LRBa2519/1
CTS:lmk:pg
2005 - 2006 LEGISLATURE
SENATE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 258
February 28, 2006 - Offered by Senator Carpenter.
AB258-SA1,1,21
At the locations indicated, amend the
bill, as shown by assembly substitute
2amendment 1, as follows:
AB258-SA1,1,6
6"
Section 1g. 100.32 of the statutes is created to read:
AB258-SA1,1,10
7100.32 Prescription drug advertising.
(1) Except as provided in sub. (2),
8no person may advertise a prescription drug. In this subsection, "prescription drug"
9means a drug, drug product, or drug-containing preparation that is subject to
21
10USC 353 (b) or
21 CFR 201.105.
AB258-SA1,1,11
11(2) Subsection (1) does not apply to any of the following:
AB258-SA1,1,1312
(a) An advertisement that is broadcast from or is mailed or shipped to the
13ultimate recipient of the advertisement from outside this state.
AB258-SA1,2,2
1(b) An advertisement that is sent directly to a practitioner, as defined in s.
2450.01 (17), or to a pharmacist licensed under s. 450.03.
AB258-SA1,2,96
(1) The legislature finds that prescription drug advertising that is directed to
7consumers undermines the efforts of this state to protect the health and welfare of
8the citizens of this state from drugs that are sufficiently dangerous to require a
9prescription from a licensed practitioner.
AB258-SA1,2,1310
(2) The legislature finds that prescription drug advertising that is directed to
11consumers undermines the efforts of this state to ensure that practitioners who are
12licensed to prescribe and administer prescription drugs do so on the basis of their
13independent professional judgment.
AB258-SA1,2,1714
(3) The legislature finds that the health and welfare of the citizens of this state
15has been threatened by prescription drugs that have been heavily advertised in the
16popular media and that have subsequently been determined to pose substantial risk
17to human health.
AB258-SA1,2,2018
(4) The legislature finds that prescription drug advertising that is directed to
19consumers is inherently misleading, in that it promotes the sale of products so
20dangerous that state law does not permit consumers to independently purchase.
AB258-SA1,2,2421
(5) The legislature finds that the increasing cost of prescription drugs poses a
22serious threat to the health of the citizens of this state, and that prescription drug
23advertising directed to consumers aggravates this threat by adding considerable cost
24to such drugs without concomitant benefit to the health of the citizens of this state.
AB258-SA1,3,4
1(6) The legislature finds that the provisions of section 100.32 of the statutes,
2as created by this act, constitute the least restrictive means of addressing the threats
3to the health and welfare of the citizens of this state by prescription drug advertising
4that is directed at consumers.
AB258-SA1,3,76
(1)
Advertisements. This act first applies to advertisements broadcast or
7published on the effective date of this subsection.
AB258-SA1,3,9
8(2) Prescription orders. This act first applies to prescription orders issued on
9the effective date of this subsection.
AB258-SA1, s. 4m
10Section 4m.
Effective dates. This act takes effect on the day after
11publication, except as follows:
AB258-SA1,3,1312
(1)
The creation of section 110.32 of the statutes and
Sections 2m and 3m (1)
13of this act take effect on the first day of the 6th month beginning after publication.".
