LRB-1573/4
MDK:wlj:jf
2003 - 2004 LEGISLATURE
March 5, 2003 - Introduced by Senators S. Fitzgerald, Welch, Schultz, Robson,
Moore, Leibham, Carpenter, Lazich and Roessler, cosponsored by
Representatives J. Fitzgerald, Wasserman, Albers, Bies, Cullen, Berceau,
Gielow, Gottlieb, Hines, Gunderson, Van Roy, Pettis, Jeskewitz, Hahn,
Musser, Gronemus, M. Lehman, Loeffelholz, Olsen, Krawczyk, Suder,
Plouff, LeMahieu, Vrakas, Lassa, Young, Krug, Ziegelbauer and Van
Akkeren. Referred to Committee on Judiciary, Corrections and Privacy.
SB56,1,2
1An Act to create 450.09 (7m) of the statutes;
relating to: dispensing of returned
2prescription drugs by state prison pharmacies.
Analysis by the Legislative Reference Bureau
Under current law, the Pharmacy Examining Board (board) has promulgated
a rule regarding returning health items, including prescription drugs, to
pharmacies. The rule allows for the return of health items to an inpatient health care
facility, but only if the health items are in their original containers and the
pharmacist determines that the contents are not adulterated or misbranded. The
rule does not apply to prescription drugs that are controlled substances because
current federal law generally does not authorize the return of controlled substances
to a pharmacy. The rule defines "inpatient health care facility" as a hospital, nursing
home, county home, county mental hospital, tuberculosis sanitorium, or similar
facility. Certain facilities are excluded from the definition, including prison facilities.
Under this bill, prescription drugs may be returned to pharmacies that
primarily serve patients confined in state prisons. The bill specifies that a returned
prescription drug may be dispensed to any patient confined in any state prison. The
returned prescription drug may be dispensed only if it was never in the possession
of the patient to whom it was originally prescribed. In addition, the prescription drug
must be returned in its original container and a pharmacist must determine that it
has not been adulterated or misbranded. The bill does not affect the prohibition
under federal law against returning controlled substances.
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:
SB56, s. 1
1Section
1. 450.09 (7m) of the statutes is created to read:
SB56,2,42
450.09
(7m) State prisons. A prescription drug that is returned to a pharmacy
3that primarily serves patients confined in a state prison may be dispensed to any
4patient in any state prison, but only if all of the following are satisfied:
SB56,2,65
(a) The prescription drug was never in the possession of the patient to whom
6it was originally prescribed.
SB56,2,77
(b) The prescription drug is returned in its original container.
SB56,2,98
(c) A pharmacist determines that the prescription drug has not been
9adulterated or misbranded.
