2013 - 2014 LEGISLATURE
October 18, 2013 - Introduced by Representatives Nygren, Bernier, Krug,
Nerison, Petryk, Tranel, Bies, Born, Craig, Czaja, Endsley, Jagler,
Kleefisch, Knodl, Knudson, LeMahieu, Marklein, Mursau, Murtha, A. Ott,
Petersen, Ripp, Strachota, Swearingen, Tauchen, Tittl, Bernard Schaber,
Doyle, Genrich, Hulsey, Johnson, Kahl, Richards, Smith, Wachs, Schraa,
Ballweg and Billings, cosponsored by Senators Harsdorf,
Taylor, Darling, Jauch, Gudex, Grothman, Olsen, T. Cullen, Lassa, Ellis,
Shilling, Petrowski, Lazich, Miller, Carpenter, Schultz, Wirch,
Erpenbach, Hansen and Risser. Referred to Committee on Criminal Justice.
1An Act to renumber and amend
961.335 (1); to amend
subchapter III (title) 2
of chapter 961 [precedes 961.31]; and to create
66.0437, 165.65, 450.01 (23) (n), 3
450.01 (23) (o), 450.115, 961.32 (2) (e), 961.335 (1) (c) 1. and 2. and 961.337 of 4
the statutes; relating to: programs for the disposal of drugs, including
5controlled substances, and certain medical or drug-related items, and the
6regulation of prescription drugs.
Analysis by the Legislative Reference Bureau
Under current law, a person may not, and it is often a crime to, deliver, receive,
or possess certain drugs unless the person is a licensed pharmacist or other licensed
practitioner or has a valid prescription for the drug.
Under this bill, the Department of Justice (DOJ) may authorize the operation
of drug disposal programs in this state to receive, for destruction, drugs, including
prescription drugs, controlled substances and controlled substance analogs, and
certain medical and drug delivery devices (collectively, pharmaceutical items). DOJ
may authorize a person to operate a drug disposal program if, among other things,
the person demonstrates to the satisfaction of DOJ that the program's receipt of
pharmaceutical items will comply with federal and state laws applicable to the
transportation and delivery of pharmaceutical items. The bill requires a drug
disposal program to adopt policies and procedures that describe in detail the place
and manner of the program's operation, provide the 24-hour contact information for
at least one person in this state who is responsible for the program, and ensure
compliance with applicable state and federal laws. DOJ must approve the policies
and procedures before a drug disposal program may begin operation.
The bill also provides that a city, village, town, or county (political subdivision)
may operate or authorize another person to operate a drug disposal program within
the political subdivision's borders. A drug disposal program that a political
subdivision operates or authorizes must adopt policies and procedures similar to
those described above, but the program need not obtain approval from DOJ.
However, without DOJ approval, the program may not receive pharmaceutical items
except by means of in-person delivery within the political subdivision's borders.
Finally, the bill authorizes a person who lawfully possesses a prescription drug,
or the person's guardian, trustee, or personal representative, to grant written
authorization to certain other persons to destroy the prescription drug. Under the
bill, such a written authorization is only valid if the authorization satisfies certain
conditions, including that the authorization describes the prescription drug with
reasonable specificity and that the authorization and the prescription drug were
obtained by the person authorized to destroy the prescription drug without the
payment of money or something else of value.
For further information see the state and local 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:
66.0437 of the statutes is created to read:
266.0437 Drug disposal programs. (1)
In this section, "political subdivision" 3
has the meaning given in s. 165.65 (1) (e).
A political subdivision may operate or authorize a person to operate a drug 5
disposal program as provided under s. 165.65 (3).
165.65 of the statutes is created to read:
7165.65 Drug disposal program. (1) Definitions.
In this section:
(a) "Authorized under federal law" means permitted under 21 USC 801
to 971 9
or 21 CFR 1300
(am) "Controlled substance" has the meaning given in s. 961.01 (4).
(b) "Controlled substance analog" has the meaning given in s. 961.01 (4m).
(c) "Drug disposal program" means a program to receive pharmaceutical items 2
and to recycle, destroy, or otherwise dispose of those items.
(d) "Pharmaceutical item" means a drug, as defined in s. 450.01 (10); a 4
prescription drug, as defined in s. 450.01 (20); a controlled substance or controlled 5
substance analog; a device, as defined in 450.01 (6); or a hypodermic syringe, needle, 6
or other object used for administering a drug.
(e) "Political subdivision" means a city, village, town, or county.
8(2) Department of justice authorization to operate a drug disposal program. 9
(a) Except as provided under sub. (3), no person may receive pharmaceutical items 10
pursuant to a drug disposal program unless the department of justice grants written 11
authorization for that program under par. (b) or the program is authorized under 12
(b) The department of justice may, without a hearing, grant written 14
authorization to a person to operate a drug disposal program if all of the following 15
conditions are satisfied:
1. The person adopts written policies and procedures that comply with sub. (5). 17
The department of justice shall review and either approve or disapprove in writing 18
those policies and procedures. The department of justice shall approve the policies 19
and procedures if the department of justice determines that the policies and 20
procedures do not violate the requirements of this section or any other applicable 21
federal or state law, and shall disapprove them otherwise. If the department of 22
justice disapproves the policies and procedures, the department of justice shall state 23
the reasons for that disapproval in writing to the person. At any time, the person may 24
resubmit revised policies and procedures to the department of justice for its review 25
and approval under this subdivision.
2. If the drug disposal program will receive pharmaceutical items in any 2
manner other than the transfer of a pharmaceutical item in person to the program 3
by a person that lawfully possesses the pharmaceutical item, the person 4
demonstrates to the satisfaction of the department of justice that those transfers will 5
comply with any federal or state law applicable to the transportation and delivery 6
of pharmaceutical items.
(c) A person may not revise policies and procedures approved by the 8
department of justice under par. (b) 1. unless the department of justice approves the 9
revisions under par. (b) 1.
(d) Any determination or action by the department of justice under par. (b) or 11
(c) is not subject to judicial review.
12(3) Authorization by a political subdivision to operate a drug disposal
A political subdivision may operate or the governing body of a political 14
subdivision may grant written authorization for a person to operate a drug disposal 15
program only if all of the following apply:
(a) The political subdivision or the authorized person operates the drug 17
disposal program only within the boundaries of the political subdivision, except as 18
provided under sub. (4).
(b) The applicable requirements under sub. (5) are satisfied.
(c) The drug disposal program receives pharmaceutical items only by means 21
of delivery in person by a person that lawfully possesses the pharmaceutical item, 22
unless the drug disposal program is authorized under federal law to receive 23
pharmaceutical items by other means.
24(4) Multijurisdictional drug disposal program.
A drug disposal program may 25
operate within more than one political subdivision if the department of justice
authorizes that program under sub. (2), all political subdivisions within which the 2
drug disposal program operates authorize that program under sub. (3), or the 3
program is authorized under federal law.
4(5) Operation of a drug disposal program.
(a) A person that operates a drug 5
disposal program, except a drug disposal program that is authorized under federal 6
law, shall establish and promptly update as appropriate written policies and 7
procedures that do all of the following:
1. Describe in detail the manner in which the program operates, including an 9
identification of the kinds of pharmaceutical items that may be received under the 10
program, whether the program may receive controlled substances and controlled 11
substance analogs, whether pharmaceutical items will be transferred by mail under 12
the program, and the locations at which pharmaceutical items may be transferred 13
in person under the program.
2. List the name, address, telephone number, and 24-hour contact information 15
for one or more persons in this state who are responsible for the operation of the 16
3. Ensure compliance with chs. 450 and 961; with any applicable provision 18
under chs. 287, 289, and 291 and s. 299.51 relating to medical waste, solid waste, or 19
hazardous waste; and with any other applicable federal or state law.
(b) 1. The policies and procedures for a drug disposal program authorized under 21
sub. (2) and any changes to those policies and procedures are subject to review and 22
approval under sub. (2) (b) 1.
2. Legal counsel for the political subdivision, or, at the discretion of the political 24
subdivision, the department of justice if the political subdivision's legal counsel is not 25
an employee of the political subdivision, shall review and either approve or
disapprove the policies and procedures for a drug disposal program implemented or 2
authorized under sub. (3) and any changes to those policies and procedures. Legal 3
counsel, or the department of justice if appropriate, shall approve the policies and 4
procedures or changes if it determines that the policies and procedures or changes 5
do not violate the requirements of this section or any other applicable federal or state 6
law, and shall disapprove them otherwise. Any approval under this subdivision shall 7
be in writing. The political subdivision shall provide a copy of the approval and a copy 8
of the policies and procedures or changes to the policies and procedures to the 9
department of justice.
(c) The operation of a drug disposal program, including a drug disposal program 11
that is authorized under federal law, shall immediately cease if a law enforcement 12
officer, as defined in s. 165.85 (2) (c), a federal law enforcement officer, as defined in 13
s. 175.40 (7) (a) 1., the department of justice, or another federal or state agency 14
notifies a designated contact person for the program that the program is in violation 15
of any federal or state law enforceable by the officer, department of justice, or other 16
agency. That notification is not subject to judicial review. The program may resume 17
operation only upon the program's receipt of written notice from the officer, 18
department of justice, or other agency that the program is no longer in violation of 19
the federal or state law.
20(6) Transfer and receipt of pharmaceutical items.
(a) Notwithstanding ss. 21
450.03 (1) and 450.11 (7) (g) and (h) and (9) (b), a person that lawfully possesses a 22
pharmaceutical item may transfer, and it is not a crime for such a person to transfer, 23
the pharmaceutical item to a drug disposal program if the program is authorized 24
under sub. (2) or (3) or is authorized under federal law.
(b) Notwithstanding s. 450.11 (7) (g) and (h) and (9) (b), a person may receive, 2
and it is not a crime for a person to possess, a pharmaceutical item pursuant to a drug 3
disposal program if the receipt or possession is within the scope of the program and 4
the program is authorized under sub. (2) or (3) or is authorized under federal law or, 5
if the receipt or possession is not within the scope of the program, the receipt or 6
possession is inadvertent and the program promptly notifies an appropriate law 7
enforcement officer of the receipt or possession and complies with any instructions 8
the law enforcement officer provides.
450.01 (23) (n) of the statutes is created to read:
(n) The operation or implementation of a drug disposal program 11
that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as 12
defined in s. 165.65 (1) (a), or the possession or delivery of a pharmaceutical item, as 13
defined in s. 165.65 (1) (d), within the scope of a drug disposal program that is 14
authorized under s. 165.65 (2) or (3) or is authorized under federal law.
450.01 (23) (o) of the statutes is created to read:
(o) The possession or delivery of a prescription drug within the 17
scope of a written authorization under s. 450.115 (3).
450.115 of the statutes is created to read: