LRB-3225/2
PJH:cmh&kjf:rs
2005 - 2006 LEGISLATURE
October 26, 2005 - Introduced by Senators Olsen, Roessler, Grothman, Cowles
and A. Lasee, cosponsored by Representatives Hines, Petrowski, Gielow,
Jeskewitz, Hahn, Albers, Nass, Berceau, Lothian, Ott, Sheridan, Krawczyk,
Nerison, Musser, Bies, Townsend, Lehman, Owens, Gunderson and Shilling.
Referred to Committee on Health, Children, Families, Aging and Long Term
Care.
SB405,1,2
1An Act to create 450.02 (3m) of the statutes;
relating to: powers of the
2Pharmacy Examining Board during times of emergency or disaster.
Analysis by the Legislative Reference Bureau
Under current law, the Pharmacy Examining Board (board) enforces statutory
requirements and promulgates rules to regulate the practice of pharmacy. Also
under current law, the governor has the power to declare a state of emergency for the
state or any portion of the state if a public health emergency exists or if there is an
emergency resulting from enemy action or a natural or man-made disaster exists.
Unless the legislature passes a joint resolution to extend the duration of a state of
emergency, a state of emergency resulting from enemy action may not exceed 60 days
and an emergency resulting from natural or man-made emergency disaster may not
exceed 30 days.
Under this bill, the board may grant a variance to any statutory requirement
or rule regarding the practice of pharmacy if it determines that there is an
emergency, if a pharmacist requests the variance, and if the board determines that
the variance is necessary to protect public health, safety, and welfare. The variance
granted by the board may not exceed 90 days, unless the board decides that an
extension is necessary.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB405, s. 1
1Section
1. 450.02 (3m) of the statutes is created to read:
SB405,2,42
450.02
(3m) (a)
The board or its designee may grant a variance to a
3requirement of this chapter or to a rule promulgated by the board if all of the
4following are true:
SB405,2,65
1. The board or its designee determines that a natural or man-made disaster
6or emergency exists or has occurred.
SB405,2,77
2. A pharmacist has requested the variance.
SB405,2,98
3. The board or its designee determines that the variance is necessary to protect
9the public health, safety, or welfare.
SB405,2,1310
(b) A variance granted under par. (a) shall be for a stated term not to exceed
1190 days, except that the board or its designee may extend the variance upon request
12by a pharmacist if it determines that an extension is necessary to protect the public
13health, safety, or welfare.
