AB68: Bill Text

AB68,1487,9 450.135 (9) Links to be maintained by board. The board shall maintain links on the department's Internet site to the federal food and drug administration's lists of all currently approved interchangeable biological products. Each pharmacy shall make available for the public information on how to access the federal food and drug administration's lists of all currently approved interchangeable biological products through the department's Internet site.

AB68,2888 Section 2888 . 452.14 (3) (n) of the statutes is amended to read:

AB68,1487,14 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, ancestry, marital status, lawful source of income, status as a holder or nonholder of a license under s. 343.03 (3r), or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u).

AB68,2889 Section 2889 . 462.02 (2) (d) of the statutes is amended to read:

AB68,1487,18 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental therapist licensed under s. 447.04 (1m), a dental hygienist licensed under s. 447.04 (2), or a person under the direct supervision of a dentist.

AB68,2890 Section 2890. 462.04 of the statutes is amended to read:

AB68,1488,3 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed under s. 447.04 (1), a dental therapist licensed under s. 447.04 (1m), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a compact privilege under subch. IX of ch. 448.

AB68,2891 Section 2891 . 463.10 (5) of the statutes is amended to read:

AB68,1488,8 463.10 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a , dental therapist, or physician who tattoos or offers to tattoo a person in the course of the dentist's, dental therapist's, or physician's professional practice.

AB68,2892 Section 2892 . 463.12 (5) of the statutes is amended to read:

AB68,1488,13 463.12 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a , dental therapist, or physician who pierces the body of or offers to pierce the body of a person in the course of the dentist's, dental therapist's, or physician's professional practice.

AB68,2893 Section 2893. 551.614 (2) of the statutes is amended to read:

AB68,1489,3 551.614 (2) Fees related to broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered advisers. Every applicant for an initial or renewal license under s. 551.401, 551.402, 551.403, or 551.404 shall pay a filing fee of $200 $300 in the case of a broker-dealer or investment adviser and $80 $100 in the case of an agent representing a broker-dealer or issuer or an investment adviser representative, except that, in the case of an agent representing a broker-dealer or issuer or an investment adviser representative, no fee is required for an individual who is eligible for the veterans fee waiver program under s. 45.44. Every federal covered adviser in this state that is required to make a notice filing under s. 551.405 shall pay an initial or renewal notice filing fee of $200 $300. A broker-dealer, investment adviser, or federal covered adviser maintaining a branch office within this state shall pay an additional filing fee of $80 $100 for each branch office. When an application is denied, or an application or a notice filing is withdrawn, the filing fee shall be retained.

AB68,2894 Section 2894. 563.055 (6) of the statutes is amended to read:

AB68,1489,6 563.055 (6) All moneys received under this section shall be credited to the appropriation account under s. 20.505 (8) (jm) (jn).

AB68,2895 Section 2895. 563.13 (4) of the statutes is amended to read:

AB68,1489,11 563.13 (4) A $10 license fee for each bingo occasion proposed to be conducted and $5 for an annual license for the designated member responsible for the proper utilization of gross receipts. All moneys received under this subsection shall be credited to the appropriation account under s. 20.505 (8) (jm) (jn).

AB68,2896 Section 2896. 563.135 (2m) of the statutes is amended to read:

AB68,1489,14 563.135 (2m) All moneys received under sub. (1) shall be credited to the appropriation account under s. 20.505 (8) (jm) (jn).

AB68,2897 Section 2897. 563.16 of the statutes is amended to read:

AB68,1490,2 563.16 Amendment of license to conduct bingo. Upon application by a licensed organization, a license may be amended, if the subject matter of the amendment properly and lawfully could have been included in the original license. An application for an amendment to a license shall be filed and processed in the same manner as an original application. An application for the amendment of a license shall be accompanied by a $3 fee. If any application for amendment seeks approval of additional bingo occasions or designates a new member responsible for the proper utilization of gross receipts, the appropriate fee under s. 563.13 (4) also shall be paid. If the department approves an application for an amendment to a license, a copy of the amendment shall be sent to the applicant who shall attach it to the original license. All moneys received under this section shall be credited to the appropriation account under s. 20.505 (8) (jm) (jn).

AB68,2898 Section 2898. 563.22 (2) (c) of the statutes is amended to read:

AB68,1490,5 563.22 (2) (c) All moneys received under this subsection shall be credited to the appropriation account under s. 20.505 (8) (jm) (jn).

AB68,2899 Section 2899. 563.80 (2m) of the statutes is amended to read:

AB68,1490,8 563.80 (2m) All moneys received under sub. (1) shall be credited to the appropriation account under s. 20.505 (8) (jm) (jn).

AB68,2900 Section 2900. 563.92 (2) of the statutes is amended to read:

AB68,1490,19 563.92 (2) The fee for a raffle license shall be $25 and shall be remitted with the application. A raffle license shall be valid for 12 months and may be renewed as provided in s. 563.98 (1g). The department shall issue the license within 30 days after the filing of a complete application if the applicant qualifies under s. 563.907 and has not exceeded the limits of s. 563.91. The department shall notify the applicant within 15 days after it is filed if the raffle license application is incomplete or the application shall be considered complete. A complete license application that is not denied within 30 days after its filing shall be considered approved. All moneys received by the department under this subsection shall be credited to the appropriation account under s. 20.505 (8) (j) (jn).

AB68,2901 Section 2901. 563.98 (1g) of the statutes is amended to read:

AB68,1490,23 563.98 (1g) An organization licensed under this subchapter may renew the license by submitting a $25 renewal fee. All moneys received under this subsection shall be credited to the appropriation account under s. 20.505 (8) (j) (jn).

AB68,2902 Section 2902. 565.01 (4f) of the statutes is amended to read:

AB68,1491,4 565.01 (4f) “Multijurisdictional" means pertaining to another state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States of America or, the government of Canada or any province thereof, or any other country or nation.

AB68,2903 Section 2903. 601.31 (1) (mv) of the statutes is created to read:

AB68,1491,8 601.31 (1) (mv) For initial licensure and renewal of licensure for pharmacy benefit management brokers and consultants, amounts set by the commissioner by rule.

AB68,2904 Section 2904. 601.31 (1) (nv) of the statutes is created to read:

AB68,1491,11 601.31 (1) (nv) For issuing or renewing a license to a pharmaceutical representative under s. 632.863, an amount to be set by the commissioner by rule.

AB68,2905 Section 2905 . 601.31 (1) (nw) of the statutes is created to read:

AB68,1491,15 601.31 (1) (nw) For issuing or renewing a license to a pharmacy services administrative organization under s. 632.864, an amount to be set by the commissioner by rule.

AB68,2906 Section 2906 . 601.31 (1) (w) of the statutes is amended to read:

AB68,1491,18 601.31 (1) (w) For initial issuance and for each annual renewal of a license as an administrator or pharmacy benefit manager under ch. 633, $100.

AB68,2907 Section 2907 . 601.41 (12) of the statutes is created to read:

AB68,1491,24 601.41 (12) Employee misclassification outreach and education. The commissioner shall, on at least an annual basis, conduct outreach and education to persons subject to regulation under chs. 600 to 655 on how to identify the misclassification of employees as independent contractors and how to report suspected misclassifications to the appropriate federal and state agencies.

AB68,2908 Section 2908. 601.41 (13) of the statutes is created to read:

AB68,1492,6 601.41 (13) Value-based diabetes medication pilot project. The commissioner shall develop a pilot project to direct a pharmacy benefit manager, as defined in s. 632.865 (1) (c), and a pharmaceutical manufacturer to create a value-based, sole-source arrangement to reduce the costs of prescription medication used to treat diabetes. The commissioner may promulgate rules to implement this subsection.

AB68,2909 Section 2909 . 601.415 (3) of the statutes is repealed.

AB68,2910 Section 2910. 601.415 (14) of the statutes is created to read:

AB68,1492,14 601.415 (14) Patient pharmacy benefits tool. (a) From the appropriation under s. 20.145 (1) (a), beginning in the 2022-23 fiscal year, the office shall award grants in a total amount of up to $500,000 each fiscal year to health care providers to develop and implement a tool for prescribers to disclose the cost of prescription drugs for patients. The tool must be usable by physicians and other prescribers to determine the cost of prescription drugs for their patients.

AB68,1492,16 (b) Any health care provider that receives a grant under par. (a) shall contribute matching funds equal to at least 50 percent of the grant amount awarded.

AB68,2911 Section 2911 . 601.46 (3) (b) of the statutes is amended to read:

AB68,1492,20 601.46 (3) (b) A general review of the insurance business in this state, including a report on emerging regulatory problems, developments and trends , including trends related to prescription drugs;

AB68,2912 Section 2912. 601.575 of the statutes is created to read:

AB68,1493,2 601.575 Prescription drug importation program. (1) Importation program requirements. The commissioner, in consultation with persons interested in the sale and pricing of prescription drugs and appropriate officials and agencies of the federal government, shall design and implement a prescription drug importation program for the benefit of residents of this state, that generates savings for residents, and that satisfies all of the following:

AB68,1493,5 (a) The commissioner shall designate a state agency to become a licensed wholesale distributor or to contract with a licensed wholesale distributor and shall seek federal certification and approval to import prescription drugs.

AB68,1493,8 (b) The prescription drug importation program under this section shall comply with relevant requirements of 21 USC 384, including safety and cost savings requirements.

AB68,1493,11 (c) The prescription drug importation program under this section shall import prescription drugs from Canadian suppliers regulated under any appropriate Canadian or provincial laws.

AB68,1493,14 (d) The prescription drug importation program under this section shall have a process to sample the purity, chemical composition, and potency of imported prescription drugs.

AB68,1493,18 (e) The prescription drug importation program under this section shall import only those prescription drugs for which importation creates substantial savings for residents of the state and only those prescription drugs that are not brand-name drugs and that have fewer than 4 competitor prescription drugs in the United States.

AB68,1493,21 (f) The commissioner shall ensure that prescription drugs imported under the program under this section are not distributed, dispensed, or sold outside of the state.

AB68,1493,23 (g) The prescription drug importation program under this section shall ensure all of the following:

AB68,1493,25 1. Participation by any pharmacy or health care provider in the program is voluntary.

AB68,1494,2 2. Any pharmacy or health care provider participating in the program has the appropriate license or other credential in this state.

AB68,1494,5 3. Any pharmacy or health care provider participating in the program charges a consumer or health plan the actual acquisition cost of the imported prescription drug that is dispensed.

AB68,1494,9 (h) The prescription drug importation program under this section shall ensure that a payment by a health plan or health insurance policy for a prescription drug imported under the program reimburses no more than the actual acquisition cost of the imported prescription drug that is dispensed.

AB68,1494,12 (i) The prescription drug importation program under this section shall ensure that any health plan or health insurance policy participating in the program does all of the following:

AB68,1494,14 1. Maintains a formulary and claims payment system with current information on prescription drugs imported under the program.

AB68,1494,17 2. Bases cost-sharing amounts for participants or insureds under the plan or policy on no more than the actual acquisition cost of the prescription drug imported under the program that is dispensed to the participant or insured.

AB68,1494,20 3. Demonstrates to the commissioner or a state agency designated by the commissioner how premiums under the policy or plan are affected by savings on prescription drugs imported under the program.

AB68,1494,23 (j) Any wholesale distributor importing prescription drugs under the program under this section shall limit its profit margin to the amount established by the commissioner or a state agency designated by the commissioner.

AB68,1495,3 (k) The prescription drug importation program under this section may not import any generic prescription drug that would violate federal patent laws on branded products in this country.

AB68,1495,8 (L) The prescription drug importation program under this section shall comply to the extent practical and feasible, before the prescription drug to be imported comes into the possession of the state's wholesale distributor and fully after the prescription drug to be imported is in the possession of the state's wholesale distributor, with tracking and tracing requirements of 21 USC 360eee to 360eee-1.

AB68,1495,11 (m) The prescription drug importation program under this section shall establish a fee or other mechanism to finance the program that does not jeopardize significant savings to residents of the state.

AB68,1495,13 (n) The prescription drug importation program under this section shall have an audit function that ensures all of the following:

AB68,1495,16 1. The commissioner has a sound methodology to determine the most cost-effective prescription drugs to include in the importation program under this section.

AB68,1495,18 2. The commissioner has a process in place to select Canadian suppliers that are high quality, high performing, and in full compliance with Canadian laws.

AB68,1495,20 3. Prescription drugs imported under the program are pure, unadulterated, potent, and safe.

AB68,1495,22 4. The prescription drug importation program is complying with the requirements of this subsection.

AB68,1495,25 5. The prescription drug importation program under this section is adequately financed to support administrative functions of the program while generating significant cost savings to residents of the state.

AB68,1496,2 6. The prescription drug importation program under this section does not put residents of the state at a higher risk than if the program did not exist.

AB68,1496,4 7. The prescription drug importation program under this section provides and is projected to continue to provide substantial cost savings to residents of the state.

AB68,1496,7 (2) Anticompetitive behavior. The commissioner, in consultation with the attorney general, shall identify the potential for and monitor anticompetitive behavior in industries affected by a prescription drug importation program.

AB68,1496,18 (3) Approval of program design; certification. No later than the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], the commissioner shall submit to the joint committee on finance a report that includes the design of the prescription drug importation program in accordance with this section. The commissioner may not submit the proposed prescription drug importation program to the federal department of health and human services unless the joint committee on finance approves the proposed prescription drug implementation program. Within 14 days of the date of approval by the joint committee on finance of the proposed prescription drug importation program, the commissioner shall submit to the federal department of health and human services a request for certification of the approved prescription drug importation program.

AB68,1497,2 (4) Implementation of certified program. After the federal department of health and human services certifies the prescription drug importation program submitted under sub. (3), the commissioner shall begin implementation of the program, and the program shall be fully operational by 180 days after the date of certification by the federal department of health and human services. The commissioner shall do all of the following to implement the prescription drug importation program to the extent the action is in accordance with other state laws and the certification by the federal department of health and human services:

AB68,1497,5 (a) Become a licensed wholesale distributor, designate another state agency to become a licensed wholesale distributor, or contract with a licensed wholesale distributor.

AB68,1497,7 (b) Contract with one or more Canadian suppliers that meet the criteria in sub. (1) (c) and (n).

AB68,1497,11 (c) Create an outreach and marketing plan to communicate with and provide information to health plans and health insurance policies, employers, pharmacies, health care providers, and residents of the state on participating in the prescription drug importation program.

AB68,1497,14 (d) Develop and implement a registration process for health plans and health insurance policies, pharmacies, and health care providers interested in participating in the prescription drug importation program.

AB68,1497,16 (e) Create a publicly accessible source for listing prices of prescription drugs imported under the program.

AB68,1497,19 (f) Create, publicize, and implement a method of communication to promptly answer questions from and address the needs of persons affected by the implementation of the program before the program is fully operational.

AB68,1497,21 (g) Establish the audit functions under sub. (1) (n) with a timeline to complete each audit function every 2 years.

AB68,1497,24 (h) Conduct any other activities determined by the commissioner to be important to successful implementation of the prescription drug importation program under this section.