3
contraceptives and prescribing and dispensing self-administered hormonal 4
contraceptives pursuant to s. 450.095 (2m).
450.095 (title) of the statutes is amended to read:
(title) Duty to dispense Prescribing, administering, and
7dispensing of contraceptives.
450.095 (1) (ag) and (ar) of the statutes are created to read:
(ag) “Injectable hormonal contraceptive” means a drug composed 10
of a hormone or a combination of hormones that is approved by the federal food and 11
drug administration to prevent pregnancy and that a health care practitioner 12
administers to the patient by injection.
(ar) “Self-administered hormonal contraceptive" means a drug composed of a 14
hormone or a combination of hormones that is approved by the federal food and drug 15
administration to prevent pregnancy and that the patient to whom the drug is 16
prescribed may self-administer. “Self-administered hormonal contraceptive” 17
includes hormonal contraceptive patches and hormonal contraceptive pills.
450.095 (2m) of the statutes is created to read:
(a) In accordance with rules promulgated by the board and 2
subject to s. 450.035, a pharmacist may prescribe and administer injectable 3
hormonal contraceptives and may prescribe and dispense self-administered 4
(b) 1. The board shall, after consultation with the medical examining board, the 6
board of nursing, and the department of health services, and in consideration of 7
guidelines established by the American College of Obstetricians and Gynecologists, 8
promulgate rules to establish standard procedures for the prescribing of injectable 9
hormonal contraceptives and self-administered hormonal contraceptives by 10
pharmacists under this subsection.
2. The rules promulgated under subd. 1. shall require a pharmacist to do all 12
of the following:
a. Complete a training program approved by the board that is related to 14
prescribing injectable hormonal contraceptives and self-administered hormonal 15
b. Provide a self-screening risk assessment tool that the patient must use prior 17
to the pharmacist's prescribing the injectable hormonal contraceptive or 18
self-administered hormonal contraceptive.
c. Refer the patient to the patient's primary care practitioner or women's health 20
care practitioner upon prescribing and administering the injectable hormonal 21
contraceptive or prescribing and dispensing the self-administered hormonal 22
d. Provide the patient with a written record of the injectable hormonal 24
contraceptive prescribed and administered or the self-administered hormonal
contraceptive prescribed and dispensed and advise the patient to consult with a 2
primary care practitioner or women's health care practitioner.
e. Administer the injectable hormonal contraceptive or dispense the 4
self-administered hormonal contraceptive to the patient as soon as practicable after 5
the pharmacist issues the prescription order.
3. The rules promulgated under subd. 1. shall prohibit a pharmacist from doing 7
any of the following:
a. Requiring a patient to schedule an appointment with the pharmacist for the 9
prescribing or administering of an injectable hormonal contraceptive or the 10
prescribing or dispensing of a self-administered hormonal contraceptive.
b. Prescribing and administering an injectable hormonal contraceptive or 12
prescribing and dispensing a self-administered hormonal contraceptive to a patient 13
who does not have evidence of a clinical visit for women's health within the 3 years 14
immediately following the initial prescription and administration of an injectable 15
hormonal contraceptive or the initial prescription and dispensing of a 16
self-administered hormonal contraceptive by a pharmacist to the patient.
450.095 (3) of the statutes is amended to read:
Any person who violates this section
or any rules promulgated
19under this section
may be required to forfeit not less than $250 nor more than $2,500 20
for each violation.