AB56: Bill Text

AB56,921,8 b. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport the tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

AB56,921,10 (cm) “Out-of-state registry identification card" means a document that is valid as provided under sub. (7) (f).

AB56,921,15 (cr) “Practitioner” means a physician, advanced practice nurse, a physician assistant, or other person licensed, registered, certified, or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

AB56,921,18 (d) “Primary caregiver" means a person who has agreed to help a qualifying patient in his or her medication with tetrahydrocannabinols and who has a registry identification card.

AB56,921,22 (e) “Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

AB56,921,25 1. The person's practitioner has explained the potential risks and benefits of medication with tetrahydrocannabinols to the person and to a parent, guardian, or person having legal custody of the person.

AB56,922,2 2. The parent, guardian, or person having legal custody provides the practitioner a written statement consenting to do all of the following:

AB56,922,3 a. Allow medication with tetrahydrocannabinols for the person.

AB56,922,4 b. Serve as a primary caregiver for the person.

AB56,922,5 c. Manage the person's medication with tetrahydrocannabinols.

AB56,922,6 (f) “Registrant" means a person to whom a registry identification card is issued.

AB56,922,8 (g) “Registry identification card" means a document issued by the department under sub. (4) that identifies a person as a qualifying patient or primary caregiver.

AB56,922,10 (h) “Written certification" means a statement written by a person's practitioner if all of the following apply:

AB56,922,14 1. The statement indicates that, in the practitioner's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of medication with tetrahydrocannabinols would likely outweigh the health risks for the person.

AB56,922,16 2. The statement indicates that the opinion described in subd. 1. was made in the course of a bona fide practitioner-patient relationship.

AB56,922,18 3. The statement is signed by the practitioner or is contained in the person's medical records.

AB56,922,21 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department all of the following:

AB56,922,23 1. A signed application form that contains the applicant's name, address, and date of birth.

AB56,922,24 2. A written certification.

AB56,923,2 3. The name, address, and telephone number of the applicant's current practitioner, as listed in the written certification.

AB56,923,4 4. A registration fee shall be an amount determined by the department but not less than $100.

AB56,923,6 5. Any information that the department determines is necessary for a background check under par. (am).

AB56,923,9 (ac) A person who is at least 21 years of age may apply for a registry identification card as a primary caregiver by submitting to the department all of the following:

AB56,923,11 1. A signed application form that contains the applicant's name, address, and date of birth.

AB56,923,13 2. A copy of a written certification or copy of a registration identification card for each qualifying patient for whom the applicant will be the primary caregiver.

AB56,923,15 3. A registration fee shall be an amount determined by the department, but not less than $100.

AB56,923,17 4. Any information that the department determines is necessary for a background check under par. (am).

AB56,923,18 (am) 1. In this paragraph:

AB56,923,21 a. “Background check" means a search of department of justice records to determine whether an applicant for a registry identification card has been convicted of a disqualifying offense.

AB56,923,23 b. “Disqualifying offense" means a violent crime under s. 165.84 (7) (ab) or a substantially similar violation of federal law that is a felony.

AB56,924,3 2. The department shall convey the information provided by an applicant under par. (a) or (ac) to the department of justice, and the department of justice shall perform a background check on the applicant.

AB56,924,9 3. If the department of justice determines that the applicant has been convicted of a disqualifying offense, the department of health services shall deny the application unless at least 10 years has passed since the completion of any sentence imposed for any disqualifying offense, including any period of incarceration, parole, and extended supervision, and any period of probation imposed for a disqualifying offense.

AB56,924,13 (b) The department shall promulgate rules specifying how a parent, guardian, or person having legal custody of a child may apply for a registry identification card for the child and the circumstances under which the department may approve or deny the application.

AB56,924,17 (3) Processing the application. The department shall verify the information the applicant submitted under sub. (2) (a) or (ac) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) (a) or (ac) only if one of the following applies:

AB56,924,19 (a) The applicant did not provide the required information or provided false information.

AB56,924,20 (b) The department is required to deny the application under sub. (2) (am) 3.

AB56,924,22 (c) The department is required to deny the application under the rules promulgated under sub. (2) (b).

AB56,925,2 (4) Issuing a registry identification card. The department shall issue an applicant a registry identification card within 5 days after approving the application under sub. (3). Unless voided under sub. (5) (b) or (c), a registry identification card expires 2 years from the date of issuance. A registry identification card shall contain all of the following:

AB56,925,3 (a) The name, address, and date of birth of all of the following:

AB56,925,4 1. The registrant.

AB56,925,5 2. Each primary caregiver, if the registrant is a qualifying patient.

AB56,925,6 3. Each qualifying patient, if the registrant is a primary caregiver.

AB56,925,7 (b) The date of issuance and expiration date of the registry identification card.

AB56,925,8 (c) A photograph of the registrant.

AB56,925,9 (d) Other information the department may require by rule.

AB56,925,11 (4m) Annual fee. Primary caregivers shall pay an annual fee determined by the department but not less than $250.

AB56,925,21 (5) Additional information to be provided by registrant. (a) 1. An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her practitioner, of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment, and if a primary caregiver stops helping the registrant in the registrant's medication with tetrahydrocannabinols. A registrant who is a primary caregiver shall notify the department if the registrant becomes a primary caregiver for an additional qualifying patient and shall include with the notice a copy of a written certification or copy of a registration identification card for each additional qualifying patient.

AB56,925,25 2. If a qualifying patient is a child, a primary caregiver for the child shall provide the department with any information that the child, if he or she were an adult qualifying patient, would have to provide under subd. 1. within 10 days after the date of the change to which the information relates.

AB56,926,5 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., his or her registry identification card is void. If a registrant fails to comply with par. (a) 2., the registry identification card for the qualifying patient to whom the information under par. (a) 2. relates is void.

AB56,926,9 (c) If a qualifying patient's registry identification card becomes void under par. (b), the registry identification card for each of the qualifying patient's primary caregivers with regard to that qualifying patient is void. The department shall send written notice of this fact to each such primary caregiver.

AB56,926,10 (6) Records. (a) The department shall maintain a list of all registrants.

AB56,926,13 (b) Notwithstanding s. 19.35 and except as provided in par. (c) and sub. (2) (am), the department may not disclose information from an application submitted or a registry identification card issued under this section.

AB56,926,16 (c) The department may disclose to a law enforcement agency, upon the request of the law enforcement agency, only information necessary to verify that a person possesses a valid registry identification card.

AB56,926,18 (7) Rules. The department may promulgate rules to implement the Medical Cannabis Registry Program.

AB56,927,2 (8) Emergency rules. Using the procedure under s. 227.24, the department may promulgate rules under this section. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB56,1764 Section 1764. 146.63 (2) (a) of the statutes is amended to read:

AB56,927,11 146.63 (2) (a) Subject to subs. (4) and (5), the department shall distribute grants from the appropriation under s. 20.435 (1) (fj) (4) (bf) to assist rural hospitals and groups of rural hospitals in procuring infrastructure and increasing case volume to the extent necessary to develop accredited graduate medical training programs. The department shall distribute the grants under this paragraph to rural hospitals and groups of rural hospitals that apply to receive a grant under sub. (3) and that satisfy the criteria established by the department under par. (b) and the eligibility requirement under sub. (6).

AB56,1765 Section 1765. 146.63 (6) (intro.) of the statutes is amended to read:

AB56,927,16 146.63 (6) Eligibility. (intro.) A rural hospital or group of rural hospitals may only receive a grant under sub. (3) if the plan to use the funds involves developing an accredited graduate medical training program in any of the following specialties a specialty, including any of the following:

AB56,1766 Section 1766 . 146.64 (2) (c) 1. of the statutes is amended to read:

AB56,927,23 146.64 (2) (c) 1. The department shall distribute funds for grants under par. (a) from the appropriation under s. 20.435 (4) (b) (bf). The department may not distribute more than $225,000 from the appropriation under s. 20.435 (4) (b) (bf) to a particular hospital in a given state fiscal year and may not distribute more than $75,000 from the appropriation under s. 20.435 (4) (b) (bf) to fund a given position in a graduate medical training program in a given state fiscal year.

AB56,1767 Section 1767. 146.64 (4) (intro.) of the statutes is amended to read:

AB56,928,3 146.64 (4) Eligibility. (intro.) A hospital that has an accredited graduate medical training program in any of the following specialties a specialty, including any of the following, may apply to receive a grant under sub. (3):

AB56,1768 Section 1768 . 146.81 (1) (c) of the statutes is amended to read:

AB56,928,5 146.81 (1) (c) A dentist or dental therapist licensed under ch. 447.

AB56,1769 Section 1769. 146.89 (1) (d) 2. of the statutes is amended to read:

AB56,928,12 146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 or that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

AB56,1770 Section 1770. 146.89 (1) (g) 1. of the statutes is amended to read:

AB56,928,16 146.89 (1) (g) 1. A public elementary school, including an elementary school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

AB56,1771 Section 1771 . 146.89 (1) (r) 1. of the statutes is amended to read:

AB56,928,22 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist, dental therapist, or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.

AB56,1772 Section 1772 . 146.89 (1) (r) 5. of the statutes is amended to read:

AB56,929,4 146.89 (1) (r) 5. An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual who is described in subds. 1. to 4., except a dentist , dental therapist, or dental hygienist, is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration.

AB56,1773 Section 1773 . 146.89 (3) (b) 8. of the statutes is amended to read:

AB56,929,10 146.89 (3) (b) 8. Dental services, including tooth extractions and other procedures done under local anesthesia only and any necessary suturing related to the extractions, performed by a dentist or dental therapist who is a volunteer health provider; and dental hygiene services, performed by a dental hygienist who is a volunteer health provider.

AB56,1774 Section 1774 . 146.89 (3m) (intro.) of the statutes is amended to read:

AB56,929,15 146.89 (3m) (intro.) A volunteer health care provider who is a dentist or dental therapist may provide dental services or a volunteer health care provider who is a dental hygienist may provide dental hygiene services, to persons who are recipients of Medical Assistance, if all of the following apply:

AB56,1775 Section 1775 . 146.997 (1) (d) 3. of the statutes is amended to read:

AB56,929,17 146.997 (1) (d) 3. A dentist or dental therapist licensed under ch. 447.

AB56,1776 Section 1776. 153.05 (2r) (intro.) of the statutes is amended to read:

AB56,930,2 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) (w) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (fn), (hg), and (hi) the department of health services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this subchapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health services to perform or contract for the performance of these services. As a condition of the contract under this subsection, all of the following apply:

AB56,1777 Section 1777 . 155.01 (7) of the statutes is amended to read:

AB56,930,13 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB56,1778 Section 1778 . 165.08 (1) of the statutes is amended to read:

AB56,931,2 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

AB56,1779 Section 1779. 165.10 of the statutes is repealed.