AB1,38 22Section 38 . 450.01 (11m) of the statutes is amended to read:
AB1,33,2523 450.01 (11m) “Facility" means a location where a wholesale distributor or
243rd-party logistics provider
stores, distributes, handles, repackages, or offers for
25sale
other services related to prescription drugs.
AB1,39
1Section 39. 450.01 (13w) of the statutes is created to read:
AB1,34,72 450.01 (13w) “Out-of-state 3rd-party logistics provider” means a person
3located outside this state that contracts with a prescription drug manufacturer to
4provide or coordinate warehousing, distribution, or other services within this state
5on behalf of the manufacturer but that does not take title to the manufacturer's
6prescription drug or have general responsibility to direct the prescription drug's sale
7or disposition.
AB1,40 8Section 40 . 450.01 (21s) of the statutes is amended to read:
AB1,34,139 450.01 (21s)Third party Third-party logistics provider" means a person that
10contracts with a prescription drug manufacturer to provide or coordinate
11warehousing, distribution, or other services on behalf of the manufacturer but that
12does not take title to the manufacturer's prescription drug or have general
13responsibility to direct the prescription drug's sale or disposition.
AB1,41 14Section 41 . 450.01 (23) (p) of the statutes is created to read:
AB1,34,1615 450.01 (23) (p) The services of a 3rd-party logistics provider or out-of-state
163rd-party logistics provider.
AB1,42 17Section 42 . 450.02 (1) of the statutes is amended to read:
AB1,34,2318 450.02 (1) The department shall keep a record of the proceedings and a register
19of the names and places of practice or business of pharmacies, manufacturers,
20wholesale distributors, 3rd-party logistics providers, out-of-state 3rd-party
21logistics providers,
and other persons licensed under this chapter, and the books,
22registers and records of the department shall be prima facie evidence of the matters
23recorded.
AB1,43 24Section 43. 450.03 (1) (fm) of the statutes is created to read:
AB1,35,3
1450.03 (1) (fm) A person who is enrolled at an accredited school of pharmacy
2and whose practice of pharmacy is limited to administering vaccines under the direct
3supervision of a person licensed as a pharmacist by the board.
AB1,44 4Section 44. 450.035 (2g) of the statutes is amended to read:
AB1,35,145 450.035 (2g) A person engaged in the practice of pharmacy under s. 450.03 (1)
6(f), (fm), or (g) may not administer a vaccine unless he or she acts under the direct
7supervision of a pharmacist and he or she and the supervising pharmacist have
8successfully completed 12 hours in a course of study and training, approved by the
9Accreditation Council for Pharmacy Education or the board, in vaccination storage,
10protocols, administration technique, emergency procedures, and record keeping and
11the supervising pharmacist has satisfied the requirements specified in sub. (2t). A
12person engaged in the practice of pharmacy under s. 450.03 (1) (f) , (fm), or (g) may
13not administer a vaccine under this subsection to a person who is under the age of
146.
AB1,45 15Section 45 . 450.035 (2i) (a) of the statutes is amended to read:
AB1,35,2016 450.035 (2i) (a) Subject to subs. (2) and (2g), a pharmacist or a person engaged
17in the practice of pharmacy under s. 450.03 (1) (f), (fm), or (g) may administer without
18a prescription order any vaccine listed in the current immunization schedules
19recommended by the federal advisory committee on immunization practices and
20published by the federal centers for disease control and prevention.
AB1,46 21Section 46 . 450.035 (2i) (b) of the statutes is amended to read:
AB1,36,322 450.035 (2i) (b) Subject to subs. (2) and (2g), a pharmacist or a person engaged
23in the practice of pharmacy under s. 450.03 (1) (f), (fm), or (g) may initiate and
24administer any vaccine not listed in the current immunization schedules
25recommended by the federal advisory committee on immunization practices and

1published by the federal centers for disease control and prevention if the vaccine is
2administered pursuant to a prescription order, vaccination protocol, or standing
3order.
AB1,47 4Section 47. 450.035 (3) of the statutes is amended to read:
AB1,36,85 450.035 (3) A pharmacist or a person engaged in the practice of pharmacy
6under s. 450.03 (1) (f), (fm), or (g) who successfully completes a course of study and
7training specified in sub. (1r), (1t), (2), or (2g) shall maintain proof of completion and,
8upon request, provide copies of such proof to the department or the board.
AB1,48 9Section 48. 450.035 (4) of the statutes is amended to read:
AB1,36,1410 450.035 (4) A pharmacist or person engaged in the practice of pharmacy under
11s. 450.03 (1) (f), (fm), or (g) who administers a vaccine to a person under this section
12shall update, or cause a pharmacy to update, the Wisconsin Immunization Registry
13established by the department of health services within 7 days of administering the
14vaccine.
AB1,49 15Section 49 . 450.075 of the statutes is created to read:
AB1,36,21 16450.075 Third-party logistics providers; licensure. (1) License allowed.
17A person acting as a 3rd-party logistics provider or an out-of-state 3rd-party
18logistics provider of any drug or device may apply to obtain a license from the board
19under this section. Where operations are conducted at more than one facility, a
20person acting as a 3rd-party logistics provider or out-of-state 3rd-party logistics
21provider may apply to obtain a license from the board for each such facility.
AB1,36,24 22(2) Application. An applicant for a license under this section shall submit a
23form provided by the board showing all of the following and swear or affirm the
24truthfulness of each item in the application:
AB1,36,2525 (a) The name, business address, and telephone number of the applicant.
AB1,37,1
1(b) All trade or business names used by the applicant.
AB1,37,42 (c) Names, addresses, and telephone numbers of contact persons for all
3facilities used by the applicant for the warehousing, distribution, or other services
4on behalf of the manufacturer of prescription drugs.
AB1,37,55 (d) The type of ownership or operation for the applicant's business.
AB1,37,76 (e) If the applicant's 3rd-party logistics provider business is a partnership, the
7name of each partner and the name of the partnership.
AB1,37,108 (f) If the applicant's 3rd-party logistics provider business is a corporation, the
9name of each corporate officer and director, the name of the corporation, and the state
10of incorporation.
AB1,37,1211 (g) If the applicant's 3rd-party logistics provider business is a sole
12proprietorship, the name of the sole proprietor and the name of the business entity.
AB1,37,1413 (h) A list of all licenses and permits issued to the applicant by any other state
14that authorizes the applicant to warehouse or distribute prescription drugs.
AB1,37,1515 (i) The name, address, and telephone number of a designated representative.
AB1,37,1716 (j) For the person identified as the designated representative in par. (i), a
17personal information statement that contains all of the following:
AB1,37,1818 1. The person's date and place of birth.
AB1,37,2019 2. The person's place of residence for the 7-year period immediately preceding
20the date of the application.
AB1,37,2221 3. The person's occupations, positions of employment, and offices held during
22the 7-year period immediately preceding the date of the application.
AB1,37,2423 4. The name and addresses for each business, corporation, or other entity listed
24in subd. 3.
AB1,38,4
15. A statement indicating whether the person has been, during the 7-year
2period immediately preceding the date of the application, the subject of any
3proceeding for the revocation of any business or professional license and the
4disposition of the proceeding.
AB1,38,95 6. A statement indicating whether the person has been, during the 7-year
6period immediately preceding the date of the application, enjoined by a court, either
7temporarily or permanently, from possessing, controlling, or distributing any
8prescription drug, and a description of the circumstances surrounding the
9injunction.
AB1,38,1410 7. A description of any involvement by the person during the past 7 years with
11any business, including investments other than the ownership of stock in a publicly
12traded company or mutual fund, that manufactured, administered, prescribed,
13distributed, or stored pharmaceutical products or drugs, and a list of any lawsuits
14in which such a business was named as a party.
AB1,38,2015 8. A description of any misdemeanor or felony criminal offense of which the
16person was, as an adult, found guilty, whether adjudication of guilt was withheld or
17the person pleaded guilty or no contest. If the person is appealing a criminal
18conviction, the application shall include a copy of the notice of appeal, and the person
19shall submit a copy of the final disposition of the appeal not more than 15 days after
20a final disposition is reached.
AB1,38,2221 9. A photograph of the person taken within the 12-month period immediately
22preceding the date of the application.
AB1,39,223 (k) A statement that each facility used by the applicant for 3rd-party logistics
24provider services has been inspected in the 3-year period immediately preceding the
25date of the application by the board, a pharmacy examining board of another state,

1the National Association of Boards of Pharmacy, or another accrediting body
2recognized by the board, with the date of each such inspection.
AB1,39,5 3(3) Licensure. The board shall grant a license to an applicant to act as a
43rd-party logistics provider or an out-of-state 3rd-party logistics provider if all of
5the following apply:
AB1,39,66 (a) The applicant pays the fee specified in s. 440.05 (1).
AB1,39,97 (b) The inspections conducted pursuant to sub. (2) (k) satisfy requirements
8adopted by the board for 3rd-party logistics providers or out-of-state 3rd-party
9logistics providers.
AB1,39,1110 (c) All of the following apply to each person identified by the applicant as a
11designated representative:
AB1,39,1212 1. The person is at least 21 years old.
AB1,39,1513 2. The person has been employed full time for at least 3 years in a pharmacy
14or with a wholesale prescription drug distributor in a capacity related to the
15dispensing of and distribution of, and record keeping related to, prescription drugs.
AB1,39,1616 3. The person is employed by the applicant full time in a managerial position.
AB1,39,2217 4. The person is physically present at the 3rd-party logistics provider's or
18out-of-state 3rd-party logistics provider's facility during regular business hours
19and is involved in and aware of the daily operation of the 3rd-party logistics provider
20or the out-of-state 3rd-party logistics provider. This subdivision does not preclude
21the person from taking authorized sick leave and vacation time or from being absent
22from the facility for other authorized business or personal purposes.
AB1,39,2423 5. The person is actively involved in and aware of the daily operation of the
243rd-party logistics provider or the out-of-state 3rd-party logistics provider.
AB1,40,5
16. The person is a designated representative for only one applicant at any given
2time. This subdivision does not apply if more than one 3rd-party logistics provider
3or out-of-state 3rd-party logistics provider is located at the facility and the
43rd-party logistics providers or out-of-state 3rd-party logistics providers located at
5the facility are members of an affiliated group.
AB1,40,76 7. The person has not been convicted of violating any federal, state, or local law
7relating to distribution of a controlled substance.
AB1,40,88 8. The person has not been convicted of a felony.
AB1,40,139 9. The person submits to the department 2 fingerprint cards, each bearing a
10complete set of the applicant's fingerprints. The department of justice shall provide
11for the submission of the fingerprint cards to the federal bureau of investigation for
12purposes of verifying the identity of the person and obtaining the person's criminal
13arrest and conviction record.
AB1,40,1514 (d) The applicant satisfies any other requirements established by the board by
15rule.
AB1,40,21 16(4) Rules. The board shall promulgate rules implementing this section. The
17rules shall ensure compliance with the federal drug supply chain security act, 21
18USC 360eee
, et seq. The board may not promulgate rules that impose requirements
19more strict than the federal drug supply chain security act, or any regulations passed
20under the federal drug supply chain security act. The board may not promulgate
21rules that require a license under this section.
AB1,40,25 22(5) Access to records. Applications for licensure under this section are not
23subject to inspection or copying under s. 19.35, and may not be disclosed to any
24person except as necessary for compliance with and enforcement of the provisions of
25this chapter.
AB1,41,5
1(6) Inspections. A 3rd-party logistics provider or an out-of-state 3rd-party
2logistics provider shall allow the board and authorized federal, state, and local law
3enforcement officials to enter and inspect its facilities and delivery vehicles, to audit
4its records and written operating procedures, and to confiscate prescription drugs
5and records to the extent authorized by law, rule, or regulation.
AB1,41,10 6(7) Applicability. This section does not apply if the board determines that the
7federal food and drug administration has established a licensing program for
83rd-party logistics providers under 21 USC 360eee-3 and that licensing by this state
9of resident 3rd-party logistics providers is not required for a resident 3rd-party
10logistics provider to provide 3rd-party logistics provider services in another state.
AB1,50 11Section 50 . 450.11 (5) (br) 2. d. of the statutes is amended to read:
AB1,41,1412 450.11 (5) (br) 2. d. A pharmacist may not extend a prescription order under
13subd. 1. for a particular patient if a prescription order was previously extended under
14subd. 1. for that patient during the applicable period described in subd. 3.
AB1,51 15Section 51 . 450.11 (5) (br) 3. of the statutes is renumbered 450.11 (5) (br) 3.
16(intro.) and amended to read:
AB1,41,1717 450.11 (5) (br) 3. (intro.) This paragraph applies only during as follows:
AB1,41,20 18a. During the public health emergency declared on March 12, 2020, by
19executive order 72, and for 30 days after the conclusion of that public health
20emergency. During that time,
AB1,41,22 214. While this paragraph applies as specified in subd. 3., it supersedes par. (bm)
22to the extent of any conflict.
AB1,52 23Section 52 . 450.11 (5) (br) 3. b. of the statutes is created to read:
AB1,42,224 450.11 (5) (br) 3. b. During the period beginning on the effective date of this
25subd. 3. b. .... [LRB inserts date], and ending at the conclusion of a national

1emergency declared by the U.S. president under 50 USC 1621 in response to the 2019
2novel coronavirus or on June 30, 2021, whichever is earlier.
AB1,53 3Section 53 . 609.205 (2) (intro.) and (a) of the statutes are amended to read:
AB1,42,94 609.205 (2) (intro.) All of the following apply to a defined network plan or
5preferred provider plan during the state of emergency related to public health
6declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days
7following the date that the state of emergency terminates
until the conclusion of a
8national emergency declared by the U.S. president under 50 USC 1621 in response
9to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier
:
AB1,42,1710 (a) The plan may not require an enrollee to pay, including cost sharing, for a
11service, treatment, or supply provided by a provider that is not a participating
12provider in the plan's network of providers more than the enrollee would pay if the
13service, treatment, or supply is provided by a provider that is a participating
14provider. This subsection applies to any service, treatment, or supply that is related
15to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that
16is provided by a provider that is not a participating provider because a participating
17provider is unavailable due to the public health emergency.
AB1,54 18Section 54 . 609.205 (3) (intro.) of the statutes is amended to read:
AB1,43,219 609.205 (3) (intro.) During the state of emergency related to public health
20declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days
21following the date that the state of emergency terminates
Until the conclusion of a
22national emergency declared by the U.S. president under 50 USC 1621 in response
23to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier
, all of the
24following apply to any health care provider or health care facility that provides a

1service, treatment, or supply to an enrollee of a defined network plan or preferred
2provider plan but is not a participating provider of that plan:
AB1,55 3Section 55 . 609.205 (3m) of the statutes is created to read:
AB1,43,54 609.205 (3m) This section does not apply to a service, treatment, or supply that
5is a dental service, treatment, or supply.
AB1,56 6Section 56 . 632.895 (14g) (b) of the statutes is amended to read:
AB1,43,147 632.895 (14g) (b) Before March 13, 2021 Until the conclusion of a national
8emergency declared by the U.S. president under 50 USC 1621 in response to the 2019
9novel coronavirus or until June 30, 2021, whichever is earlier
, every disability
10insurance policy, and every self-insured health plan of the state or of a county, city,
11town, village, or school district, that generally covers vaccination and testing for
12infectious diseases shall provide coverage of testing for COVID-19 and vaccination
13against the SARS-CoV-2 coronavirus
without imposing any copayment or
14coinsurance on the individual covered under the policy or plan.
AB1,57 15Section 57 . 632.895 (16v) (a) (intro.) of the statutes is amended to read:
AB1,43,2416 632.895 (16v) (a) (intro.) During the period covered by the state of emergency
17related to public health declared by the governor on March 12, 2020, by executive
18order 72
Until the conclusion of a national emergency declared by the U.S. president
19under 50 USC 1621 in response to the 2019 novel coronavirus or until June 30, 2021,
20whichever is earlier
, an insurer offering a disability insurance policy that covers
21prescription drugs, a self-insured health plan of the state or of a county, city, town,
22village, or school district that covers prescription drugs, or a pharmacy benefit
23manager acting on behalf of a policy or plan may not do any of the following in order
24to maintain coverage of a prescription drug:
AB1,58 25Section 58 . 655.0025 of the statutes is created to read:
AB1,44,6
1655.0025 Participation during COVID-19 national emergency. Until
2the conclusion of a national emergency declared by the U.S. president under 50 USC
31621
in response to the 2019 novel coronavirus or until June 30, 2021, whichever is
4earlier, all of the following apply to a physician or nurse anesthetist for whom this
5state is not a principal place of practice but who is authorized to practice in this state
6on a temporary basis:
AB1,44,10 7(1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23
8(3) (a) by filing with the commissioner a certificate of insurance for a policy of health
9care liability insurance issued by an insurer that is authorized in a jurisdiction
10accredited by the National Association of Insurance Commissioners.
AB1,44,12 11(2) The physician or nurse anesthetist may elect, in the manner designated by
12the commissioner by rule under s. 655.004, to be subject to this chapter.
AB1,59 13Section 59. 895.476 of the statutes is created to read:
AB1,44,15 14895.476 Civil liability exemption; exposure to the novel coronavirus
15SARS-CoV-2 or COVID-19.
(1) In this section:
AB1,44,1816 (a) “COVID-19” means the infection caused by the novel coronavirus
17SARS-CoV-2 or by any viral strain originating from SARS-CoV-2, and conditions
18associated with the infection.
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