LRB-2493/3
DAK&CTS:jld:jf
2007 - 2008 LEGISLATURE
July 12, 2007 - Introduced by Senators Robson, Erpenbach, Risser, Lehman,
Taylor, Kreitlow, Wirch, Plale
and Sullivan, cosponsored by
Representatives Sinicki, Benedict, Berceau, Black, Boyle, Fields, Grigsby,
Gronemus, Hebl, Hilgenberg, Hintz, Hubler, Jorgensen, Kessler, Kreuser,
Mason, Nelson, Parisi, Pocan, Pope-Roberts, Richards, Schneider, Seidel,
Sheridan, Sherman, Shilling, Soletski, Toles, Travis, Turner, Vruwink,
Wasserman, Young
and Zepnick. Referred to Committee on Health and
Human Services.
SB232,1,3 1An Act to amend 20.927 (1g), 40.98 (1) (ag), 48.375 (2) (a), 69.01 (13m), 253.10
2(2) (a) and 939.75 (2) (a); and to create 450.09 (2m) of the statutes; relating
3to:
pharmacists, contraceptives, and the definition of abortion.
Analysis by the Legislative Reference Bureau
Under current law, pharmacists licensed in the state are held to certain practice
standards, and any pharmacist who fails to meet the practice standards may be
required to forfeit not less than $25 nor more than $50 for each offense, and may be
subject to disciplinary action. Disciplinary action may include a reprimand, denial,
limitation, suspension or revocation of the pharmacist's license, and a forfeiture of
not more than $1,000 for each offense.
This bill requires every pharmacist licensed in the state to dispense a valid
prescription for any contraceptive approved by the federal Food and Drug
Administration (FDA), unless the prescription is contraindicated for a particular
patient. The bill defines "abortion" to exclude any form of contraceptive that is
approved by the FDA.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB232, s. 1 4Section 1. 20.927 (1g) of the statutes is amended to read:
SB232,2,5
120.927 (1g) In this section, "abortion" means the intentional destruction of the
2life of an unborn child, and "unborn child" means a human being from the time of
3conception until it is born alive
an embryo or fetus, but does not include the use,
4administration, delivery, prescribing, or dispensing of any
5federal-food-and-drug-administration-approved contraceptive
.
SB232, s. 2 6Section 2. 40.98 (1) (ag) of the statutes is amended to read:
SB232,2,137 40.98 (1) (ag) "Abortion" means the use of an instrument, medicine, drug or
8other substance or device with intent to terminate the pregnancy of a woman known
9to be pregnant or for whom there is reason to believe that she may be pregnant and
10with intent other than to increase the probability of a live birth, to preserve the life
11or health of the infant after live birth or to remove a dead fetus. "Abortion" does not
12include the use, administration, delivery, prescribing, or dispensing of any
13federal-food-and-drug-administration-approved contraceptive.
SB232, s. 3 14Section 3. 48.375 (2) (a) of the statutes is amended to read:
SB232,2,2115 48.375 (2) (a) "Abortion" means the use of any instrument, medicine, drug or
16any other substance or device with intent to terminate the pregnancy of a minor after
17implantation of a fertilized human ovum and with intent other than to increase the
18probability of a live birth, to preserve the life or health of the infant after live birth
19or to remove a dead fetus. "Abortion" does not include the use, administration,
20delivery, prescribing, or dispensing of any
21federal-food-and-drug-administration-approved contraceptive.
SB232, s. 4 22Section 4. 69.01 (13m) of the statutes is amended to read:
SB232,3,223 69.01 (13m) "Induced abortion" means the termination of a uterine pregnancy
24by a physician of a woman known by the physician to be pregnant, for a purpose other
25than to produce a live birth or to remove a dead fetus, but does not include the use,

1administration, delivery, prescribing, or dispensing of any
2federal-food-and-drug-administration-approved contraceptive
.
SB232, s. 5 3Section 5. 253.10 (2) (a) of the statutes is amended to read:
SB232,3,104 253.10 (2) (a) "Abortion" means the use of an instrument, medicine, drug or
5other substance or device with intent to terminate the pregnancy of a woman known
6to be pregnant or for whom there is reason to believe that she may be pregnant and
7with intent other than to increase the probability of a live birth, to preserve the life
8or health of the infant after live birth or to remove a dead fetus. "Abortion" does not
9include the use, administration, delivery, prescribing, or dispensing of any
10federal-food-and-drug-administration-approved contraceptive.
SB232, s. 6 11Section 6. 450.09 (2m) of the statutes is created to read:
SB232,3,1512 450.09 (2m) Patients' rights. Every pharmacist has a duty to promptly
13dispense a valid prescription for any
14federal-food-and-drug-administration-approved contraceptive, unless such a
15prescription is contraindicated for a particular patient.
SB232, s. 7 16Section 7. 939.75 (2) (a) of the statutes is amended to read:
SB232,3,2317 939.75 (2) (a) In this subsection, "induced abortion" means the use of any
18instrument, medicine, drug or other substance or device in a medical procedure with
19the intent to terminate the pregnancy of a woman and with an intent other than to
20increase the probability of a live birth, to preserve the life or health of the infant after
21live birth or to remove a dead fetus, but does not include the use, administration,
22delivery, prescribing, or dispensing of any
23federal-food-and-drug-administration-approved contraceptive
.
SB232,3,2424 (End)
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