2015 - 2016 LEGISLATURE
March 23, 2015 - Introduced by Senators Gudex,
Marklein, Nass, Olsen,
Wanggaard and Vukmir, cosponsored by Representatives Hutton,
E. Brooks,
Kooyenga, Ballweg, Czaja, Murphy, Edming, Quinn, Hintz and Thiesfeldt.
Referred to Committee on Judiciary and Public Safety.
SB84,1,4
1An Act to create 15.145 (6), 301.103 and 450.01 (16) (hr) of the statutes;
2relating to: creating a Corrections System Formulary Board in the
3Department of Corrections, therapeutic alternate drug selections in the state
4correctional system, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a licensed pharmacist may make therapeutic alternate drug
selections, if made in accordance with written guidelines or procedures (a formulary)
previously established by: 1) a pharmacy and therapeutics committee of a hospital
and approved by the hospital's medical staff, for patients in a hospital; or 2) a quality
assessment and assurance committee of a nursing home, for patients in a nursing
home. The use of the therapeutic alternate drug selection must have been approved
for a patient during the period of the patient's stay within the hospital or nursing
home by the patient's attending physician, physician assistant, or, in the case of a
hospital, the patient's advanced practice nurse prescriber.
This bill creates a Corrections System Formulary Board (board) in the
Department of Corrections (DOC), to consist of two physicians, one of whom is a
psychiatrist, a pharmacist, and, at the discretion of the secretary of corrections
(secretary), other members, all appointed by the secretary. The bill requires the
board to promulgate rules to establish a formulary for prisoners confined in state
correctional institutions and allows a pharmacist to make therapeutic alternate
drug selections in accordance with that formulary, if approved for a prisoner during
his or her period of confinement in a state correctional institution by a physician, an
advanced practice nursing prescriber, or a physician assistant. The bill requires that
the formulary established by the board apply uniformly within all state correctional
institutions.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB84,1
1Section
1. 15.145 (6) of the statutes is created to read:
SB84,2,52
15.145
(6) Corrections system formulary board. There is created in the
3department of corrections a corrections system formulary board. The board shall
4consist of the following members appointed to serve at the pleasure of the secretary
5of corrections:
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(a) Two physicians, as defined in s. 448.01 (5), one of whom specializes in
7psychiatry.
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(b) A pharmacist, as defined in s. s. 450.01 (15).
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(c) Any other members appointed by the secretary in his or her discretion.
SB84,2
10Section
2. 301.103 of the statutes is created to read:
SB84,2,15
11301.103 Prescription drug formulary. The corrections system formulary
12board shall promulgate rules establishing written guidelines or procedures for
13making therapeutic alternate drug selections for the purposes of s. 450.01 (16) (hr).
14Rules promulgated under this section shall apply uniformly within all state
15correctional institutions.
SB84,3
16Section
3. 450.01 (16) (hr) of the statutes is created to read:
SB84,3,317
450.01
(16) (hr) Making therapeutic alternate drug selections in accordance
18with written guidelines or procedures previously established in rules promulgated
19by the corrections system formulary board under s. 301.103, if the use of the
1therapeutic alternate drug selection has been approved for a prisoner, as defined in
2s. 301.01 (2), during his or her period of confinement in a state correctional
3institution, as defined in s. 301.01 (4), by any of the following:
SB84,3,44
1. A physician.
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2. An advanced practice nurse prescriber.
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3. A physician assistant.
