LRB-4827/1
CTS&PJK:kjf:pg
2005 - 2006 LEGISLATURE
May 1, 2006 - Introduced by Representatives Musser, Sinicki, Pettis, Turner,
Benedict, Petrowski, Hebl, Schneider, Kreuser, Kerkman, Albers, Berceau,
Young, Sheridan, Ott, Bies
and Owens, cosponsored by Senators Erpenbach
and Schultz. Referred to Committee on Health.
AB1210,1,5 1An Act to renumber 450.13 (2); to amend 448.02 (3) (a); to repeal and
2recreate
450.13 (2) (title); and to create 450.13 (2) (b) and 609.31 of the
3statutes; relating to: substitutions by pharmacists dispensing epilepsy drugs
4and requirements for health care plans regarding drug therapy and epilepsy
5drugs.
Analysis by the Legislative Reference Bureau
Under current law, a pharmacist is required to dispense a prescription using
the drug prescribed or, if the price is lower, a drug product that the federal Food and
Drug Administration has designated the therapeutic equivalent of the drug
prescribed (drug product equivalent). Currently, a pharmacist may not substitute
a drug product equivalent if a prescription indicates that no such substitution may
be made.
This bill prohibits a pharmacist from substituting a drug product equivalent if
the drug prescribed is a drug for treating epilepsy or for treating convulsions, unless
the pharmacist obtains and documents the consent of the prescribing practitioner
and the patient. Also, if a pharmacist is dispensing a refill of an epilepsy drug, the
bill requires the pharmacist to dispense the same drug product, from the same
manufacturer, that was previously dispensed, unless the pharmacist obtains and
documents the consent of the prescribing practitioner.
Under current law, a participating provider is a health care professional, a
health care facility, or a health care service or organization that is under contract

with a defined network plan, preferred provider plan, or limited service health
organization to provide services, items, or supplies to enrollees of the plan or
organization. This bill provides that a participating provider determines the
appropriate drug therapy for an enrollee. The bill prohibits an insurer offering a
defined network plan, preferred provider plan, or limited service health organization
from penalizing, financially or otherwise, a participating provider for prescribing, a
pharmacist for dispensing, or an enrollee for requesting a specific drug for the
treatment of epilepsy.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1210, s. 1 1Section 1. 448.02 (3) (a) of the statutes is amended to read:
AB1210,3,32 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
3and negligence in treatment by persons holding a license, certificate or limited
4permit granted by the board. An allegation that a physician has violated s. 253.10
5(3), 448.30 or 450.13 (2) (a) or has failed to mail or present a medical certification
6required under s. 69.18 (2) within 21 days after the pronouncement of death of the
7person who is the subject of the required certificate or that a physician has failed at
8least 6 times within a 6-month period to mail or present a medical certificate
9required under s. 69.18 (2) within 6 days after the pronouncement of death of the
10person who is the subject of the required certificate is an allegation of unprofessional
11conduct. Information contained in reports filed with the board under s. 49.45 (2) (a)
1212r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be
13investigated by the board. Information contained in a report filed with the board
14under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of
15negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the
16discretion of the board, be used as the basis of an investigation of a person named in
17the report. The board may require a person holding a license, certificate or limited

1permit to undergo and may consider the results of one or more physical, mental or
2professional competency examinations if the board believes that the results of any
3such examinations may be useful to the board in conducting its investigation.
AB1210, s. 2 4Section 2. 450.13 (2) (title) of the statutes is repealed and recreated to read:
AB1210,3,55 450.13 (2) (title) Exceptions.
AB1210, s. 3 6Section 3. 450.13 (2) of the statutes is renumbered 450.13 (2) (a).
AB1210, s. 4 7Section 4. 450.13 (2) (b) of the statutes is created to read:
AB1210,3,88 450.13 (2) (b) 1. In this paragraph, "epilepsy drug" means any of the following:
AB1210,3,99 a. A prescribed drug product for the treatment of epilepsy.
AB1210,3,1110 b. A prescribed drug product for the treatment or prevention of convulsions, if
11substitution of a drug product equivalent poses a risk to the health of the patient.
AB1210,3,1512 2. If a pharmacist dispenses an epilepsy drug, the pharmacist may not dispense
13the drug product equivalent to the epilepsy drug that is prescribed unless the
14pharmacist obtains and documents the consent of the practitioner who issued the
15prescription order and the patient for whom the drug product is prescribed.
AB1210,3,2116 3. If a pharmacist dispenses a refill of a prescription for an epilepsy drug for
17a patient or fills a new prescription order for an epilepsy drug for a patient upon the
18expiration of a prescription order for the same epilepsy drug, the pharmacist shall
19dispense the same drug product, from the same manufacturer, that was last
20dispensed, unless the pharmacist obtains and documents the consent of the
21practitioner who issued the prescription order.
AB1210, s. 5 22Section 5. 609.31 of the statutes is created to read:
AB1210,3,24 23609.31 Drug therapy. (1) Provider determines. A participating provider
24shall determine the appropriate drug therapy for an enrollee.
AB1210,4,5
1(2) Penalties prohibited for epilepsy drugs. An insurer offering a defined
2network plan, preferred provider plan, or limited service health organization may
3not penalize, financially or otherwise, a participating provider for prescribing, a
4pharmacist for dispensing, or an enrollee for requesting a specific drug for the
5treatment of epilepsy.
AB1210, s. 6 6Section 6. Initial applicability.
AB1210,4,127 (1) Drug therapy. If a contract between an insurer and a participating
8provider, between an insurer and a pharmacist, or between an insurer and an
9enrollee, that is in effect on the effective date of this subsection contains a provision
10that is inconsistent with the treatment of section 609.31 of the statutes, the
11treatment of section 609.31 of the statutes first applies to that contract on the date
12on which it is renewed.
AB1210,4,1313 (End)
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