Bill

Bill > SB42


WI SB42

Permitting pharmacists to prescribe certain contraceptives, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)


summary

Introduced
02/12/2025
In Committee
03/14/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill permits a pharmacist to prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives, subject to limitations described as follows. The bill requires the Pharmacy Examining Board, after consultation with the Medical Examining Board, the Board of Nursing, and the Department of Health Services, to promulgate rules to establish standard procedures for the prescribing of contraceptives by pharmacists under the bill. The rules must require that pharmacists use a self-assessment questionnaire, developed in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, when prescribing a contraceptive. LRB-2068/1 JPC:cdc The self-assessment 2025 - 2026 Legislature SENATE BILL 42 questionnaire must state and the patient must acknowledge on the self-assessment questionnaire that a hormonal contraceptive patch or a self-administered oral hormonal contraceptive is not protection against sexually transmitted diseases, and that it is strongly recommended that the patient annually meet with a physician or other medical professional to discuss the patient[s prescribed hormonal contraceptive treatment and other routine preventive care. Under the bill, the rules promulgated by the Pharmacy Examining Board establishing standard procedures for the prescribing of contraceptives by pharmacists must include certain requirements for pharmacists such as requiring that the pharmacist report to the patient[s primary health care practitioner following a prescription and requiring that the contraceptive be dispensed as soon as practicable after the pharmacist issues the prescription order. Further, the rules must prohibit a pharmacist from prescribing or dispensing a contraceptive to a patient unless the patient has responded to the self-assessment questionnaire and undergone a blood pressure screening and unless the use of the contraceptive is not contraindicated based upon the results of the questionnaire and screening. A pharmacist who prescribes contraceptives as permitted under the bill must comply with those rules, as well as any other rules promulgated by the Pharmacy Examining Board. A pharmacist may only prescribe a contraceptive to a person who is at least 18 years of age. The bill requires any pharmacist who prescribes hormonal contraceptives as provided in the bill to have in effect malpractice liability insurance coverage in the amounts specified for other health care providers under current law. Finally, the bill requires that DHS ensure any contraceptives or contraceptive services that are covered under the Medical Assistance program are covered and reimbursed when prescribed, if a prescription is required under federal law, or provided by a pharmacist acting within the scope of his or her practice. The Medical Assistance program is a joint federal and state program that provides health services to individuals who have limited financial resources. The bill also requires DHS to certify pharmacists as providers of Medical Assistance services for the purposes of covering and reimbursing prescribed hormonal contraceptive patches and self-administered oral hormonal contraceptives. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill allows pharmacists to prescribe and dispense certain hormonal contraceptives to patients 18 and older, following specific guidelines established by the pharmacy examining board in consultation with medical boards. The bill defines hormonal contraceptive patches and self-administered oral hormonal contraceptives and outlines a detailed process for pharmacists to prescribe these medications, including requiring patients to complete a self-assessment questionnaire that highlights that these contraceptives do not protect against sexually transmitted diseases and recommends annual medical check-ups. Pharmacists must report the prescription to the patient's primary care provider, provide a written record of the prescription, and have malpractice liability insurance. The bill also mandates that the Medical Assistance department cover and reimburse these contraceptive services when prescribed by a pharmacist. Additionally, the bill introduces penalties for violations, with potential fines ranging from $250 to $2,500, and allows the pharmacy examining board to create emergency rules to implement these changes. The new regulations will take effect on January 1, 2026, with some provisions taking effect immediately upon publication.

Committee Categories

Health and Social Services

Sponsors (27)

Last Action

Representatives Emerson and Moore Omokunde added as cosponsors (on 05/13/2025)

bill text


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