SB74: Bill Text

LRB-1324/1

MED&CMH:cjs:cs

2015 - 2016 LEGISLATURE

2015 Senate BILL 74

March 10, 2015 - Introduced by Senators Vukmir, Carpenter, Cowles, Farrow, Gudex, LeMahieu, Marklein, Moulton, Nass, Ringhand, Vinehout and Wirch, cosponsored by Representatives Kitchens, Edming, Ballweg, Born, Brandtjen, E. Brooks, R. Brooks, Craig, Czaja, Kahl, Kremer, Krug, Kulp, Mursau, Murtha, Ripp, Rohrkaste, Spiros, Steffen, Thiesfeldt and Vorpagel. Referred to Committee on Health and Human Services.

SB74,1,3 An Act to amend 961.39 (3) (b); and to create 961.39 (2m) of the statutes; relating to: prescriptions for controlled substances issued by optometrists and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

Under current law, optometrists who satisfy certain criteria may, subject to certain limitations, prescribe and administer therapeutic pharmaceutical agents. These limitations include that an optometrist may prescribe or administer only schedule III, IV, and V controlled substances and may only prescribe or administer such a controlled substance if it is permitted for prescription or administration under rules promulgated by the Department of Safety and Professional Services (DSPS rules).

This bill allows an optometrist who satisfies the criteria for using therapeutic pharmaceutical agents to also prescribe or administer certain therapeutic pharmaceutical agents containing opioids, as detailed in the bill, if permitted under the DSPS rules.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB74,1 Section 1. 961.39 (2m) of the statutes is created to read:

SB74,2,3 961.39 (2m) Notwithstanding sub. (1), may prescribe, dispense, or administer any of the following, if permitted for prescription or administration under the rules promulgated under s. 449.18 (6) (cm):

SB74,2,6 (a) Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with a four-fold or greater quantity of an isoquinoline alkaloid of opium.

SB74,2,9 (b) Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

SB74,2 Section 2. 961.39 (3) (b) of the statutes is amended to read:

SB74,2,13 961.39 (3) (b) The indicated use of the controlled substance included in schedule III, IV, or V so prescribed or the indicated use of the controlled substance under sub. (2m) (a) or (b) so prescribed.

SB74,3 Section 3. Nonstatutory provisions.

SB74,3,2 (1) Using the procedure under section 227.24 of the statutes, the department of safety and professional services may promulgate rules under section 449.18 (6) (cm) of the statutes to account for section 961.39 (2m) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB74,3,3 (End)