AB817: Bill Text

Addition of substances to schedules II, IV and V

The bill places carfentanal in schedule II. The schedule II standard covers substances that have a high potential for abuse and a currently accepted medical use, and abuse of which may lead to severe psychological or physical dependence.

In addition, the bill places cathine and mefenorex in schedule IV. The schedule IV standard covers substances that have a low potential for abuse compared to substances in schedule III and a currently accepted medical use, and abuse of which may lead to limited psychological or physical dependence compared to substances in schedule III.

Finally, the bill places pyrovalerone in schedule V. The schedule V standard covers substances that have a low potential for abuse compared to substances in schedule IV and a currently accepted medical use, and abuse of which may lead to limited psychological or physical dependence compared to substances in schedule IV.

Prescription of controlled substances

Current law provides, with certain exceptions, that a controlled substance may be dispensed only directly by, or under the written prescription of, a practitioner (a person permitted to distribute, dispense or administer a controlled substance in the course of professional practice or research, such as a physician, dentist, veterinarian or scientific researcher, or an institution such as a hospital or pharmacy). This bill provides that a practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession. The bill also provides that a pharmacist is immune from any civil or criminal liability and from discipline by the pharmacy examining board for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

Also, under current law an advanced practice nurse may be certified by the board of nursing (board) to prescribe drugs if he or she satisfies the education, training and examination requirements established by the board by rule. The board must promulgate rules regulating the prescription of drugs by advanced practice nurses.

This bill provides that an advanced practice nurse who is certified to prescribe drugs may prescribe controlled substances only as permitted by the rules promulgated by the board that regulate the prescription of drugs by advanced practice nurses. The bill also provides that an advanced practice nurse certified to prescribe drugs may deliver a controlled substance to an ultimate user or research subject only by prescribing or administering the controlled substance, unless the rules promulgated by the board that regulate the prescription of drugs by advanced practice nurses permit other ways of delivering a controlled substance. Finally, the bill provides that an advanced practice nurse certified to prescribe drugs must include all of the following with a prescription order that he or she prepares for a controlled substance: 1) a statement that he or she is certified by the board to prescribe drugs; and 2) the indication use of the controlled substance that he or she is prescribing.

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:

AB817, s. 1 Section 1. 16.20 (1) (cg) of the statutes is amended to read:

AB817,9,9 16.20 (1) (cg) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" includes any physical disability or developmental disability, as defined in s. 51.01 (5) (a). "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 2 Section 2. 20.435 (6) (gb) of the statutes is amended to read:

AB817,10,4 20.435 (6) (gb) Alcohol and drug abuse initiatives. All moneys received from the state treasurer under s. 161.41 961.41 (5) (c), to be expended on programs providing prevention, intervention and treatment for alcohol and other drug abuse problems.

AB817, s. 3 Section 3. 20.475 (1) (i) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB817,10,12 20.475 (1) (i) Other employes. The amounts in the schedule to reimburse Milwaukee County for the costs of clerks necessary for the prosecution of violent crime cases under s. 978.13 (1) (c) and clerks providing clerical services under s. 978.13 (1) (b) to prosecutors handling cases involving felony violations under ch. 161 961. All moneys received under s. 814.635 (1m) shall be credited to this appropriation account.

AB817, s. 4 Section 4. 23.33 (1) (e) of the statutes is amended to read:

AB817,10,15 23.33 (1) (e) "Controlled substance" has the meaning specified under s. 161.01 961.01 (4).

AB817, s. 5 Section 5. 23.33 (1) (f) of the statutes is created to read:

AB817,10,18 23.33 (1) (f) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 6 Section 6. 23.33 (1) (i) of the statutes is amended to read:

AB817,10,21 23.33 (1) (i) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

AB817, s. 7 Section 7. 23.33 (13) (e) of the statutes is amended to read:

AB817,11,6 23.33 (13) (e) (title) Alcohol or, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB817, s. 8 Section 8. 30.50 (3g) of the statutes is amended to read:

AB817,11,9 30.50 (3g) "Controlled substance" has the meaning specified under s. 161.01 961.01 (4).

AB817, s. 9 Section 9. 30.50 (3h) of the statutes is created to read:

AB817,11,12 30.50 (3h) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 10 Section 10. 30.50 (4e) of the statutes is amended to read:

AB817,11,15 30.50 (4e) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

AB817, s. 11 Section 11. 30.80 (6) (d) of the statutes is amended to read:

AB817,11,25 30.80 (6) (d) (title) Alcohol or, controlled substances or controlled substance analogs; examination. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or, controlled substances or controlled substance analogs. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB817, s. 12 Section 12. 36.11 (21) of the statutes is amended to read:

AB817,12,10 36.11 (21) (title) Controlled substances and controlled substance analogs; discipline. Any student who engages in an activity, on campus or at an event sponsored by a center or institution or by the system, that constitutes a violation of ch. 161 961 is subject to nonacademic misconduct disciplinary sanctions, as provided by the board by rule. In determining the appropriate sanction, the board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a system environment that is free from controlled substances, as defined in s. 161.01 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

AB817, s. 13 Section 13. 38.12 (10) of the statutes is amended to read:

AB817,12,20 38.12 (10) (title) Controlled substances and controlled substance analogs; discipline. Each district board shall adopt rules providing nonacademic misconduct disciplinary sanctions for any student who engages in an activity, on district premises or at a district-sponsored event, that constitutes a violation of ch. 161 961. In determining the appropriate sanction, the district board or its designee shall consider those penalties, including suspension and expulsion, that will contribute most effectively to maintaining a school environment free from controlled substances, as defined in s. 161.01 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m).

AB817, s. 14 Section 14. 46.03 (18) (fm) of the statutes is amended to read:

AB817,13,3 46.03 (18) (fm) Notwithstanding par. (a), any person who submits to an assessment under s. 161.472 961.472 shall pay a fee to the appropriate county department under s. 51.42. The department of health and social services shall set fees for each county department under s. 51.42 designed to offset all the costs to the county in providing the assessment program. The department of health and social services shall provide for the reduction or waiver of the fee for persons who are unable to pay the complete fee.

AB817, s. 15 Section 15. 46.238 (title) of the statutes is amended to read:

AB817,13,6 46.238 (title) Infants whose mothers abuse controlled substances or controlled substance analogs.

AB817, s. 16 Section 16. 46.60 (title) of the statutes is renumbered 961.34 (title).

AB817, s. 17 Section 17. 46.60 (1) of the statutes is repealed.

AB817, s. 18 Section 18. 46.60 (2) (title) of the statutes is repealed.

AB817, s. 19 Section 19. 46.60 (2) of the statutes is renumbered 961.34 and amended to read:

AB817,13,19 961.34 Upon the request of any practitioner, the controlled substances board shall aid the practitioner in applying for and processing an investigational drug permit for marijuana under 21 USC 355 (i). If the federal food and drug administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies can distribute the marijuana to patients upon written prescription. Only pharmacies located within hospitals are eligible to receive the marijuana for distribution. The controlled substances board shall also approve which practitioners can write prescriptions for the marijuana.

AB817, s. 20 Section 20. 46.715 (1) (intro.) of the statutes is amended to read:

AB817,14,3 46.715 (1) (intro.) Within the limits of the availability of federal funds, the department shall, from the appropriation under s. 20.435 (7) (mb), award not more than $1,200,000 in each fiscal year to fund programs to limit violence and abuse of controlled substances and controlled substance analogs in neighborhoods, including funding for the creation of Wisconsin against drug environments centers and for the use of neighborhood organizers, culturally representative alcohol and other drug abuse trainers, community speakers and persons to monitor certain court actions, as grants to any of the following applying entities:

AB817, s. 21 Section 21. 46.973 (1) (a) of the statutes is amended to read:

AB817,14,6 46.973 (1) (a) "Drug" means a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

AB817, s. 22 Section 22. 46.973 (2m) (c) 2. of the statutes is amended to read:

AB817,14,9 46.973 (2m) (c) 2. The use and abuse of each controlled substances substance or controlled substance analog specified in ch. 161 961.

AB817, s. 23 Section 23. 48.02 (1e) of the statutes is amended to read:

AB817,14,15 48.02 (1e) "Alcohol and other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages or, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

AB817, s. 24 Section 24. 48.02 (2d) of the statutes is amended to read:

AB817,14,17 48.02 (2d) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).

AB817, s. 25 Section 25. 48.02 (2e) of the statutes is created to read:

AB817,14,20 48.02 (2e) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 26 Section 26. 48.17 (2) (c) of the statutes is amended to read:

AB817,15,7 48.17 (2) (c) The citation procedures described in ch. 800 shall govern proceedings involving children in municipal court, except that this chapter shall govern the taking and holding of a child in custody. When a child is before the court assigned to exercise jurisdiction under this chapter upon a citation alleging the child to have violated a civil law or municipal ordinance, the procedures specified in s. 48.237 shall apply. If a citation is issued to a child, the issuing agency shall notify the child's parent or guardian within 7 days. The agency issuing a citation to a child who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 48.24 for informational purposes only.

AB817, s. 27 Section 27. 48.17 (2) (d) of the statutes is amended to read:

AB817,15,23 48.17 (2) (d) If a municipal court finds that the child violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 48.343 (1), (2), (4), (5), (6), (7) or (8). If a child fails to pay the forfeiture imposed by the municipal court, the court shall not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 nor more than 90 days, or suspend the child's operating privilege, as defined in s. 340.01 (40), for not less than 30 nor more than 90 days. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

AB817, s. 28 Section 28. 48.17 (2) (e) of the statutes is amended to read:

AB817,16,4 48.17 (2) (e) If a municipal court finds that a child violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s. 48.344.

AB817, s. 29 Section 29. 48.18 (1) (a) 1. of the statutes is amended to read:

AB817,16,9 48.18 (1) (a) 1. If the child is alleged to have attempted to violate s. 940.01 on or after the child's 14th birthday or is alleged to have violated s. 161.41 (1), 940.01, 940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31 or , 943.10 (2) or 961.41 (1) on or after the child's 14th birthday.

AB817, s. 30 Section 30. 48.18 (1) (a) 2. of the statutes is amended to read:

AB817,16,14 48.18 (1) (a) 2. If the child is alleged to have committed, on or after the child's 14th birthday, a violation, at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult.

AB817, s. 31 Section 31. 48.24 (2m) (a) 1. of the statutes is amended to read:

AB817,16,17 48.24 (2m) (a) 1. Any child alleged to have committed a violation specified under ch. 161 961.

AB817, s. 32 Section 32. 48.24 (2m) (a) 3. of the statutes is amended to read:

AB817,16,22 48.24 (2m) (a) 3. Any child alleged to have committed any offense which appears to the intake worker to be directly motivated by the child's need to purchase or otherwise obtain alcohol beverages or, controlled substances or controlled substance analogs.

AB817, s. 33 Section 33. 48.245 (2) (a) 3. of the statutes is amended to read:

AB817,17,6 48.245 (2) (a) 3. That the child submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) and that is conducted by an approved treatment facility for an examination of the child's use of alcohol beverages or, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects.

AB817, s. 34 Section 34. 48.245 (2) (a) 4. of the statutes is amended to read:

AB817,17,12 48.245 (2) (a) 4. That the child participate in an alcohol and other drug abuse outpatient treatment program or an education program relating to the abuse of alcohol beverages or, controlled substances or controlled substance analogs, if an alcohol and other drug abuse assessment conducted under subd. 3. recommends outpatient treatment or education.

AB817, s. 35 Section 35. 48.295 (1c) (b) of the statutes is amended to read:

AB817,17,15 48.295 (1c) (b) The child was adjudicated delinquent on the basis of an offense specified in ch. 161 961.

AB817, s. 36 Section 36. 48.295 (1c) (c) of the statutes is amended to read:

AB817,17,20 48.295 (1c) (c) The greater weight of the evidence at a fact-finding hearing indicates that any offense which formed the basis for the adjudication was motivated by the child's need to purchase or otherwise obtain alcohol beverages or, controlled substances or controlled substance analogs.

AB817, s. 37 Section 37. 48.295 (1g) of the statutes is amended to read:

AB817,18,7 48.295 (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the child is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the child is in need of treatment for abuse of alcohol beverages or , controlled substances or controlled substance analogs or education relating to the use of alcohol beverages and, controlled substances and controlled substance analogs and, if so, shall recommend a service plan and an appropriate treatment, from an approved treatment facility, or a court-approved education program.

AB817, s. 38 Section 38. 48.31 (4) of the statutes is amended to read:

AB817,19,3 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to (11m). In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. In cases alleging a child delinquent or in need of protection or services under s. 48.13 (12) the court shall make findings relating to the proof of the violation of law and to the proof that the child named in the petition committed the violation alleged.

AB817, s. 39 Section 39. 48.31 (4) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

AB817,19,22 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

AB817, s. 40 Section 40. 48.32 (1g) (intro.) of the statutes is amended to read:

AB817,20,4 48.32 (1g) (intro.) If the petition alleges that the child committed a violation specified under ch. 161 961 and if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family and social effects, the judge or juvenile court commissioner may establish as a condition under sub. (1) any of the following:

AB817, s. 41 Section 41. 48.34 (4r) (a) of the statutes is amended to read: