LRB-0674/1
CTS:lmk&jld:ch
2005 - 2006 LEGISLATURE
June 9, 2005 - Introduced by Representative Schneider. Referred to Committee
on Health.
AB467,1,3
1An Act to create 450.087 of the statutes;
relating to: gifts given or offered by
2prescription drug manufacturers and distributors to encourage practitioners to
3prescribe certain drugs and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any person who manufactures or distributes prescription
drugs (manufacturer) in this state from giving, or offering to give, anything of
monetary value to any practitioner to encourage the practitioner to issue
prescriptions for that manufacturer's drugs. Current law defines a practitioner to
mean any person who is licensed in this state to prescribe and administer drugs or
who is licensed in another state and recognized by this state as a person authorized
to prescribe and administer drugs. The prohibition created under the bill does not
apply to gifts given or offers made by a manufacturer to a practitioner who is a
relative of that manufacturer or to product samples given by a manufacturer to a
practitioner for delivery to a patient.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB467, s. 1
1Section
1. 450.087 of the statutes is created to read:
AB467,2,3
2450.087 Prohibited practices. (1) In this section, "relative" has the meaning
3given under s. 13.62 (12g).
AB467,2,7
4(2) (a)
Except as provided in par. (b), no manufacturer or distributor may give,
5or offer to give, anything of monetary value to any practitioner to encourage that
6practitioner to issue prescription orders for a drug manufactured or distributed by
7that manufacturer or distributor.
AB467,2,88
(b) Paragraph (a) does not apply to any of the following:
AB467,2,109
1. Gifts given or offers made by a manufacturer or distributor to a practitioner
10who is a relative of the manufacturer or distributor.
AB467,2,1211
2. Product samples given by a manufacturer or distributor to a practitioner for
12delivery to a patient.
AB467,2,15
13(3) Any person who violates sub. (2) shall be fined not more than $10,000 for
14each violation. Each act of giving or offering to give something of monetary value to
15a practitioner in violation of sub. (2) constitutes a separate offense.
