2005 - 2006 LEGISLATURE
September 2, 2005 - Offered by Representative Gielow.
AB258-ASA1,1,2 1An Act to create 450.11 (4m) of the statutes; relating to: prescription drug
Analysis by the Legislative Reference Bureau
Under current law, a pharmacist may dispense a drug product that has been
designated by the federal Food and Drug Administration (FDA) as the therapeutic
equivalent of the drug product that is prescribed (drug product equivalent), if the
drug product equivalent is cheaper. Current law also requires a prescription drug
label to specify certain information, including the name and address of the
practitioner who prescribed the drug, the date on which the prescription was
dispensed, the name of the patient, and directions for the use of the drug product or
This substitute amendment permits a pharmacist who substitutes a drug
product equivalent for a brand name drug product to include a statement on the label
identifying the prescribed brand name drug product, unless the prescribing
practitioner requests omission of the brand name.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB258-ASA1, s. 1 3Section 1. 450.11 (4m) of the statutes is created to read:
1450.11 (4m) Brand name permitted on label. (a) In this subsection:
AB258-ASA1,2,22 1. "Brand name" has the meaning given in s. 450.12 (1) (a).
AB258-ASA1,2,33 2. "Drug product equivalent" has the meaning given in s. 450.13 (1).
AB258-ASA1,2,44 3. "Generic name" has the meaning given in s. 450.12 (1) (b).
AB258-ASA1,2,105 (b) If a pharmacist, pursuant to a prescription order that specifies a drug
6product by its brand name, dispenses the drug product equivalent of the drug product
7specified in the prescription order, the label required under sub. (4) (a) may include
8both the generic name of the drug product equivalent and the brand name specified
9in the prescription order, unless the prescribing practitioner requests that the brand
10name be omitted from the label.
AB258-ASA1, s. 2 11Section 2. Initial applicability.
AB258-ASA1,2,1312 (1) This act first applies to prescription orders issued on the effective date of
13this subsection.