SB 548

This bill requires a pharmaceutical representative to be licensed by the Office

of the Commissioner of Insurance and to display his or her license during each visit

with a health care professional. The bill defines “pharmaceutical representative” to

mean an individual who markets or promotes pharmaceuticals to health care

professionals on behalf of a pharmaceutical manufacturer for compensation.

Under the bill, the license must be annually renewed. The application to obtain

or renew a license must include the applicant's contact information, a description of

the type of work in which he or she will engage, an attestation that the professional

education requirements are met, the license fee, proof that any penalties and other

fees are paid, and any other information required by OCI. Under the bill, the license

fee is set by the commissioner. The bill requires the pharmaceutical representative

to report, within four business days, any change to the information provided on the

application or any material change to his or her business operations or other

information required to be reported under the bill.

The bill requires that a pharmaceutical representative complete a professional

education course prior to becoming licensed and to annually complete at least five

hours of continuing professional education. The coursework must include, at a

minimum, training in ethical standards, whistleblower protections, and the laws

and rules applicable to pharmaceutical marketing. The bill directs the commissioner

to regularly publish a list of courses that fulfill the education requirements. Under

the bill, a course provider must disclose any conflict of interest and the courses may

not be provided by an employer of a pharmaceutical representative or be funded by

the pharmaceutical industry or a third party funded by the industry.

The bill requires that, no later than June 1 of each year, a pharmaceutical

representative report to OCI his or her total number of contacts with health care

professionals in Wisconsin, the specialties of those health care professionals, the

location and duration of each contact, the pharmaceuticals discussed, and the value

of any item provided to a health care professional. The bill directs the commissioner

to publish the information on OCI's website, without identifying individual health

care professionals.

The bill requires that a pharmaceutical representative, during each contact

with a health care professional, disclose the wholesale acquisition cost of any

pharmaceuticals discussed and the names of at least three generic prescription

drugs from the same therapeutic class.

The bill directs the commissioner to promulgate ethical standards for

pharmaceutical representatives. Additionally, the bill prohibits a pharmaceutical

representative from engaging in deceptive or misleading marketing of a

pharmaceutical product; using a title or designation that could reasonably lead a

licensed health care professional, or an employee or representative of such a

professional, to believe that he or she is licensed to practice in a health occupation