2005 - 2006 LEGISLATURE
April 22, 2005 - Introduced by Representatives Sherman, Musser, Molepske,
Ainsworth, Freese, Lehman, Schneider, Zepnick, Black, Cullen, Benedict,
Pocan, Vruwink, Parisi, Seidel, Turner, Pope-Roberts and Sinicki,
cosponsored by Senators Carpenter, Jauch and Hansen. Referred to
Committee on Health.
AB357,1,2
1An Act to create 100.32 of the statutes;
relating to: advertising for prescription
2drugs.
Analysis by the Legislative Reference Bureau
This bill prohibits advertising for prescription drugs. This prohibition does not
apply to an advertisement that is broadcast from or is mailed or shipped to the
ultimate recipient of the advertisement from outside this state or to advertising sent
directly to pharmacists or to practitioners who are authorized to prescribe
prescription drugs.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB357, s. 1
3Section
1. 100.32 of the statutes is created to read:
AB357,1,7
4100.32 Prescription drug advertising.
(1) Except as provided in sub. (2),
5no person may advertise a prescription drug. In this subsection, "prescription drug"
6means a drug, drug product, or drug-containing preparation that is subject to
21
7USC 353 (b) or
21 CFR 201.105.
AB357,1,8
8(2) Subsection (1) does not apply to any of the following:
AB357,2,2
1(a) An advertisement that is broadcast from or is mailed or shipped to the
2ultimate recipient of the advertisement from outside this state.
AB357,2,43
(b) An advertisement that is sent directly to a practitioner, as defined in s.
4450.01 (17), or to a pharmacist licensed under s. 450.03.
AB357,2,96
(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.
AB357,2,1310
(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.
AB357,2,1714
(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.
AB357,2,2018
(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.
AB357,2,2421
(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.
AB357,3,4
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.
AB357,3,76
(1) This act first applies to advertisements broadcast or published on the
7effective date of this subsection.
AB357,3,109
(1)
This act takes effect on the first day of the 6th month beginning after
10publication.
