LRBs0047/1
CTS:kjf:nwn
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 12
April 13, 2007 - Offered by Representative Schneider.
AB12-ASA1,1,3
1An Act to create 450.087 of the statutes;
relating to: gifts given or offered by
2prescription drug manufacturers and distributors to encourage practitioners to
3prescribe certain drugs and providing a penalty.
Analysis by the Legislative Reference Bureau
This substitute amendment prohibits any person who manufactures or
distributes prescription drugs (manufacturer) in this state from giving, or offering
to give, anything of monetary value to any practitioner to encourage the practitioner
to issue prescriptions for that manufacturer's drugs. Current law defines a
practitioner to mean any person who is licensed in this state to prescribe and
administer drugs or who is licensed in another state and recognized by this state as
a person authorized to prescribe and administer drugs. The prohibition created
under the substitute amendment does not apply to gifts given or offers made by a
manufacturer to a practitioner who is a relative of that manufacturer, to product
samples or devices given by a manufacturer to a practitioner for delivery to a patient,
or to scientific literature for use by a practitioner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB12-ASA1,2,3
2450.087 Prohibited practices. (1) In this section, "relative" has the meaning
3given under s. 13.62 (12g).
AB12-ASA1,2,7
4(2) (a)
Except as provided in par. (b), no manufacturer or distributor may give,
5or offer to give, anything of monetary value to any practitioner to encourage that
6practitioner to issue prescription orders for a drug manufactured or distributed by
7that manufacturer or distributor.
AB12-ASA1,2,88
(b) Paragraph (a) does not apply to any of the following:
AB12-ASA1,2,109
1. Gifts given or offers made by a manufacturer or distributor to a practitioner
10who is a relative of the manufacturer or distributor.
AB12-ASA1,2,1211
2. Product samples or devices given by a manufacturer or distributor to a
12practitioner for delivery to a patient.
AB12-ASA1,2,1313
3. Scientific literature for use by a practitioner.
AB12-ASA1,2,16
14(3) Any person who violates sub. (2) shall be fined not more than $10,000 for
15each violation. Each act of giving or offering to give something of monetary value to
16a practitioner in violation of sub. (2) constitutes a separate offense.
