LRB-5660/1
KP:ahe
2017 - 2018 LEGISLATURE
March 22, 2018 - Introduced by Senator Darling, cosponsored by Representatives
Rohrkaste and Brostoff. Referred to Committee on Senate Organization.
SB875,1,3 1An Act to create 450.03 (1) (i) of the statutes; relating to: dispensing,
2distributing, or selling dialysate, drugs, or devices necessary for providing
3home peritoneal kidney dialysis.
Analysis by the Legislative Reference Bureau
This bill exempts persons dispensing, distributing, or selling dialysate, drugs,
or devices necessary for providing home peritoneal kidney dialysis to a patient with
end-stage renal disease from being required to obtain a pharmacist license. The
exemption granted under the bill is subject to certain requirements, as detailed in
the bill, including the following: 1) the dialysate, drugs, or devices are delivered in
their original, sealed packaging from the manufacturing facility; 2) dispensing
occurs only based on receipt of a prescription order issued by a licensed physician;
and 3) delivery is made only to a patient with end-stage renal disease, the patient's
designee, or a health care provider for administration or delivery to a patient.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB875,1 4Section 1. 450.03 (1) (i) of the statutes is created to read:
SB875,2,3
1450.03 (1) (i) A person who dispenses, distributes, or sells dialysate, drugs, or
2devices necessary for providing home peritoneal kidney dialysis to a patient with
3end-stage renal disease if all of the following apply:
SB875,2,54 1. If required by federal law, the dialysate, drugs, or devices are approved or
5cleared by the federal food and drug administration.
SB875,2,76 2. The dialysate, drugs, or devices are lawfully held by the manufacturer or the
7manufacturer's agent.
SB875,2,98 3. The manufacturer or the manufacturer's agent holding the dialysate, drugs,
9or devices under subd. 2. is licensed under s. 450.07 or 450.071.
SB875,2,1110 4. The dialysate, drugs, or devices are held and delivered in their original,
11sealed packaging from the manufacturing facility.
SB875,2,1412 5. The dialysate, drugs, or devices are delivered only upon receipt of a
13prescription order issued by a licensed physician and only if an order from a licensed
14pharmacy is transmitted to the manufacturer or the manufacturer's agent.
SB875,2,1515 6. The dialysate, drugs, or devices are delivered to one of the following:
SB875,2,1716 a. A patient with end-stage renal disease or the patient's designee, for the
17patient to self-administer the dialysis therapy.
SB875,2,1918 b. A health care provider or institution, for administration or delivery of the
19dialysis therapy to a patient with end-stage renal disease.
SB875,2,2020 (End)
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