SB351: Bill Text

SB351,7,8 (b) Notwithstanding s. 450.11 (7) (g) and (h) and (9) (b), a person may receive, and it is not a crime for a person to possess, a pharmaceutical item pursuant to a drug disposal program if the receipt or possession is within the scope of the program and the program is authorized under sub. (2) or (3) or is authorized under federal law or, if the receipt or possession is not within the scope of the program, the receipt or possession is inadvertent and the program promptly notifies an appropriate law enforcement officer of the receipt or possession and complies with any instructions the law enforcement officer provides.

SB351,3 Section 3. 450.01 (23) (n) of the statutes is created to read:

SB351,7,14 450.01 (23) (n) The operation or implementation of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a), or the possession or delivery of a pharmaceutical item, as defined in s. 165.65 (1) (d), within the scope of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law.

SB351,4 Section 4. 450.01 (23) (o) of the statutes is created to read:

SB351,7,17 450.01 (23) (o) The possession or delivery of a prescription drug within the scope of a written authorization under s. 450.115 (3).

SB351,5 Section 5. 450.115 of the statutes is created to read:

SB351,7,19 450.115 Drug disposal programs and authorizations. (1) In this section:

SB351,7,21 (a) "Guardian" means the person named by the court under ch. 880, 2003 stats., or ch. 48 or 54 that has the duty and authority of guardianship.

SB351,7,24 (b) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of those persons.

SB351,8,2 (c) "Trustee" means a person that holds in trust title to or power over property. "Trustee" includes an original, added, or successor trustee.

SB351,8,3 (d) "Ward" means a person for whom a guardian has been appointed.

SB351,8,5 (2) Nothing in this chapter, or rules promulgated under this chapter, prohibits any of the following:

SB351,8,8 (a) The direct operation or implementation of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a).

SB351,8,12 (b) The transfer of a prescription drug by a person that lawfully possesses the prescription drug to a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a), and that accepts the prescription drug.

SB351,8,14 (c) Subject to sub. (4), the possession of a prescription drug under a written authorization described in sub. (3).

SB351,8,18 (3) (a) A guardian may grant written authorization to an adult who is related to the guardian's ward by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16), or to a domestic partner of the ward under ch. 770, for the disposal of a prescription drug that belongs to the ward.

SB351,8,21 (b) A personal representative or a trustee may grant written authorization to an adult beneficiary, as defined in s. 701.20 (2) (b), of the estate or trust for the disposal of a prescription drug that belongs to the estate or trust.

SB351,9,2 (c) A person who is a competent adult may grant written authorization to that person's domestic partner under ch. 770 or to another adult who is related to that person by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16), for the disposal of a prescription drug that lawfully belongs to that person.

SB351,9,4 (4) A written authorization under sub. (3) is valid only to the extent permitted under federal law and only if all of the following conditions are satisfied:

SB351,9,6 (a) The authorization describes with reasonable specificity each prescription drug that is to be disposed of.

SB351,9,11 (b) The authorization is in the physical possession of the person authorized to dispose of the prescription drug and each prescription drug described in the authorization is, within 24 hours after the authorization is signed by the person granting the authorization, transferred to a drug disposal program under s. 165.65 or otherwise lawfully disposed of.

SB351,9,13 (c) The authorization and each prescription drug to be disposed of were obtained without consideration.

SB351,6 Section 6. Subchapter III (title) of chapter 961 [precedes 961.31] of the statutes is amended to read:

SB351,9,16 CHAPTER 961

SB351,9,17 SUBCHAPTER III

SB351,9,21 REGULATION OF MANUFACTURE, DISTRIBUTION AND, DISPENSING, and possession OF CONTROLLED SUBSTANCES

SB351,7 Section 7. 961.32 (2) (e) of the statutes is created to read:

SB351,9,25 961.32 (2) (e) A person actively engaged in the direct operation or implementation of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a).

SB351,8 Section 8. 961.335 (1) of the statutes is renumbered 961.335 (1) (a) and amended to read:

SB351,10,7 961.335 (1) (a) Upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses, without restriction because of enumeration. No

SB351,10,9 (b) Except as provide in par. (c), no person shall may engage in any such activity described under par. (a) without a permit issued under this section, except that an.

SB351,10,17 (c) 3. An individual may be who is designated and authorized to receive the a permit under this section for a college or university department, research unit, or similar administrative organizational unit, and students, laboratory technicians, research specialists, or chemical analysts under his or her supervision, may be permitted possession and use of controlled substances for these purposes , without obtaining an individual additional permit issued under this section, possess and use a controlled substance, for the purposes authorized in the permit received for the department or unit.

SB351,9 Section 9. 961.335 (1) (c) 1. and 2. of the statutes are created to read:

SB351,10,23 961.335 (1) (c) 1. A person who is actively engaged in the direct operation or implementation of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a), may, without a permit issued under this section, obtain or possess a controlled substance for the purposes of operating and implementing the drug disposal program.

SB351,11,3 2. A person who is permitted under federal law to dispose of a controlled substance may, without a permit issued under this section, possess the controlled substance for the purpose of disposing of the controlled substance.

SB351,10 Section 10. 961.337 of the statutes is created to read:

SB351,11,6 961.337 Drug disposal programs. Nothing in this chapter, or rules promulgated under this chapter, prohibits any of the following:

SB351,11,9 (1) The direct operation or implementation of a drug disposal program that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a).

SB351,11,15 (2) The transfer by the ultimate user, or by another person that lawfully possesses the controlled substance or controlled substance analog, of a controlled substance or controlled substance analog to a drug disposal program that has been authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a), and that accepts the controlled substance or controlled substance analog.

SB351,11 Section 11. Effective date.

SB351,11,18 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB351,11,19 (End)