SB719,5 11Section 5 . 49.45 (18) (b) 8. of the statutes is created to read:
SB719,8,1212 49.45 (18) (b) 8. Prescription drugs.
SB719,6 13Section 6 . 255.056 (2g) of the statutes is created to read:
SB719,8,1914 255.056 (2g) The department may partner with out-of-state drug repository
15programs. The department may authorize a medical facility or pharmacy that elects
16to participate in the drug repository program to receive drugs or supplies from out
17of state, and the department may authorize an out-of-state entity that participates
18in a partner out-of-state drug repository program to receive drugs or supplies from
19Wisconsin.
SB719,7 20Section 7 . 450.085 (3) of the statutes is created to read:
SB719,8,2321 450.085 (3) An applicant for renewal of a license under s. 450.08 (2) (a) may
22count, for purposes of the continuing education requirement under sub. (1), up to 10
23hours spent as a volunteer at a free and charitable clinic approved by the board.
SB719,8 24Section 8 . 601.31 (1) (nv) of the statutes is created to read:
SB719,9,2
1601.31 (1) (nv) For issuing or renewing a license as a pharmaceutical
2representative under s. 632.863, an amount to be set by the commissioner by rule.
SB719,9 3Section 9 . 601.31 (1) (nw) of the statutes is created to read:
SB719,9,64 601.31 (1) (nw) For issuing or renewing a license as a pharmacy services
5administrative organization under s. 632.864, an amount to be set by the
6commissioner by rule.
SB719,10 7Section 10 . 601.41 (13) of the statutes is created to read:
SB719,9,138 601.41 (13) Value-based diabetes medication pilot project. The
9commissioner shall develop a pilot project to direct a pharmacy benefit manager, as
10defined in s. 632.865 (1) (c), and a pharmaceutical manufacturer to create a
11value-based, sole-source arrangement to reduce the costs of prescription medication
12used to treat diabetes. The commissioner may promulgate rules to implement this
13subsection.
SB719,11 14Section 11 . 601.415 (14) of the statutes is created to read:
SB719,9,2015 601.415 (14) Patient pharmacy benefits tool. (a) From the appropriation
16under s. 20.145 (1) (a), beginning in the 2024-25 fiscal year, the office shall award
17grants in a total amount of up to $500,000 each fiscal year to health care providers
18to develop and implement a tool for prescribers to disclose the cost of prescription
19drugs for patients. The tool must be usable by physicians and other prescribers to
20determine the cost of prescription drugs for their patients.
SB719,9,2221 (b) Any health care provider that receives a grant under par. (a) shall contribute
22matching funds equal to at least 50 percent of the grant amount awarded.
SB719,12 23Section 12 . 601.575 of the statutes is created to read:
SB719,9,25 24601.575 Prescription drug importation program. (1) Importation
25program requirements.
The commissioner, in consultation with persons interested

1in the sale and pricing of prescription drugs and appropriate officials and agencies
2of the federal government, shall design and implement a prescription drug
3importation program for the benefit of residents of this state, that generates savings
4for residents, and that satisfies all of the following:
SB719,10,75 (a) The commissioner shall designate a state agency to become a licensed
6wholesale distributor or to contract with a licensed wholesale distributor and shall
7seek federal certification and approval to import prescription drugs.
SB719,10,98(b) The program shall comply with relevant requirements of 21 USC 384,
9including safety and cost savings requirements.
SB719,10,1110 (c) The program shall import prescription drugs from Canadian suppliers
11regulated under any appropriate Canadian or provincial laws.
SB719,10,1312 (d) The program shall have a process to sample the purity, chemical
13composition, and potency of imported prescription drugs.
SB719,10,1714 (e) The program shall import only those prescription drugs for which
15importation creates substantial savings for residents of this state and only those
16prescription drugs that are not brand-name drugs and that have fewer than 4
17competitor prescription drugs in the United States.
SB719,10,1918 (f) The commissioner shall ensure that prescription drugs imported under the
19program are not distributed, dispensed, or sold outside of this state.
SB719,10,2020 (g) The program shall ensure all of the following:
SB719,10,2221 1. Participation by any pharmacy or health care provider in the program is
22voluntary.
SB719,10,2423 2. Any pharmacy or health care provider participating in the program has the
24appropriate license or other credential in this state.
SB719,11,3
13. Any pharmacy or health care provider participating in the program charges
2a consumer or health plan the actual acquisition cost of the imported prescription
3drug that is dispensed.
SB719,11,74 (h) The program shall ensure that a payment by a health plan or health
5insurance policy for a prescription drug imported under the program reimburses no
6more than the actual acquisition cost of the imported prescription drug that is
7dispensed.
SB719,11,98 (i) The program shall ensure that any health plan or health insurance policy
9participating in the program does all of the following:
SB719,11,1110 1. Maintains a formulary and claims payment system with current information
11on prescription drugs imported under the program.
SB719,11,1412 2. Bases cost-sharing amounts for participants or insureds under the plan or
13policy on no more than the actual acquisition cost of the prescription drug imported
14under the program that is dispensed to the participant or insured.
SB719,11,1715 3. Demonstrates to the commissioner or a state agency designated by the
16commissioner how premiums under the plan or policy are affected by savings on
17prescription drugs imported under the program.
SB719,11,2018 (j) Any wholesale distributor importing prescription drugs under the program
19shall limit its profit margin to the amount established by the commissioner or a state
20agency designated by the commissioner.
SB719,11,2221 (k) The program may not import any generic prescription drug that would
22violate federal patent laws on branded products in the United States.
SB719,12,223(L) The program shall comply with tracking and tracing requirements of 21
24USC 360eee
and 360eee-1, to the extent practical and feasible, before the
25prescription drug to be imported comes into the possession of this state's wholesale

1distributor and fully after the prescription drug to be imported is in the possession
2of this state's wholesale distributor.
SB719,12,43 (m) The program shall establish a fee or other mechanism to finance the
4program that does not jeopardize significant savings to residents of this state.
SB719,12,55 (n) The program shall have an audit function that ensures all of the following:
SB719,12,76 1. The commissioner has a sound methodology to determine the most
7cost-effective prescription drugs to include in the program.
SB719,12,98 2. The commissioner has a process in place to select Canadian suppliers that
9are high quality, high performing, and in full compliance with Canadian laws.
SB719,12,1110 3. Prescription drugs imported under the program are pure, unadulterated,
11potent, and safe.
SB719,12,1212 4. The program is complying with the requirements of this subsection.
SB719,12,1413 5. The program is adequately financed to support administrative functions of
14the program while generating significant cost savings to residents of this state.
SB719,12,1615 6. The program does not put residents of this state at a higher risk than if the
16program did not exist.
SB719,12,1817 7. The program provides and is projected to continue to provide substantial cost
18savings to residents of this state.
SB719,12,21 19(2) Anticompetitive behavior. The commissioner, in consultation with the
20attorney general, shall identify the potential for and monitor anticompetitive
21behavior in industries affected by a prescription drug importation program.
SB719,13,6 22(3) Approval of program design; certification. No later than the first day of
23the 7th month beginning after the effective date of this subsection .... [LRB inserts
24date], the commissioner shall submit to the joint committee on finance a report that
25includes the design of the prescription drug importation program in accordance with

1this section. The commissioner may not submit the proposed program to the federal
2department of health and human services unless the joint committee on finance
3approves the proposed program. Within 14 days of the date of approval by the joint
4committee on finance of the proposed program, the commissioner shall submit to the
5federal department of health and human services a request for certification of the
6approved program.
SB719,13,14 7(4) Implementation of certified program. After the federal department of
8health and human services certifies the prescription drug importation program
9submitted under sub. (3), the commissioner shall begin implementation of the
10program, and the program shall be fully operational by 180 days after the date of
11certification by the federal department of health and human services. The
12commissioner shall do all of the following to implement the program to the extent the
13action is in accordance with other state laws and the certification by the federal
14department of health and human services:
SB719,13,1715 (a) Become a licensed wholesale distributor, designate another state agency to
16become a licensed wholesale distributor, or contract with a licensed wholesale
17distributor.
SB719,13,1918 (b) Contract with one or more Canadian suppliers that meet the criteria in sub.
19(1) (c) and (n).
SB719,13,2220 (c) Create an outreach and marketing plan to communicate with and provide
21information to health plans and health insurance policies, employers, pharmacies,
22health care providers, and residents of this state on participating in the program.
SB719,13,2523 (d) Develop and implement a registration process for health plans and health
24insurance policies, pharmacies, and health care providers interested in participating
25in the program.
SB719,14,2
1(e) Create a publicly accessible source for listing prices of prescription drugs
2imported under the program.
SB719,14,53 (f) Create, publicize, and implement a method of communication to promptly
4answer questions from and address the needs of persons affected by the
5implementation of the program before the program is fully operational.
SB719,14,76 (g) Establish the audit functions under sub. (1) (n) with a timeline to complete
7each audit function every 2 years.
SB719,14,98 (h) Conduct any other activities determined by the commissioner to be
9important to successful implementation of the program.
SB719,14,11 10(5) Report. By January 1 and July 1 of each year, the commissioner shall
11submit to the joint committee on finance a report including all of the following:
SB719,14,1312 (a) A list of prescription drugs included in the prescription drug importation
13program under this section.
SB719,14,1614 (b) The number of pharmacies, health care providers, and health plans and
15health insurance policies participating in the prescription drug importation program
16under this section.
SB719,14,2117 (c) The estimated amount of savings to residents of this state, health plans and
18health insurance policies, and employers resulting from the implementation of the
19prescription drug importation program under this section reported from the date of
20the previous report under this subsection and from the date the program was fully
21operational.
SB719,14,2322 (d) Findings of any audit functions under sub. (1) (n) completed since the date
23of the previous report under this subsection.
SB719,14,25 24(6) Rulemaking. The commissioner may promulgate any rules necessary to
25implement this section.
SB719,13
1Section 13 . 609.83 of the statutes is amended to read:
SB719,15,4 2609.83 Coverage of drugs and devices. Limited service health
3organizations, preferred provider plans, and defined network plans are subject to ss.
4632.853, 632.861, and 632.895 (6) (b), (16t), and (16v).
SB719,14 5Section 14 . 632.863 of the statutes is created to read:
SB719,15,6 6632.863 Pharmaceutical representatives. (1) Definitions. In this section:
SB719,15,97 (a) “Health care professional” means a physician or other health care
8practitioner who is licensed to provide health care services or to prescribe
9pharmaceutical or biologic products.
SB719,15,1110 (b) “Pharmaceutical” means a medication that may legally be dispensed only
11with a valid prescription from a health care professional.
SB719,15,1412 (c) “Pharmaceutical representative” means an individual who markets or
13promotes pharmaceuticals to health care professionals on behalf of a pharmaceutical
14manufacturer for compensation.
SB719,15,1815 (d) “Wholesale acquisition cost” means the most recently reported
16manufacturer list or catalog price for a brand-name or generic drug available to
17wholesalers or direct purchasers in the United States, before application of
18discounts, rebates, or reductions in price.
SB719,15,24 19(2) Licensure. (a) No individual may act as a pharmaceutical representative
20in this state without being licensed by the commissioner as a pharmaceutical
21representative under this section. In order to obtain a license, the individual shall
22apply to the commissioner in the form and manner prescribed by the commissioner.
23The term of a license issued under this paragraph is one year and is renewable. The
24application to obtain or renew a license shall include all of the following information:
SB719,16,2
11. The applicant's full name, residence address and telephone number, and
2business address and telephone number.
SB719,16,33 2. A description of the type of work in which the applicant will engage.
SB719,16,44 3. The fee under s. 601.31 (1) (nv).
SB719,16,65 4. An attestation that the applicant meets the professional education
6requirements under sub. (3).
SB719,16,77 5. Proof that the applicant has paid any assessed penalties and fees.
SB719,16,88 6. Any other information required by the commissioner.
SB719,16,149 (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.
SB719,16,1715 (c) A pharmaceutical representative licensed under par. (a) shall display the
16pharmaceutical representative's license during each visit with a health care
17professional.
SB719,16,22 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.
SB719,17,223 (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.
SB719,17,63 (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.
SB719,17,87 (d) The commissioner shall regularly designate courses that fulfill the
8requirements under this subsection and publish a list of the designated courses.
SB719,17,139 (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.
SB719,17,17 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:
SB719,17,2018 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.
SB719,17,2421 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.
SB719,18,3
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.
SB719,18,9 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.
SB719,18,14 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:
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