LRBs0138/1
CTS:lmk&cjs:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 207
June 14, 2005 - Offered by Representative Sinicki.
AB207-ASA1,1,4 1An Act to amend 20.927 (1g), 40.98 (1) (ag), 40.98 (1) (g), 48.375 (2) (a), 69.01
2(13m), 253.10 (2) (a) and 939.75 (2) (a); and to create 450.09 (2m) of the
3statutes; relating to: pharmacists, contraceptives, and the definition of
4abortion.
Analysis by the Legislative Reference Bureau
Under current law, pharmacists licensed in the state are held to certain practice
standards, and any pharmacist who fails to meet the practice standards may be
required to forfeit not less than $25 nor more than $50 for each offense, and may be
subject to disciplinary action. Disciplinary action may include a reprimand, a denial,
limitation, suspension or revocation of the pharmacist's license, and a forfeiture of
not more than $1000 for each offense. This substitute amendment requires all
pharmacists licensed in the state to administer, distribute, and dispense all
contraceptives that are approved by the federal Food and Drug Administration
(FDA), unless the contraceptive is contraindicated for a particular patient.

Also, the substitute amendment alters the definition of "abortion" under
certain provisions in current law. Under the substitute amendment, "abortion"
excludes any form of birth control that is approved by the FDA.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB207-ASA1, s. 1 1Section 1. 20.927 (1g) of the statutes is amended to read:
AB207-ASA1,2,62 20.927 (1g) In this section, "abortion" means the intentional destruction of the
3life of an unborn child, and "unborn child" means a human being from the time of
4conception until it is born alive
an embryo or fetus, but does not include the use,
5administration, delivery, prescribing, or dispensing of any
6federal-food-and-drug-administration-approved contraceptive
.
AB207-ASA1, s. 2 7Section 2. 40.98 (1) (ag) of the statutes is amended to read:
AB207-ASA1,2,148 40.98 (1) (ag) "Abortion" means the use of an instrument, medicine, drug or
9other substance or device with intent to terminate the pregnancy of a woman known
10to be pregnant or for whom there is reason to believe that she may be pregnant and
11with intent other than to increase the probability of a live birth, to preserve the life
12or health of the infant after live birth or to remove a dead fetus. "Abortion " does not
13include the use, administration, delivery, prescribing, or dispensing of any
14federal-food-and-drug-administration-approved contraceptive.
AB207-ASA1, s. 3 15Section 3. 40.98 (1) (g) of the statutes is amended to read:
AB207-ASA1,2,1916 40.98 (1) (g) "Nontherapeutic abortion" means an abortion that is not directly
17and medically necessary to prevent the death of the woman, but does not include the
18use, administration, delivery, prescribing, or dispensing of any
19federal-food-and-drug-administration-approved contraceptive
.
AB207-ASA1, s. 4 20Section 4. 48.375 (2) (a) of the statutes is amended to read:
AB207-ASA1,3,7
148.375 (2) (a) "Abortion" means the use of any instrument, medicine, drug or
2any other substance or device with intent to terminate the pregnancy of a minor after
3implantation of a fertilized human ovum and with intent other than to increase the
4probability of a live birth, to preserve the life or health of the infant after live birth
5or to remove a dead fetus. "Abortion " does not include the use, administration,
6delivery, prescribing, or dispensing of any
7federal-food-and-drug-administration-approved contraceptive.
AB207-ASA1, s. 5 8Section 5. 69.01 (13m) of the statutes is amended to read:
AB207-ASA1,3,139 69.01 (13m) "Induced abortion" means the termination of a uterine pregnancy
10by a physician of a woman known by the physician to be pregnant, for a purpose other
11than to produce a live birth or to remove a dead fetus, but does not include the use,
12administration, delivery, prescribing, or dispensing of any
13federal-food-and-drug-administration-approved contraceptive
.
AB207-ASA1, s. 6 14Section 6. 253.10 (2) (a) of the statutes is amended to read:
AB207-ASA1,3,2115 253.10 (2) (a) "Abortion" means the use of an instrument, medicine, drug or
16other substance or device with intent to terminate the pregnancy of a woman known
17to be pregnant or for whom there is reason to believe that she may be pregnant and
18with intent other than to increase the probability of a live birth, to preserve the life
19or health of the infant after live birth or to remove a dead fetus. "Abortion " does not
20include the use, administration, delivery, prescribing, or dispensing of any
21federal-food-and-drug-administration-approved contraceptive.
AB207-ASA1, s. 7 22Section 7. 450.09 (2m) of the statutes is created to read:
AB207-ASA1,3,2523 450.09 (2m) Patients' rights. Every pharmacist has a duty to administer,
24distribute, and dispense all federal-food-and-drug-administration-approved
25contraceptives, unless contraindicated for a particular patient.
AB207-ASA1, s. 8
1Section 8. 939.75 (2) (a) of the statutes is amended to read:
AB207-ASA1,4,82 939.75 (2) (a) In this subsection, "induced abortion" means the use of any
3instrument, medicine, drug or other substance or device in a medical procedure with
4the intent to terminate the pregnancy of a woman and with an intent other than to
5increase the probability of a live birth, to preserve the life or health of the infant after
6live birth or to remove a dead fetus, but does not include the use, administration,
7delivery, prescribing, or dispensing of any
8federal-food-and-drug-administration-approved contraceptive
.
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