AB748,16,65 4. An attestation that the applicant meets the professional education
6requirements under sub. (3).
AB748,16,77 5. Proof that the applicant has paid any assessed penalties and fees.
AB748,16,88 6. Any other information required by the commissioner.
AB748,16,149 (b) The pharmaceutical representative licensed under par. (a) shall report, in
10writing, to the commissioner any change to the information submitted on an
11application under par. (a) or any material change to the pharmaceutical
12representative's business operations or to any information provided under this
13section. The pharmaceutical representative shall make the report no later than 4
14business days after the change or material change occurs.
AB748,16,1715 (c) A pharmaceutical representative licensed under par. (a) shall display the
16pharmaceutical representative's license during each visit with a health care
17professional.
AB748,16,22 18(3) Professional education requirements. (a) In order to become initially
19licensed under sub. (2) (a), a pharmaceutical representative shall complete a
20professional education course as determined by the commissioner. A pharmaceutical
21representative shall, upon request, provide the commissioner with proof of the
22coursework's completion.
AB748,17,223 (b) In order to renew a license under sub. (2) (a), a pharmaceutical
24representative shall complete a minimum of 5 hours of continuing professional

1education courses. A pharmaceutical representative shall, upon request, provide the
2commissioner with proof of the coursework's completion.
AB748,17,63 (c) The professional education coursework required under pars. (a) and (b) shall
4include training in ethical standards, whistleblower protections, laws and rules
5applicable to pharmaceutical marketing, and other subjects that the commissioner
6may identify by rule.
AB748,17,87 (d) The commissioner shall regularly designate courses that fulfill the
8requirements under this subsection and publish a list of the designated courses.
AB748,17,139 (e) The professional education coursework required under this subsection may
10not be provided by the employer of a pharmaceutical representative or be funded, in
11any way, by the pharmaceutical industry or a 3rd party funded by the
12pharmaceutical industry. A provider of a course designated under par. (d) shall
13disclose any conflict of interest.
AB748,17,17 14(4) Disclosure to commissioner. (a) No later than June 1 of each year, a
15pharmaceutical representative licensed under sub. (2) (a) shall provide to the
16commissioner, in the manner prescribed by the commissioner, all of the following
17information from the previous calendar year:
AB748,17,2018 1. The total number of times the pharmaceutical representative contacted
19health care professionals in this state and the specialties of the health care
20professionals contacted.
AB748,17,2421 2. For each contact with a health care professional in this state, the location and
22duration of the contact, the pharmaceuticals for which the pharmaceutical
23representative provided information, and the value of any item, including a product
24sample, compensation, material, or gift, provided to the health care professional.
AB748,18,3
1(b) The commissioner shall publish the information received under par. (a) on
2the commissioner's website in a manner in which individual health care
3professionals are not identifiable by name or other identifiers.
AB748,18,9 4(5) Disclosure to health care professionals. During each contact with a
5health care professional, a pharmaceutical representative licensed under sub. (2) (a)
6shall disclose the wholesale acquisition cost of any pharmaceutical for which the
7pharmaceutical representative provides information and the names of at least 3
8generic prescription drugs from the same therapeutic class or, if 3 are not available,
9as many as are available for prescriptive use.
AB748,18,14 10(6) Ethical standards. The commissioner shall promulgate rules that contain
11ethical standards for pharmaceutical representatives and shall publish the ethical
12standards on the commissioner's website. A pharmaceutical representative licensed
13under sub. (2) (a) shall comply with the ethical standards contained in the rules and
14may not do any of the following:
AB748,18,1715 (a) Engage in deceptive or misleading marketing of a pharmaceutical,
16including the knowing concealment, suppression, omission, misleading
17representation, or misstatement of a material fact.
AB748,18,2218 (b) Use a title or designation that could reasonably lead a licensed health care
19professional, or an employee or representative of a licensed health care professional,
20to believe that the pharmaceutical representative is licensed to practice medicine,
21nursing, dentistry, optometry, pharmacy, or other similar health occupation in this
22state unless the pharmaceutical representative holds that license to practice.
AB748,18,2323 (c) Attend a patient examination without the patient's consent.
AB748,19,3
1(7) Enforcement. (a) Any individual who violates this section shall be fined
2not less than $1,000 nor more than $3,000 for each offense. Each day of continued
3violation constitutes a separate offense.
AB748,19,94 (b) The commissioner may suspend or revoke the license of a pharmaceutical
5representative who violates this section. A suspended or revoked license may not be
6reinstated until the pharmaceutical representative remedies all violations related
7to the suspension or revocation and pays all assessed penalties and fees. A
8pharmaceutical representative whose license is revoked for any cause may not be
9issued a license under sub. (2) (a) until at least 2 years after the date of revocation.
AB748,19,1310 (c) A health care professional who meets with a pharmaceutical representative
11who does not display the pharmaceutical representative's license or share the
12information required under sub. (5) may report the pharmaceutical representative
13to the commissioner.
AB748,19,14 14(8) Rules. The commissioner may promulgate rules to implement this section.
AB748,15 15Section 15 . 632.864 of the statutes is created to read:
AB748,19,17 16632.864 Pharmacy services administrative organizations. (1)
17Definitions. In this section:
AB748,19,1818 (a) “Administrative service” means any of the following:
AB748,19,1919 1. Assisting with claims.
AB748,19,2020 2. Assisting with audits.
AB748,19,2121 3. Providing centralized payment.
AB748,19,2222 4. Performing certification in a specialized care program.
AB748,19,2323 5. Providing compliance support.
AB748,19,2424 6. Setting flat fees for generic drugs.
AB748,19,2525 7. Assisting with store layout.
AB748,20,1
18. Managing inventory.
AB748,20,22 9. Providing marketing support.
AB748,20,33 10. Providing management and analysis of payment and drug dispensing data.
AB748,20,44 11. Providing resources for retail cash cards.
AB748,20,75 (b) “Independent pharmacy" means a pharmacy operating in this state that is
6licensed under s. 450.06 or 450.065 and is under common ownership with no more
7than 2 other pharmacies.
AB748,20,88 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
AB748,20,109 (d) “Pharmacy services administrative organization” means an entity
10operating in this state that does all of the following:
AB748,20,1211 1. Contracts with an independent pharmacy to conduct business on the
12independent pharmacy's behalf with a 3rd-party payer.
AB748,20,1513 2. Provides at least one administrative service to an independent pharmacy
14and negotiates and enters into a contract with a 3rd-party payer or pharmacy benefit
15manager on behalf of the independent pharmacy.
AB748,20,1816 (e) “Third-party payer” means an entity, including a plan sponsor, health
17maintenance organization, or insurer, operating in this state that pays or insures
18health, medical, or prescription drug expenses on behalf of beneficiaries.
AB748,20,23 19(2) Licensure. (a) No person may operate as a pharmacy services
20administrative organization in this state without being licensed by the commissioner
21as a pharmacy services administrative organization under this section. In order to
22obtain a license, the person shall apply to the commissioner in the form and manner
23prescribed by the commissioner. The application shall include all of the following:
AB748,20,2524 1. The name, address, telephone number, and federal employer identification
25number of the applicant.
AB748,21,2
12. The name, business address, and telephone number of a contact person for
2the applicant.
AB748,21,33 3. The fee under s. 601.31 (1) (nw).
AB748,21,44 4. Evidence of financial responsibility of at least $1,000,000.
AB748,21,55 5. Any other information required by the commissioner.
AB748,21,76 (b) The term of a license issued under par. (a) shall be 2 years from the date of
7issuance.
AB748,21,11 8(3) Disclosure to the commissioner. (a) A pharmacy services administrative
9organization licensed under sub. (2) shall disclose to the commissioner the extent of
10any ownership or control of the pharmacy services administrative organization by
11an entity that does any of the following:
AB748,21,1212 1. Provides pharmacy services.
AB748,21,1313 2. Provides prescription drug or device services.
AB748,21,1514 3. Manufactures, sells, or distributes prescription drugs, biologicals, or medical
15devices.
AB748,21,1816 (b) A pharmacy services administrative organization licensed under sub. (2)
17shall notify the commissioner in writing within 5 days of any material change in its
18ownership or control relating to an entity described in par. (a).
AB748,21,19 19(4) Rules. The commissioner may promulgate rules to implement this section.
AB748,16 20Section 16 . 632.865 (2m) of the statutes is created to read:
AB748,21,2421 632.865 (2m) Fiduciary duty and disclosures to health benefit plan
22sponsors.
(a) A pharmacy benefit manager owes a fiduciary duty to the health
23benefit plan sponsor to act according to the health benefit plan sponsor's instructions
24and in the best interests of the health benefit plan sponsor.
AB748,22,3
1(b) A pharmacy benefit manager shall annually provide, no later than the date
2and using the method prescribed by the commissioner by rule, the health benefit plan
3sponsor all of the following information from the previous calendar year:
AB748,22,54 1. The indirect profit received by the pharmacy benefit manager from owning
5any interest in a pharmacy or service provider.
AB748,22,76 2. Any payment made by the pharmacy benefit manager to a consultant or
7broker who works on behalf of the health benefit plan sponsor.
AB748,22,118 3. From the amounts received from all drug manufacturers, the amounts
9retained by the pharmacy benefit manager, and not passed through to the health
10benefit plan sponsor, that are related to the health benefit plan sponsor's claims or
11bona fide service fees.
AB748,22,1612 4. The amounts, including pharmacy access and audit recovery fees, received
13from all pharmacies that are in the pharmacy benefit manager's network or have a
14contract to be in the network and, from these amounts, the amount retained by the
15pharmacy benefit manager and not passed through to the health benefit plan
16sponsor.
AB748,17 17Section 17 . 632.868 of the statutes is created to read:
AB748,22,18 18632.868 Insulin safety net programs. (1) Definitions. In this section:
AB748,22,2019 (a) “Manufacturer" means a person engaged in the manufacturing of insulin
20that is self-administered on an outpatient basis.
AB748,22,2121 (b) “Navigator" has the meaning given in s. 628.90 (3).
AB748,22,2322 (c) “Patient assistance program” means a program established by a
23manufacturer under sub. (3) (a).
AB748,22,2424 (d) “Pharmacy" means an entity licensed under s. 450.06 or 450.065.
AB748,23,3
1(e) “Urgent need of insulin" means having less than a 7-day supply of insulin
2readily available for use and needing insulin in order to avoid the likelihood of
3suffering a significant health consequence.
AB748,23,54 (f) “Urgent need safety net program” means a program established by a
5manufacturer under sub. (2) (a).
AB748,23,9 6(2) Urgent need safety net program. (a) Establishment of program. No later
7than July 1, 2024, each manufacturer shall establish an urgent need safety net
8program to make insulin available in accordance with this subsection to individuals
9who meet the eligibility requirements under par. (b).
AB748,23,1110 (b) Eligible individual. An individual shall be eligible to receive insulin under
11an urgent need safety net program if all of the following conditions are met:
AB748,23,1212 1. The individual is in urgent need of insulin.
AB748,23,1313 2. The individual is a resident of this state.
AB748,23,1414 3. The individual is not receiving public assistance under ch. 49.
AB748,23,1915 4. The individual is not enrolled in prescription drug coverage through an
16individual or group health plan that limits the total cost sharing amount, including
17copayments, deductibles, and coinsurance, that an enrollee is required to pay for a
1830-day supply of insulin to no more than $75, regardless of the type or amount of
19insulin prescribed.
AB748,23,2120 5. The individual has not received insulin under an urgent need safety net
21program within the previous 12 months, except as allowed under par. (d).
AB748,23,2522 (c) Provision of insulin under an urgent need safety net program. 1. In order
23to receive insulin under an urgent need safety net program, an individual who meets
24the eligibility requirements under par. (b) shall provide a pharmacy with all of the
25following:
AB748,24,4
1a. A completed application, on a form prescribed by the commissioner that shall
2include an attestation by the individual, or the individual's parent or legal guardian
3if the individual is under the age of 18, that the individual meets all of the eligibility
4requirements under par. (b).
AB748,24,55 b. A valid insulin prescription.
AB748,24,86 c. A valid Wisconsin driver's license or state identification card. If the
7individual is under the age of 18, the individual's parent or legal guardian shall meet
8this requirement.
AB748,24,169 2. Upon receipt of the information described in subd. 1. a. to c., the pharmacist
10shall dispense a 30-day supply of the prescribed insulin to the individual. The
11pharmacy shall also provide the individual with the information sheet described in
12sub. (8) (b) 2. and the list of navigators described in sub. (8) (c). The pharmacy may
13collect a copayment, not to exceed $35, from the individual to cover the pharmacy's
14costs of processing and dispensing the insulin. The pharmacy shall notify the health
15care practitioner who issued the prescription no later than 72 hours after the insulin
16is dispensed.
AB748,24,2417 3. A pharmacy that dispenses insulin under subd. 2. may submit to the
18manufacturer, or the manufacturer's vendor, a claim for payment that is in
19accordance with the national council for prescription drug programs' standards for
20electronic claims processing, except that no claim may be submitted if the
21manufacturer agrees to send the pharmacy a replacement of the same insulin in the
22amount dispensed. If the pharmacy submits an electronic claim, the manufacturer
23or vendor shall reimburse the pharmacy in an amount that covers the pharmacy's
24acquisition cost.
AB748,25,2
14. A pharmacy that dispenses insulin under subd. 2. shall retain a copy of the
2application form described in subd. 1. a.
AB748,25,93 (d) Eligibility of certain individuals. An individual who has applied for public
4assistance under ch. 49 but for whom a determination of eligibility has not been made
5or whose coverage has not become effective or an individual who has an appeal
6pending under sub. (3) (c) 4. may access insulin under this subsection if the
7individual is in urgent need of insulin. To access a 30-day supply of insulin, the
8individual shall attest to the pharmacy that the individual is described in this
9paragraph and comply with par. (c) 1.
AB748,25,14 10(3) Patient assistance program. (a) Establishment of program. No later than
11July 1, 2024, each manufacturer shall establish a patient assistance program to
12make insulin available in accordance with this subsection to individuals who meet
13the eligibility requirements under par. (b). Under the patient assistance program,
14the manufacturer shall do all of the following:
AB748,25,1715 1. Provide the commissioner with information regarding the patient assistance
16program, including contact information for individuals to call for assistance in
17accessing the patient assistance program.
AB748,25,1918 2. Provide a hotline for individuals to call or access between 8 a.m. and 10 p.m.
19on weekdays and between 10 a.m. and 6 p.m. on Saturdays.
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