Feed for /2005/related/proposals/ab258 PDF
LRB-0913/2
CTS:lmk:pg
2005 - 2006 LEGISLATURE
March 18, 2005 - Introduced by Representatives Gielow, Strachota, Ainsworth,
Ballweg, Berceau, Bies, Gottlieb, Gronemus, Hahn, Hines, Hundertmark,
Kestell, Kreibich, F. Lasee, Lothian, Moulton, Nass, Ott, Pocan, Underheim,
Van Roy
and Molepske, cosponsored by Senators Roessler and Miller.
Referred to Committee on Health.
AB258,1,2 1An Act to amend 450.13 (1); and to create 450.01 (11m) and 450.11 (4) (c) of the
2statutes; relating to: prescription drug labels.
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
device.
This bill permits a pharmacist who dispenses a drug product equivalent to
include a statement on the label identifying the prescribed drug product and
indicating that the pharmacist has substituted a drug product equivalent, unless the
prescribing practitioner requests omission of the statement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB258, s. 1 3Section 1. 450.01 (11m) of the statutes is created to read:
AB258,2,3
1450.01 (11m) "Drug product equivalent" means a drug product that is
2designated the therapeutic equivalent of another drug product by the federal food
3and drug administration.
AB258, s. 2 4Section 2. 450.11 (4) (c) of the statutes is created to read:
AB258,2,95 450.11 (4) (c) In addition to the information required under par. (a), if a
6pharmacist dispenses a drug product equivalent of the prescribed drug product, the
7pharmacist may include a statement on the label identifying the prescribed drug
8product and indicating that the pharmacist has substituted a drug product
9equivalent, unless the prescribing practitioner requests omission of the statement.
AB258, s. 3 10Section 3. 450.13 (1) of the statutes is amended to read:
AB258,2,1711 450.13 (1) Drug product or equivalent to be used. Except as provided in sub.
12(2), a pharmacist shall dispense every prescription using either the drug product
13prescribed or its drug product equivalent, if its drug product equivalent is lower in
14price to the consumer than the drug product prescribed, and shall inform the
15consumer of the options available in dispensing the prescription. In this section,
16"drug product equivalent" means a drug product that is designated the therapeutic
17equivalent of another drug product by the federal food and drug administration.
AB258,2,1818 (End)
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