January 2017 Special Session
2017 - 2018 LEGISLATURE
February 17, 2017 - Introduced by Committee on Assembly Organization,
Representatives Nygren, Bernier, Krug, VanderMeer, Novak, Quinn, Ripp,
Petryk, Ballweg, Murphy, Felzkowski, Kremer, Kleefisch, Mursau, Tittl,
Rohrkaste, E. Brooks, Billings, Zepnick, Sinicki, Edming, Doyle, Petersen,
Kolste, Subeck, Fields, Swearingen, Wachs, Brostoff, Vruwink, Pope,
Skowronski, Kulp, Sargent, Allen and Knodl, cosponsored by Senators
Petrowski, Darling, Harsdorf, Vukmir, Olsen, Cowles, Testin, Wanggaard,
Stroebel, Wirch and Carpenter, by request of Governor Scott Walker.
Referred to Committee on Health.
AB4,1,3 1An Act to renumber 961.38 (4); to amend 961.23 (2); and to create 961.38 (4)
2(b) of the statutes; relating to: prohibiting certain schedule V controlled
3substances from being dispensed without a prescription.
Analysis by the Legislative Reference Bureau
Under current law, certain substances are classified as controlled substances,
and various requirements, limitations, and prohibitions apply to a controlled
substance depending on which of five schedules in which it is included. The strictest
restrictions apply to substances included in schedule I, while substances included in
schedule V are subject to the least restrictions. Under current law, schedule II, III,
and IV controlled substances may not be dispensed (provided) without a
prescription. A schedule V controlled substance may be dispensed to a patient
without a prescription, subject to various requirements and limitations.
This bill provides that schedule V controlled substances containing the opioid
codeine may not be dispensed without a prescription.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB4,1 4Section 1. 961.23 (2) of the statutes is amended to read:
AB4,2,25 961.23 (2) They may be sold at retail only by a registered pharmacist or, if the
6substance is a pseudoephedrine product, by a person who is working under the

1direction of a registered pharmacist when sold in a retail establishment. This
2subsection does not apply to a substance governed by s. 961.38 (4) (b).
AB4,2 3Section 2. 961.38 (4) of the statutes is renumbered 961.38 (4) (a).
AB4,3 4Section 3. 961.38 (4) (b) of the statutes is created to read:
AB4,2,75 961.38 (4) (b) Except when dispensed directly by a practitioner, other than a
6pharmacy, to an ultimate user, a substance specified in s. 961.22 (2) (a) shall not be
7dispensed without a written, oral, or electronic prescription of a practitioner.
AB4,2,88 (End)