2017 - 2018 LEGISLATURE
July 14, 2017 - Introduced by Representatives Ballweg, Jacque, Subeck, Berceau,
Gannon, Horlacher, Kleefisch, Ripp, Spiros, Tittl and Genrich,
cosponsored by Senators Harsdorf, Olsen, Bewley, Feyen, Marklein, L.
, Vinehout and Wirch. Referred to Committee on Aging and
Long-Term Care.
AB444,1,4 1An Act to amend 450.115 (4) (a), 450.115 (4) (b) and 450.115 (4) (c); and to create
2450.115 (1) (am) and 450.115 (3) (d) of the statutes; relating to: hospice staff
3transferring the controlled substances of deceased persons to drug disposal
Analysis by the Legislative Reference Bureau
This bill authorizes a hospice worker to receive written authorization from a
personal representative or trustee of a deceased person's estate or trust, or an adult
beneficiary of the estate or trust, to lawfully transfer a controlled substance to a drug
disposal program that is authorized under state or federal law. Under the bill, the
authorization is valid only if it satisfies certain conditions, including that the
authorization describes the controlled substance with reasonable specificity and
that the authorization and the controlled substance were obtained by the hospice
worker without the payment of money or something else of value.
Under current law, a person may not, and it is often a crime to, deliver, receive,
or possess certain controlled substances unless the person is a licensed pharmacist
or other licensed practitioner, has a valid prescription for the controlled substance,
or lawfully possesses the controlled substance for the purpose of transferring it to a
drug disposal program that is authorized under state or federal law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1Section 1. 450.115 (1) (am) of the statutes is created to read:
AB444,2,32 450.115 (1) (am) “Hospice worker” means a person who is employed by a
3hospice, as defined in s. 50.90 (1).
AB444,2 4Section 2. 450.115 (3) (d) of the statutes is created to read:
AB444,2,85 450.115 (3) (d) A personal representative, trustee, or an adult beneficiary, as
6defined in s. 701.1102 (1m), of an estate or trust may grant written authorization to
7a hospice worker for the disposal of a controlled substance that belongs to the estate
8or trust.
AB444,3 9Section 3. 450.115 (4) (a) of the statutes is amended to read:
AB444,2,1110 450.115 (4) (a) The authorization describes with reasonable specificity each
11prescription drug or controlled substance that is to be disposed of.
AB444,4 12Section 4. 450.115 (4) (b) of the statutes is amended to read:
AB444,2,1813 450.115 (4) (b) The authorization is in the physical possession of the person
14authorized to dispose of the prescription drug or controlled substance and each
15prescription drug or controlled substance described in the authorization is, within
1624 hours after the authorization is signed by the person granting the authorization,
17transferred to a drug disposal program under s. 165.65 or otherwise lawfully
18disposed of.
AB444,5 19Section 5. 450.115 (4) (c) of the statutes is amended to read:
AB444,2,2120 450.115 (4) (c) The authorization and each prescription drug or controlled
to be disposed of were obtained without consideration.
AB444,2,2222 (End)