LRB-0938/1
CTS:jld:pg
2007 - 2008 LEGISLATURE
March 19, 2007 - Introduced by Representatives Sherman, Benedict, Zepnick,
Pocan, Turner, Hilgenberg, Jorgensen, Hahn, Travis, Vruwink, A. Williams,
Black, Berceau, Musser, Smith, Molepske and Sinicki, cosponsored by
Senators Carpenter, Hansen, Lehman, Miller and Coggs. Referred to
Committee on Health and Healthcare Reform.
AB204,1,2
1An Act to create 100.325 of the statutes;
relating to: advertising for
2prescription drugs.
Analysis by the Legislative Reference Bureau
This bill prohibits advertising for prescription drugs. The prohibition does not
apply to an advertisement that is broadcast from or is mailed or shipped to the
ultimate recipient of the advertisement from outside this state or to advertising sent
directly to pharmacists or to practitioners who are authorized to prescribe
prescription drugs.
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:
AB204, s. 1
3Section
1. 100.325 of the statutes is created to read:
AB204,1,7
4100.325 Prescription drug advertising.
(1) Except as provided in sub. (2),
5no person may advertise a prescription drug. In this subsection, "prescription drug"
6means a drug, drug product, or drug-containing preparation that is subject to
21
7USC 353 (b) or
21 CFR 201.105.
AB204,2,1
1(2) Subsection (1) does not apply to any of the following:
AB204,2,32
(a) An advertisement that is broadcast from or is mailed or shipped to the
3ultimate recipient of the advertisement from outside this state.
AB204,2,54
(b) An advertisement that is sent directly to a practitioner, as defined in s.
5450.01 (17), or to a pharmacist licensed under s. 450.03.
AB204,2,107
(1) The legislature finds that prescription drug advertising that is directed to
8consumers undermines the efforts of this state to protect the health and welfare of
9the citizens of this state from drugs that are sufficiently dangerous to require a
10prescription from a licensed practitioner.
AB204,2,1411
(2) The legislature finds that prescription drug advertising that is directed to
12consumers undermines the efforts of this state to ensure that practitioners who are
13licensed to prescribe and administer prescription drugs do so on the basis of their
14independent professional judgment.
AB204,2,1815
(3) The legislature finds that the health and welfare of the citizens of this state
16has been threatened by prescription drugs that have been heavily advertised in the
17popular media and that have subsequently been determined to pose substantial risk
18to human health.
AB204,2,2119
(4) The legislature finds that prescription drug advertising that is directed to
20consumers is inherently misleading, in that it promotes the sale of products so
21dangerous that state law does not permit consumers to independently purchase.
AB204,2,2522
(5) The legislature finds that the increasing cost of prescription drugs poses a
23serious threat to the health of the citizens of this state, and that prescription drug
24advertising directed to consumers aggravates this threat by adding considerable cost
25to such drugs without concomitant benefit to the health of the citizens of this state.
AB204,3,4
1(6) The legislature finds that the provisions of section 100.325 of the statutes,
2as created by this act, constitute the least restrictive means of addressing the threats
3to the health and welfare of the citizens of this state by prescription drug advertising
4that is directed at consumers.
AB204,3,76
(1) This act first applies to advertisements broadcast or published on the
7effective date of this subsection.
AB204,3,109
(1)
This act takes effect on the first day of the 6th month beginning after
10publication.
