AB355, s. 22 17Section 22. 450.02 (2) of the statutes is renumbered 450.02 (2) (intro.) and
18amended to read:
AB355,23,2019 450.02 (2) (intro.) The board shall adopt rules defining promulgate all of the
20following rules, which apply to all applicants for licensure under s. 450.05:
AB355,23,22 21(a) Defining the active practice of pharmacy. The rules shall apply to all
22applicants for licensure under s. 450.05.
AB355, s. 23 23Section 23. 450.02 (2) (b) of the statutes is created to read:
AB355,24,224 450.02 (2) (b) Requiring disclosure by a pharmacist to a prescription drug
25purchaser who has a card issued under s. 49.692 (3) of the amount of the discount

1on the retail price of the prescription drug that is provided to the purchaser as a
2result of the program under s. 49.692.
AB355, s. 24 3Section 24. 450.075 of the statutes is created to read:
AB355,24,4 4450.075 Manufacturer gift reporting. (1) In this section:
AB355,24,55 (a) "Health benefit plan" has the meaning given in s. 632.745 (11).
AB355,24,66 (b) "Hospital" means a facility approved as a hospital under s. 50.35.
AB355,24,77 (c) "Nursing home" has the meaning given in s. 50.01 (3).
AB355,24,12 8(2) (a) Except as provided in par. (c), each person who engages in
9manufacturing shall annually report to the board the value, nature, and purpose of
10any gift, payment, subsidy, or other economic benefit valued at $25 or more that the
11person directly or indirectly provides to any of the following in connection with the
12person's promotional or marketing activities:
AB355,24,1313 1. A practitioner.
AB355,24,1414 2. A pharmacist or an owner or operator of a pharmacy.
AB355,24,1715 3. A hospital, nursing home, or organization that offers a health benefit plan,
16or an employee of a hospital, nursing home, or organization that offers a health
17benefit plan.
AB355,24,1918 4. Any other person authorized to purchase prescription drugs for retail or
19wholesale resale.
AB355,24,2220 (b) A person who engages in manufacturing shall submit the report required
21under par. (a) by January 1 of each year for the 12-month period ending on the
22previous June 30.
AB355,24,2523 (c) A person who engages in manufacturing is not required to report under par.
24(a) any free sample of a prescription drug that is intended to be distributed to a
25patient.
AB355,25,4
1(3) Each person who engages in manufacturing shall report to the board the
2name and address of the individual responsible for making reports under sub. (2) and
3shall notify the board of any change in the information required under this
4subsection.
AB355,25,8 5(4) A person who engages in manufacturing who violates sub. (2) may be
6required to forfeit not more than $10,000 for each violation and, notwithstanding s.
7814.04, to pay all actual costs incurred by the state in prosecuting the violation,
8including reasonable attorney fees.
AB355,25,10 9(5) The board shall develop a form that persons who engage in manufacturing
10shall use to submit reports under sub. (2).
AB355,25,16 11(6) Any information reported under this section that constitutes a trade secret,
12as defined in s. 134.90 (1) (c), shall remain confidential. The board may not release
13trade secret information obtained under this section, except to the department of
14justice for the purpose of prosecuting a violation under sub. (4). The form prescribed
15by the board under sub. (5) shall direct a person who engages in manufacturing to
16identify any information that is a trade secret.
AB355,25,19 17(7) Annually, by March 1, the board shall submit to the legislature under s.
1813.172 (2) and to the governor a report describing the disclosures made under sub.
19(2).
AB355, s. 25 20Section 25 . Nonstatutory provisions.
AB355,26,221 (1) Enrollment fee for prescription drug assistance program. The
22enrollment fee for the prescription drug assistance program under section 49.692 (3)
23of the statutes, as created by this act, shall be $20, except that the department of
24health and family services shall review the costs to administer the prescription drug
25assistance program after it has been implemented for 12 months and shall reduce

1the program enrollment fee if the earnings from the fee are greater than the costs
2incurred by the department in administering the program.
AB355,26,83 (2) Report to legislature. By July 1, 2006, the department of health and
4family services shall report to the appropriate standing committees of the
5legislature, in the manner provided under section 13.172 (3) of the statutes, on the
6creation of preferred drug lists, the status of supplemental prescription drug rebate
7agreements, and the implementation of prescription drug cost controls under section
849.69 of the statutes, as created by this act.
AB355,27,69 (3) Use of income augmentation receipts for initial reimbursement to
10pharmacists and pharmacies.
If after supporting the costs specified in section 46.46
11of the statutes, there remain any moneys in the appropriation account under section
1220.435 (8) (mb) of the statutes, as affected by this act, those remaining moneys are
13allocated to the department of health and family services to reimburse pharmacies
14and pharmacists under section 49.692 (6) of the statutes, as created by this act, until
15such time as there is enough money in the account under section 20.435 (4) (jx) of the
16statutes, as created by this act, to make timely reimbursement payments to
17pharmacies and pharmacists under section 49.692 (6) (a) of the statutes, as created
18by this act. The department of health and family services may not expend or
19encumber any moneys allocated under this subsection unless the department
20submits a plan for the proposed use of those moneys to the secretary of
21administration. If the secretary of administration approves the plan, he or she shall
22submit the plan to the joint committee on finance. If the cochairpersons of the
23committee do not notify the secretary of administration within 14 working days after
24the date of the secretary's submittal of the plan that the committee has scheduled a
25meeting for the purpose of reviewing the plan, the department of health and family

1services may implement the plan as proposed by the department of health and family
2services and approved by the secretary of administration. If, within 14 working days
3after the date of the secretary's submittal, the cochairpersons of the committee notify
4the secretary that the committee has scheduled a meeting for the purpose of
5reviewing the plan, the department of health and family services may implement the
6plan only upon the approval of the committee.
AB355,27,167 (4) Emergency rules. The department of health and family services shall,
8using the procedure under section 227.24 of the statutes, promulgate the rules
9required under section 49.692 (7) of the statutes, as created by this act, for the period
10before permanent rules become effective, but not to exceed the period authorized
11under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24
12(1) (a), (2) (b), and (3) of the statutes, the department is not required to provide
13evidence that promulgating a rule under this subsection as an emergency rule is
14necessary for the preservation of the public peace, health, safety, or welfare and is
15not required to provide a finding of emergency for a rule promulgated under this
16subsection.
AB355, s. 26 17Section 26. Effective dates. This act takes effect on the day after publication,
18on the 2nd day after publication of the 2003-05 biennial budget act, or on July 1,
192003, whichever is later, except as follows:
AB355,27,2120 (1) The treatment of sections 20.435 (8) (mb) (by Section 6 ) and 49.692 (6) (by
21Section 15) of the statutes takes effect on July 1, 2005.
AB355,27,2222 (End)
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