Read the full stored bill text
Wisconsin Legislature: AB127: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB127: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-2283/1
JPC:cdc
2025 ASSEMBLY BILL 127
March 11, 2025 - Introduced by Representatives
Murphy
,
Sortwell
,
Behnke
,
Dittrich
and
Knodl
, cosponsored by Senators
Cabral-Guevara
and
Nass
. Referred to Committee on Health, Aging and Long-Term Care.
AB127,1,5
1
An Act
to repeal
450.095 (1) (a);
to amend
50.36 (6), 450.095 (title), 450.095
2
(2) (intro.), 450.095 (2) (a), 450.095 (2) (b) and 450.095 (2) (c);
to create
3
450.095 (1) (am), 450.095 (2) (am), 450.095 (2m) and 632.865 (6m) of the
4
statutes;
relating to:
the duty of a pharmacist to dispense lawfully prescribed
5
drugs and devices.
Analysis by the Legislative Reference Bureau
Under current law, a pharmacy has a duty to dispense lawfully prescribed contraceptive drugs and devices without delay unless certain factors apply, including that the prescription contains an obvious or known error or contains inadequate instructions, the prescription is contraindicated for the patient, the prescription is incompatible with another drug or device prescribed for the patient, or the prescription is potentially fraudulent. This bill expands that duty to require pharmacies to dispense any lawfully prescribed drug or device without delay. However, if any pharmacist at a pharmacy refuses to dispense a drug or device for reasons of conscience such that the pharmacy cannot fulfill the prescription order without delay, then the bill requires the pharmacy to transfer the prescription order to a different pharmacy, at the direction of the patient, that will dispense the prescribed drug or device without delay. The bill also specifies that a pharmacy may not dispense a lawfully prescribed drug or device if there is an absolute contraindication for the prescribed drug or device, rather than just a contraindication. Under the bill, “absolute contraindication” is defined to mean any condition present in a patient that makes a particular drug or device inadvisable under any circumstances.
Further, the bill prohibits a pharmacy benefit manager from penalizing in any way a pharmacy or pharmacist from dispensing a prescribed drug or device that is prescribed for a use other than a use approved by the federal Food and Drug Administration if the prescribed drug or device is dispensed pursuant to a valid prescription order.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB127,1
1
Section
1
.
50.36 (6) of the statutes is amended to read:
AB127,2,5
2
50.36
(6)
If the department receives a credible complaint that a pharmacy
3
located in a hospital has violated its duty to dispense
contraceptive
drugs and
4
devices under s. 450.095 (2), the department shall refer the complaint to the
5
department of safety and professional services.
AB127,2
6
Section
2
.
450.095 (title) of the statutes is amended to read:
AB127,2,7
7
450.095
(title)
Duty to dispense
contraceptives
.
AB127,3
8
Section
3
.
450.095 (1) (a) of the statutes is repealed.
AB127,4
9
Section
4
.
450.095 (1) (am) of the statutes is created to read:
AB127,2,13
10
450.095
(1)
(am) “Absolute contraindication” means any condition present in
11
a patient that renders a particular drug or device not safe to be used as prescribed
12
under any circumstance because of the severe or potentially life-threatening risks
13
involved.
AB127,5
14
Section
5
.
450.095 (2) (intro.) of the statutes is amended to read:
AB127,3,4
15
450.095
(2)
(intro.) Unless
one or more
any
of the following applies,
except as
1
provided in sub. (2m),
a pharmacy shall dispense
any
lawfully prescribed
2
contraceptive drugs and devices
drug or device
and shall deliver
contraceptive
3
drugs and devices restricted to distribution by a pharmacy
the drug or device
to
a
4
the
patient without delay:
AB127,6
5
Section
6
.
450.095 (2) (a) of the statutes is amended to read:
AB127,3,7
6
450.095
(2)
(a) The prescription
or prescription order
contains an obvious or
7
known error or contains inadequate instructions.
AB127,7
8
Section
7
.
450.095 (2) (am) of the statutes is created to read:
AB127,3,11
9
450.095
(2)
(am) A pharmacist determines after reviewing the prescription
10
order and the patient’s medical records that there is an absolute contraindication
11
for the prescribed drug or device.
AB127,8
12
Section
8
.
450.095 (2) (b) of the statutes is amended to read:
AB127,3,15
13
450.095
(2)
(b) The
prescription is contraindicated for the patient,
prescribed
14
drug or device
is incompatible with another drug or device prescribed for the
15
patient, or is prohibited by state or federal law.
AB127,9
16
Section
9
.
450.095 (2) (c) of the statutes is amended to read:
AB127,3,18
17
450.095
(2)
(c) The prescription
or prescription order
is potentially
18
fraudulent.
AB127,10
19
Section
10
.
450.095 (2m) of the statutes is created to read:
AB127,4,2
20
450.095
(2m)
If any pharmacist at a pharmacy refuses to dispense a lawfully
21
prescribed drug or device for reasons of conscience such that the pharmacy cannot
22
fulfill a prescription or prescription order without delay, then the pharmacy shall
23
transfer the prescription or prescription order to a different pharmacy, at the
1
direction of the patient, that will dispense the prescribed drug or device without
2
delay.
AB127,11
3
Section
11
.
632.865 (6m) of the statutes is created to read:
AB127,4,8
4
632.865
(6m)
Off-label therapies
. No pharmacy benefit manager may in
5
any way penalize a pharmacy or pharmacist for dispensing a prescribed drug or
6
device that is prescribed for a use other than a use approved by the federal food and
7
drug administration if the prescribed drug or device is dispensed pursuant to a
8
valid prescription order, as defined in s. 450.01 (21).
AB127,4,9
9
(end)
Down
Down
/2025/related/proposals/ab127
true
proposaltext
/2025/related/proposals/ab127
proposaltext/2025/REG/AB127
proposaltext/2025/REG/AB127
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB127: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting