Amendment ASA1-SB40

SB40-ASA1, s. 2691 Section 2691. 349.19 of the statutes is amended to read:

SB40-ASA1,1453,3 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) to the department of workforce development children and families or a county child support agency under under s. 59.53 (5).

SB40-ASA1, s. 2692 Section 2692. 350.055 of the statutes is renumbered 350.055 (1) and amended to read:

SB40-ASA1,1453,23 350.055 (1) The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB40-ASA1,1454,3 (2) A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB40-ASA1, s. 3453m Section 3453m. 440.03 (9) (b) of the statutes is amended to read:

SB40-ASA1,1454,23 440.03 (9) (b) A recommended change to each fee specified under s. 440.05 (1) for an initial credential for which an examination is not required, under s. 440.05 (2) for a reciprocal credential and under s. 440.08 (2) (a) for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) prior to and during that budget period. In preparing its recommendations under this paragraph, the department shall utilize timekeeping data tracking the allocation of staff hours to administrative and enforcement activities relating to each regulated profession from the 4 most recent years in which the department collected the timekeeping data for the entire year. The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.

SB40-ASA1, s. 2693 Section 2693. 440.03 (11m) (am) of the statutes is amended to read:

SB40-ASA1,1455,6 440.03 (11m) (am) If an applicant specified in par. (a) 1. or 2. is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40-ASA1, s. 2694 Section 2694. 440.03 (11m) (c) of the statutes is amended to read:

SB40-ASA1,1455,13 440.03 (11m) (c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of workforce development children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

SB40-ASA1, s. 2695 Section 2695. 440.03 (12m) of the statutes is amended to read:

SB40-ASA1,1455,20 440.03 (12m) The department of regulation and licensing shall cooperate with the departments of justice, children and families, and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.

SB40-ASA1, s. 3462q Section 3462q. 440.05 (intro.) of the statutes is amended to read:

SB40-ASA1,1455,24 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), and 450.071 (3):

SB40-ASA1, s. 3465p Section 3465p. 440.08 (2) (a) 28. of the statutes is repealed.

SB40-ASA1, s. 3465q Section 3465q. 440.08 (2) (a) 72. of the statutes is created to read:

SB40-ASA1,1456,4 440.08 (2) (a) 72. Wholesale distributor of prescription drugs: June 1 of each even-numbered year; $300, except that before June 1, 2010, the amount of the renewal fee is $350.

SB40-ASA1, s. 2696 Section 2696. 440.13 (1) (b) of the statutes is amended to read:

SB40-ASA1,1456,8 440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development children and families under s. 49.857.

SB40-ASA1, s. 2697 Section 2697. 440.13 (2) (a) of the statutes is amended to read:

SB40-ASA1,1456,16 440.13 (2) (a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

SB40-ASA1, s. 2698 Section 2698. 440.13 (2) (b) of the statutes is amended to read:

SB40-ASA1,1456,22 440.13 (2) (b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

SB40-ASA1, s. 2699 Section 2699. 440.43 (5) of the statutes is amended to read:

SB40-ASA1,1457,5 440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2700 Section 2700. 440.44 (10) of the statutes is amended to read:

SB40-ASA1,1457,13 440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2701 Section 2701. 440.92 (6) (d) of the statutes is amended to read:

SB40-ASA1,1457,20 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the board are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2702 Section 2702. 441.15 (3) (b) of the statutes is amended to read:

SB40-ASA1,1458,7 441.15 (3) (b) On or before the applicable renewal date specified under s. 440.08 (2) (a), a person issued a license under par. (a) and practicing nurse-midwifery shall submit to the board on furnished forms a statement giving his or her name, residence, and other information that the board requires by rule, with the applicable renewal fee specified under s. 440.08 (2) (a). If applicable, the person shall also submit evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (bm). The board shall grant to a person who pays the fee specified under s. 440.08 (2) (a) for renewal of a license to practice nurse-midwifery and who satisfies the requirements of this paragraph the renewal of his or her license to practice nurse-midwifery and the renewal of his or her license to practice as a registered nurse.

SB40-ASA1, s. 2703 Section 2703. 449.17 (8) of the statutes is amended to read:

SB40-ASA1,1458,11 449.17 (8) Reimbursement prohibited. No optometrist may be reimbursed under s. 49.46 (2) (a) 3. or 49.471 (11) for any increase in charges or separate charge which is attributable to the use of topical ocular diagnostic pharmaceutical agents.

SB40-ASA1, s. 3526a Section 3526a. 450.01 (1p) of the statutes is created to read:

SB40-ASA1,1458,14 450.01 (1p) "Affiliated group" has the meaning given in section 1504 of the Internal Revenue Code.

SB40-ASA1, s. 3526b Section 3526b. 450.01 (1t) of the statutes is created to read:

SB40-ASA1,1458,18 450.01 (1t) "Authenticate" means to affirmatively verify, before wholesale distribution of a prescription drug occurs, that each transaction listed on a pedigree has occurred.

SB40-ASA1, s. 3626c Section 3626c. 450.01 (1x) of the statutes is created to read:

SB40-ASA1,1458,24 450.01 (1x) "Authorized distributor of record" means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drug. For purposes of this subsection, an ongoing relationship exists between a wholesale distributor and a manufacturer if all of the following apply:

SB40-ASA1,1459,3 (a) The wholesale distributor, including any affiliated group of the wholesale distributor, has in effect a written agreement with the manufacturer evidencing the ongoing relationship.

SB40-ASA1,1459,6 (b) The wholesale distributor, including any affiliated group of the wholesale distributor, is included in the manufacturer's current list of authorized distributors of record.

SB40-ASA1, s. 3626d Section 3626d. 450.01 (2m) of the statutes is created to read:

SB40-ASA1,1459,11 450.01 (2m) "Colicensed" means, with respect to a partner or product, that 2 or more parties have the right to engage in marketing or manufacturing of a product consistent with the federal food and drug administration's implementation of the federal prescription drug marketing act.

SB40-ASA1, s. 3526e Section 3526e. 450.01 (9m) of the statutes is created to read:

SB40-ASA1,1459,16 450.01 (9m) "Drop shipment" means a sale of a prescription drug to a wholesale distributor by the manufacturer of the drug, by the manufacturer's colicensed product partner, by the manufacturer's 3rd-party logistics provider, or by the manufacturer's exclusive distributor, to which all of the following apply:

SB40-ASA1,1459,18 (a) The wholesale distributor or chain pharmacy warehouse takes title to, but not physical possession of, the drug.

SB40-ASA1,1459,20 (b) The wholesale distributor invoices a pharmacy, a chain pharmacy warehouse, or a person authorized to dispense or administer the drug to a patient.

SB40-ASA1,1459,24 (c) The pharmacy, chain pharmacy warehouse, or person authorized to dispense or administer the drug receives delivery of the drug directly from the manufacturer, the manufacturer's 3rd-party logistics provider, or the manufacturer's exclusive distributor.

SB40-ASA1, s. 3526f Section 3526f. 450.01 (11m) of the statutes is created to read:

SB40-ASA1,1460,2 450.01 (11m) "Facility" means a location where a wholesale distributor stores, handles, repackages, or offers for sale prescription drugs.

SB40-ASA1, s. 3526g Section 3526g. 450.01 (11r) of the statutes is created to read:

SB40-ASA1,1460,7 450.01 (11r) "Intracompany sales" means any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity or any transaction or transfer between colicensees of a colicensed product.

SB40-ASA1, s. 3526h Section 3526h. 450.01 (12) of the statutes is amended to read:

SB40-ASA1,1460,13 450.01 (12) "Manufacturer" means a person licensed by the board under s. 450.07 (1) or approved by the federal food and drug administration to engage in the manufacture of drugs or devices, consistent with the definition of "manufacturer" under the federal food and drug administration's regulations and interpreted guidances implementing the federal prescription drug marketing act.

SB40-ASA1, s. 3526i Section 3526i. 450.01 (12m) of the statutes is created to read:

SB40-ASA1,1460,19 450.01 (12m) "Manufacturer's exclusive distributor" means a person that contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer and who takes title to the manufacturer's prescription drug but who does not have general responsibility to direct the sale or disposition of the drug.

SB40-ASA1, s. 3526j Section 3526j. 450.01 (13r) of the statutes is created to read:

SB40-ASA1,1461,2 450.01 (13r) (a) "Normal distribution channel" means a chain of custody for a prescription drug that runs, directly or by drop shipment, from the manufacturer of a drug, from the manufacturer to the manufacturer's colicensed partner, from the manufacturer to the manufacturer's 3rd-party logistics provider, or from the manufacturer to the manufacturer's exclusive distributor, and continues as described in any of the following:

SB40-ASA1,1461,4 1. To a pharmacy or to a person authorized to dispense or administer a drug to a patient.

SB40-ASA1,1461,6 2. To an authorized distributor of record, and then to a pharmacy or to a person authorized to dispense or administer a drug to a patient.

SB40-ASA1,1461,8 3. To an authorized distributor of record, then to one other authorized distributor of record, then to an office-based practitioner.

SB40-ASA1,1461,13 (b) For purposes of this subsection, a distribution of a prescription drug to a warehouse or to another entity that redistributes the drug by intracompany sale to a pharmacy or to another person authorized to dispense or administer the drug constitutes a distribution to the pharmacy or to the person authorized to dispense or administer the drug.

SB40-ASA1, s. 3526k Section 3526k. 450.01 (14m) of the statutes is created to read:

SB40-ASA1,1461,16 450.01 (14m) "Pedigree" means a document or electronic file containing information that records each distribution of a prescription drug.

SB40-ASA1, s. 3526L Section 3526L. 450.01 (21e) of the statutes is created to read:

SB40-ASA1,1461,20 450.01 (21e) "Repackage" means to repack or otherwise change the container, wrapper, or label of a prescription drug, except that "repackage" does not include any of the following:

SB40-ASA1,1461,22 (a) An action by a pharmacist with respect to a prescription drug that the pharmacist is dispensing.

SB40-ASA1,1462,2 (b) An action by a pharmacist who receives a prescription drug or device that the pharmacist dispensed to a patient, if, after altering the packaging or labeling of the prescription drug or device, the pharmacist returns the prescription drug or device to the patient.

SB40-ASA1, s. 3526m Section 3526m. 450.01 (21m) of the statutes is created to read:

SB40-ASA1,1462,4 450.01 (21m) "Repackager" means a person that repackages.

SB40-ASA1, s. 3526n Section 3526n. 450.01 (21s) of the statutes is created to read:

SB40-ASA1,1462,10 450.01 (21s) "Third-party logistics provider" means a person that contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of the manufacturer but that does not take title to the manufacturer's prescription drug or have general responsibility to direct the prescription drug's sale or disposition.

SB40-ASA1, s. 3526o Section 3526o. 450.01 (23) of the statutes is created to read:

SB40-ASA1,1462,14 450.01 (23) "Wholesale distribution" means distribution of a prescription drug to a person other than a consumer or patient, but does not include any of the following:

SB40-ASA1,1462,15 (a) Intracompany sales of prescription drugs.

SB40-ASA1,1462,18 (b) The sale, purchase, distribution, trade, or transfer of a prescription drug or offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons.

SB40-ASA1,1462,20 (c) The distribution of prescription drug samples, if the distribution is permitted under 21 CFR 353 (d).

SB40-ASA1,1462,22 (d) Drug returns, when conducted by a hospital, health care entity, or charitable institution as provided in 21 CFR 203.23.

SB40-ASA1,1462,25 (e) The sale of minimal quantities, as defined by the board in an administrative rule, of prescription drugs by retail pharmacies to licensed practitioners for office use.

SB40-ASA1,1463,2 (f) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription.

SB40-ASA1,1463,5 (g) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy from or with another pharmacy, whether accomplished as a purchase and sale of stock or business assets.

SB40-ASA1,1463,11 (h) The sale, purchase, distribution, trade, or transfer of a prescription drug from one authorized distributor of record to one additional authorized distributor of record, if the manufacturer states in writing to the receiving authorized distributor of record that the manufacturer is unable to supply the drug and the supplying authorized distributor of record states in writing that the drug has previously been exclusively in the normal distribution channel.

SB40-ASA1,1463,15 (i) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs, if the common carrier does not store, warehouse, or take legal ownership of the drug.

SB40-ASA1,1463,17 (j) A transaction excluded from the definition of "wholesale distribution" under 21 CFR 203.3 (cc).

SB40-ASA1,1463,18 (k) The donation or distribution of a prescription drug under s. 255.056.

SB40-ASA1, s. 3526p Section 3526p. 450.01 (24) of the statutes is created to read:

SB40-ASA1,1464,2 450.01 (24) "Wholesale distributor" means a person engaged in the wholesale distribution of prescription drugs, including manufacturers, repackagers, own-label distributors, private label distributors, jobbers, brokers, warehouses, including manufacturers' and distributors' warehouses, manufacturers' exclusive distributors, manufacturers' authorized distributors of record, prescription drug wholesalers and distributors, independent wholesale prescription drug traders, 3rd-party logistics providers, retail pharmacies that conduct wholesale distribution, and chain pharmacy warehouses that conduct wholesale distribution.

SB40-ASA1, s. 3530a Section 3530a. 450.07 (title) of the statutes is amended to read: