AB532: Bill Text

LRB-3054/4

PJH&CTS:lmk:ch

2005 - 2006 LEGISLATURE

2005 Assembly BILL 532

June 28, 2005 - Introduced by Representatives Sinicki, Shilling, Pope-Roberts, Berceau, Black, Sherman, Grigsby, Benedict, Sheridan, Travis, Parisi, Pocan, Boyle, Seidel, Lehman, Zepnick, Turner, Kessler, Wasserman, Vruwink, Fields, Young, Richards, Schneider, Toles, Hebl and Nelson, cosponsored by Senators Robson, Jauch, Carpenter, Wirch, Risser, Taylor, Miller, Erpenbach and Coggs. Referred to Committee on Health.

AB532,1,4 An Act to amend 20.927 (1g), 40.98 (1) (ag), 40.98 (1) (g), 48.375 (2) (a), 69.01 (13m), 253.10 (2) (a) and 939.75 (2) (a); and to create 450.09 (2m) of the statutes; relating to: pharmacists, contraceptives, and the definition of abortion.

Analysis by the Legislative Reference Bureau

Under current law, pharmacists licensed in the state are held to certain practice standards, and any pharmacist who fails to meet the practice standards may be required to forfeit not less than $25 nor more than $50 for each offense, and may be subject to disciplinary action. Disciplinary action may include a reprimand, denial, limitation, suspension or revocation of the pharmacist's license, and a forfeiture of not more than $1000 for each offense.

This bill requires all pharmacists licensed in the state to administer, distribute, and dispense all contraceptives that are approved by the federal Food and Drug Administration (FDA), unless the contraceptive is contraindicated for a particular patient, and the bill defines "abortion" to exclude any form of birth control that is approved by the FDA.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB532, s. 1 Section 1. 20.927 (1g) of the statutes is amended to read:

AB532,2,5 20.927 (1g) In this section, "abortion" means the intentional destruction of the life of an unborn child, and "unborn child" means a human being from the time of conception until it is born alive an embryo or fetus, but does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532, s. 2 Section 2. 40.98 (1) (ag) of the statutes is amended to read:

AB532,2,13 40.98 (1) (ag) "Abortion" means the use of an instrument, medicine, drug or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant or for whom there is reason to believe that she may be pregnant and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus. "Abortion " does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532, s. 3 Section 3. 40.98 (1) (g) of the statutes is amended to read:

AB532,2,18 40.98 (1) (g) "Nontherapeutic abortion" means an abortion that is not directly and medically necessary to prevent the death of the woman, but does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532, s. 4 Section 4. 48.375 (2) (a) of the statutes is amended to read:

AB532,3,2 48.375 (2) (a) "Abortion" means the use of any instrument, medicine, drug or any other substance or device with intent to terminate the pregnancy of a minor after implantation of a fertilized human ovum and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus. "Abortion " does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532, s. 5 Section 5. 69.01 (13m) of the statutes is amended to read:

AB532,3,8 69.01 (13m) "Induced abortion" means the termination of a uterine pregnancy by a physician of a woman known by the physician to be pregnant, for a purpose other than to produce a live birth or to remove a dead fetus, but does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532, s. 6 Section 6. 253.10 (2) (a) of the statutes is amended to read:

AB532,3,16 253.10 (2) (a) "Abortion" means the use of an instrument, medicine, drug or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant or for whom there is reason to believe that she may be pregnant and with intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus. "Abortion " does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532, s. 7 Section 7. 450.09 (2m) of the statutes is created to read:

AB532,3,20 450.09 (2m) Patients' rights. Every pharmacist has a duty to administer, distribute, and dispense all federal-food-and-drug-administration-approved contraceptives, unless contraindicated for a particular patient.

AB532, s. 8 Section 8. 939.75 (2) (a) of the statutes is amended to read:

AB532,4,3 939.75 (2) (a) In this subsection, "induced abortion" means the use of any instrument, medicine, drug or other substance or device in a medical procedure with the intent to terminate the pregnancy of a woman and with an intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus, but does not include the use, administration, delivery, prescribing, or dispensing of any federal-food-and-drug-administration-approved contraceptive.

AB532,4,4 (End)