AB817: Bill Text

Under current law, CSB may add a substance to a schedule, move a scheduled substance to a different schedule or remove a substance from the schedules of controlled substances. In deciding how to treat a substance, CSB must consider all of the following factors: 1) the actual or relative potential for abuse of the substance; 2) the scientific evidence of the substance's pharmacological effect, if known; 3) the state of current scientific knowledge regarding the substance; 4) the history and current pattern of abuse of the substance; 5) the scope, duration and significance of abuse of the substance; 6) the risk of the substance to public health; 7) the potential of the substance to produce psychic or physical dependence; and 8) whether the substance is an immediate precursor. After considering these factors, CSB must make findings concerning the factors and promulgate a rule controlling the substance if it finds the substance has a potential for abuse.

In addition, if a substance is designated, rescheduled or removed as a controlled substance under federal law and notice of the designation, rescheduling or removal is given to CSB, CSB must treat the substance in the same way federal law treats it unless CSB objects to the treatment of the substance by federal law. If CSB objects to the treatment of the substance by federal law, CSB must publish its reasons for objecting and hold a hearing. At the conclusion of the hearing, CSB must publish its decision, which is final unless altered by the legislature by law.

This bill makes the following changes in the procedure for adding, rescheduling or removing a substance as a controlled substance:

1. Under the bill, CSB may, without considering the 8 factors specified above, include a controlled substance analog in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II if: a) CSB finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety; b) the substance is not included in any other schedule or no exemption or approval is in effect for the substance under federal law; and c) CSB begins a standard proceeding for scheduling the substance. In addition, if CSB receives notice from a district attorney that he or she has started a prosecution against a person for the unlawful manufacture, distribution or possession of a controlled substance analog, CSB must initiate emergency scheduling of the controlled substance analog as provided under the bill. The emergency scheduling of a substance under the bill expires one year after the adoption of the scheduling rule or upon the conclusion of the standard proceeding for scheduling the substance.

2. The bill provides that, in addition to CSB, any party interested in the designation, rescheduling or removal of a substance under federal law may object to CSB having to treat that substance in the same way federal law treats it. The bill also specifies that after a hearing on an objection, whether made by CSB or another interested party, CSB must make findings concerning the 8 factors specified above.

3. The bill provides that CSB may add a substance to a schedule without considering the 8 factors specified above if the substance is controlled under that schedule under federal law by a federal agency as the result of an international treaty, convention or protocol.

4. The bill provides that CSB may consider findings of the federal food and drug administration or the drug enforcement administration as sufficient evidence of any of the 8 factors specified above.

5. The bill provides that CSB may, without considering the 8 factors specified above, add an immediate precursor to the same schedule as that of the controlled substance of which it is an immediate precursor or to any other schedule.

Definition of isomer

Current law refers in various places to isomers of particular controlled substances. (An isomer is a chemical compound that has the same chemical elements in the same proportion as a substance included in a schedule, but which has a different structure than that substance.) Current law does not define "isomer", and the references to isomer in current law include references both to isomers generally, without any specific limitation, and to specific kinds of isomers that have physical or psychological effects that are similar to a substance included in a schedule. This bill defines "isomer" to include only an isomer that merits treatment as a controlled substance because it is structurally similar enough to have physical or psychological effects that are similar to the physical or psychological effects of the controlled substance of which it is an isomer.

Possession of piperidine

Current law does not explicitly regulate piperidine or its salts. This bill prohibits a person from possessing any quantity of piperidine or its salts with the intent to use the piperidine or its salts in the unlawful manufacture of a controlled substance or controlled substance analog. The bill also prohibits a person from possessing any quantity of piperidine or its salts if he or she knows or has reason to know that the piperidine or its salts will be used in the unlawful manufacture of a controlled substance or controlled substance analog. A person who violates one of these prohibitions may be fined not more than $250,000 or imprisoned for not more than 10 years or both.

Test for schedule I substances

Under current law, a substance is placed in schedule I if the substance has a high potential for abuse and the substance either: 1) has no accepted medical use in this country; or 2) lacks accepted safety for use in treatment under medical supervision. This bill changes this standard by providing that the substance must both: 1) have no currently accepted medical use in this country; and 2) lack accepted safety for use in treatment under medical supervision.

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: