AB355: Bill Text

AB355, s. 22 Section 22. 450.02 (2) of the statutes is renumbered 450.02 (2) (intro.) and amended to read:

AB355,23,20 450.02 (2) (intro.) The board shall adopt rules defining promulgate all of the following rules, which apply to all applicants for licensure under s. 450.05:

AB355,23,22 (a) Defining the active practice of pharmacy. The rules shall apply to all applicants for licensure under s. 450.05.

AB355, s. 23 Section 23. 450.02 (2) (b) of the statutes is created to read:

AB355,24,2 450.02 (2) (b) Requiring disclosure by a pharmacist to a prescription drug purchaser who has a card issued under s. 49.692 (3) of the amount of the discount on the retail price of the prescription drug that is provided to the purchaser as a result of the program under s. 49.692.

AB355, s. 24 Section 24. 450.075 of the statutes is created to read:

AB355,24,4 450.075 Manufacturer gift reporting. (1) In this section:

AB355,24,5 (a) "Health benefit plan" has the meaning given in s. 632.745 (11).

AB355,24,6 (b) "Hospital" means a facility approved as a hospital under s. 50.35.

AB355,24,7 (c) "Nursing home" has the meaning given in s. 50.01 (3).

AB355,24,12 (2) (a) Except as provided in par. (c), each person who engages in manufacturing shall annually report to the board the value, nature, and purpose of any gift, payment, subsidy, or other economic benefit valued at $25 or more that the person directly or indirectly provides to any of the following in connection with the person's promotional or marketing activities:

AB355,24,13 1. A practitioner.

AB355,24,14 2. A pharmacist or an owner or operator of a pharmacy.

AB355,24,17 3. A hospital, nursing home, or organization that offers a health benefit plan, or an employee of a hospital, nursing home, or organization that offers a health benefit plan.

AB355,24,19 4. Any other person authorized to purchase prescription drugs for retail or wholesale resale.

AB355,24,22 (b) A person who engages in manufacturing shall submit the report required under par. (a) by January 1 of each year for the 12-month period ending on the previous June 30.

AB355,24,25 (c) A person who engages in manufacturing is not required to report under par. (a) any free sample of a prescription drug that is intended to be distributed to a patient.

AB355,25,4 (3) Each person who engages in manufacturing shall report to the board the name and address of the individual responsible for making reports under sub. (2) and shall notify the board of any change in the information required under this subsection.

AB355,25,8 (4) A person who engages in manufacturing who violates sub. (2) may be required to forfeit not more than $10,000 for each violation and, notwithstanding s. 814.04, to pay all actual costs incurred by the state in prosecuting the violation, including reasonable attorney fees.

AB355,25,10 (5) The board shall develop a form that persons who engage in manufacturing shall use to submit reports under sub. (2).

AB355,25,16 (6) Any information reported under this section that constitutes a trade secret, as defined in s. 134.90 (1) (c), shall remain confidential. The board may not release trade secret information obtained under this section, except to the department of justice for the purpose of prosecuting a violation under sub. (4). The form prescribed by the board under sub. (5) shall direct a person who engages in manufacturing to identify any information that is a trade secret.

AB355,25,19 (7) Annually, by March 1, the board shall submit to the legislature under s. 13.172 (2) and to the governor a report describing the disclosures made under sub. (2).

AB355, s. 25 Section 25 . Nonstatutory provisions.

AB355,26,2 (1) Enrollment fee for prescription drug assistance program. The enrollment fee for the prescription drug assistance program under section 49.692 (3) of the statutes, as created by this act, shall be $20, except that the department of health and family services shall review the costs to administer the prescription drug assistance program after it has been implemented for 12 months and shall reduce the program enrollment fee if the earnings from the fee are greater than the costs incurred by the department in administering the program.

AB355,26,8 (2) Report to legislature. By July 1, 2006, the department of health and family services shall report to the appropriate standing committees of the legislature, in the manner provided under section 13.172 (3) of the statutes, on the creation of preferred drug lists, the status of supplemental prescription drug rebate agreements, and the implementation of prescription drug cost controls under section 49.69 of the statutes, as created by this act.

AB355,27,6 (3) Use of income augmentation receipts for initial reimbursement to pharmacists and pharmacies. If after supporting the costs specified in section 46.46 of the statutes, there remain any moneys in the appropriation account under section 20.435 (8) (mb) of the statutes, as affected by this act, those remaining moneys are allocated to the department of health and family services to reimburse pharmacies and pharmacists under section 49.692 (6) of the statutes, as created by this act, until such time as there is enough money in the account under section 20.435 (4) (jx) of the statutes, as created by this act, to make timely reimbursement payments to pharmacies and pharmacists under section 49.692 (6) (a) of the statutes, as created by this act. The department of health and family services may not expend or encumber any moneys allocated under this subsection unless the department submits a plan for the proposed use of those moneys to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the secretary's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan as proposed by the department of health and family services and approved by the secretary of administration. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan only upon the approval of the committee.

AB355,27,16 (4) Emergency rules. The department of health and family services shall, using the procedure under section 227.24 of the statutes, promulgate the rules required under section 49.692 (7) of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB355, s. 26 Section 26. Effective dates. This act takes effect on the day after publication, on the 2nd day after publication of the 2003-05 biennial budget act, or on July 1, 2003, whichever is later, except as follows:

AB355,27,21 (1) The treatment of sections 20.435 (8) (mb) (by Section 6 ) and 49.692 (6) (by Section 15) of the statutes takes effect on July 1, 2005.

AB355,27,22 (End)