1995 Wisconsin Act 448

146.0255 (title) Testing infants for controlled substances or controlled substance analogs.

448,103 Section 103 . 146.0255 (1) of the statutes is renumbered 146.0255 (1) (intro.) and amended to read:

146.0255 (1) (title) Definition Definitions. (intro.) In this section, “controlled:

(a) “Controlled substance" has the meaning given in s. 161.01 961.01 (4).

448,104 Section 104 . 146.0255 (1) (b) of the statutes is created to read:

146.0255 (1) (b) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,105 Section 105 . 146.0255 (2) of the statutes is amended to read:

146.0255 (2) Testing. Any hospital employe who provides health care, social worker or foster care or treatment foster care intake worker may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or foster care or treatment foster care intake worker suspects that the infant has controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's ingestion of controlled substances or controlled substance analogs while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances or controlled substance analogs in the infant's bodily fluids, if the parent or guardian consents to the testing and if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's ingestion of controlled substances or controlled substance analogs while she was pregnant with the infant. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under s. 46.238.

448,106 Section 106 . Chapter 161 (title) of the statutes is renumbered chapter 961 (title).

448,107 Section 107 . 161.001 (intro.) of the statutes is renumbered 961.001 (intro.).

448,108 Section 108 . 161.001 (1) of the statutes is renumbered 961.001 (1r).

448,109 Section 109 . 161.001 (2) of the statutes is renumbered 961.001 (2).

448,110 Section 110 . 161.001 (3) of the statutes is renumbered 961.001 (3).

448,111 Section 111 . Subchapter I (title) of chapter 161 [precedes 161.01] of the statutes is renumbered subchapter I (title) of chapter 961 [precedes 961.01].

448,112 Section 112 . 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).

448,113 Section 113 . 161.01 (1) of the statutes is renumbered 961.01 (1), and 961.01 (1) (intro.), as renumbered, is amended to read:

961.01 (1) (intro.) “Administer", unless the context otherwise requires, means the direct application of to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

448,114 Section 114 . 161.01 (2) of the statutes is renumbered 961.01 (2) and amended to read:

961.01 (2) “Agent", unless the context otherwise requires, means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It “Agent" does not include a common or contract carrier, public warehouse keeper or employe of the carrier or warehouse keeper while acting in the usual and lawful course of the carrier's or warehouse keeper's business.

448,115 Section 115 . 161.01 (3) of the statutes is repealed.

448,116 Section 116 . 161.01 (4) of the statutes is renumbered 961.01 (4) and amended to read:

961.01 (4) “Controlled substance" means a drug, substance or immediate precursor included in schedules I to V of subch. II.

448,117 Section 117 . 161.01 (5) of the statutes is renumbered 961.01 (5).

448,118 Section 118 . 161.01 (6) of the statutes is renumbered 961.01 (6) and amended to read:

961.01 (6) “Deliver" or “delivery" , unless the context otherwise requires, means the actual, constructive or attempted transfer from one person to another of a controlled substance or controlled substance analog, whether or not there is any agency relationship.

448,119 Section 119 . 161.01 (7) of the statutes is renumbered 961.01 (7).

448,120 Section 120 . 161.01 (8) of the statutes is renumbered 961.01 (8).

448,121 Section 121 . 161.01 (9) of the statutes is renumbered 961.01 (9) and amended to read:

961.01 (9) “Distribute" means to deliver other than by administering or dispensing a controlled substance or controlled substance analog.

448,122 Section 122 . 161.01 (10) of the statutes is renumbered 961.01 (10).

448,123 Section 123 . 161.01 (10m) of the statutes is renumbered 961.01 (10m).

448,124 Section 124 . 161.01 (11) of the statutes is renumbered 961.01 (11), and 961.01 (11) (a), as renumbered, is amended to read:

961.01 (11) (a) “Drug" means any of the following:

1. Substances A substance recognized as drugs a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them;.

2. Substances A substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;.

3. Substances A substance, other than food, intended to affect the structure or any function of the body of humans or animals; and.

4. Substances A substance intended for use as a component of any article specified in subd. 1., 2. or 3.

448,125 Section 125 . 161.01 (12) of the statutes is renumbered 961.01 (12).

448,126 Section 126 . 161.01 (12m) of the statutes is renumbered 961.01 (12m).

448,127 Section 127 . 161.01 (13) of the statutes is renumbered 961.01 (13), and 961.01 (13) (intro.), as renumbered, is amended to read:

961.01 (13) (intro.) “Manufacture" means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, and includes including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. “Manufacture" does not include mean to prepare, compound, package, repackage, label or relabel or the preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance:

448,128 Section 128 . 161.01 (14) of the statutes is renumbered 961.01 (14) and amended to read:

961.01 (14) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It “Marijuana" does not include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

448,129 Section 129 . 161.01 (14m) of the statutes is renumbered 961.01 (14m).

448,130 Section 130 . 161.01 (15) (intro.) of the statutes is renumbered 961.01 (15) (intro.).

448,131 Section 131 . 161.01 (15) (a) of the statutes is renumbered 961.01 (15) (a) and amended to read:

961.01 (15) (a) Opium and opiate substances derived from opium, and any salt, compound, derivative or preparation of opium or opiate substances derived from opium, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

448,132 Section 132 . 161.01 (15) (b) of the statutes is repealed.

448,133 Section 133 . 161.01 (15) (c) of the statutes is renumbered 961.01 (15) (c) and amended to read:

961.01 (15) (c) Opium poppy and , poppy straw and concentrate of poppy straw.

448,134 Section 134 . 161.01 (16) of the statutes is renumbered 961.01 (16) and amended to read:

961.01 (16) “Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It “Opiate" includes opium, substances derived from opium and synthetic opiates. “Opiate" does not include, unless specifically designated scheduled as a controlled substance under s. 161.11 961.11, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan 3-methoxy-N-methylmorphinan and its salts (dextromethorphan). It “Opiate" does include its the racemic and levorotatory forms of dextromethorphan.

448,135 Section 135 . 161.01 (17) of the statutes is renumbered 961.01 (17) and amended to read:

961.01 (17) “Opium poppy" means the any plant of the species Papaver Somniferum somniferum L., except its seeds.

448,136 Section 136 . 161.01 (18) of the statutes is renumbered 961.01 (18).

448,137 Section 137 . 161.01 (19) of the statutes is renumbered 961.01 (19), and 961.01 (19) (a), as renumbered, is amended to read:

961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to or, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

448,138 Section 138 . 161.01 (20) of the statutes is renumbered 961.01 (20) and amended to read:

961.01 (20) “Production", unless the context otherwise requires, includes the manufacture, manufacturing of a controlled substance or controlled substance analog and the planting, cultivation cultivating, growing or harvesting of a plant from which a controlled substance or controlled substance analog is derived.

448,139 Section 139 . 161.01 (20g) of the statutes is renumbered 961.01 (20g).

448,140 Section 140 . 161.01 (20i) of the statutes is renumbered 961.01 (20i).

448,141 Section 141 . 161.01 (20m) of the statutes is renumbered 961.01 (2m), and 961.01 (2m) (a), as renumbered, is amended to read:

961.01 (2m) (a) “Anabolic steroid" means any drug or hormonal substance, chemically or pharmacologically related to testosterone (except estrogens, progestin, and corticosteroids), that promotes muscle growth. The term includes all of the substances listed included in s. 161.18 961.18 (7), and any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible under within the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth.

448,142 Section 142 . 161.01 (21) of the statutes is renumbered 961.01 (21) and amended to read:

961.01 (21) “Ultimate user" means a person an individual who lawfully possesses a controlled substance for that person's individual's own use or for the use of a member of that person's individual's household or for administering to an animal owned by that person individual or by a member of that person's individual's household.

448,143 Section 143 . 161.01 (22) of the statutes is renumbered 961.01 (22).

448,144 Section 144 . Subchapter II (title) of chapter 161 [precedes 161.11] of the statutes is renumbered subchapter II (title) of chapter 961 [precedes 961.11].

448,145 Section 145 . 161.11 (title) of the statutes is renumbered 961.11 (title).

448,146 Section 146. 161.11 (1) (intro.) of the statutes is renumbered 961.11 (1) (intro.) and amended to read:

961.11 (1) (intro.) The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances enumerated listed in the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22 961.14, 961.16, 961.18, 961.20 and 961.22 pursuant to the rule-making procedures of ch. 227.

(1m) In making a determination regarding a substance, the board shall consider the following:

448,147 Section 147 . 161.11 (1) (a) to (h) of the statutes are renumbered 961.11 (1m) (a) to (h), and 961.11 (1m) (g), as renumbered, is amended to read:

961.11 (1m) (g) The potential of the substance to produce psychic psychological or physical dependence liability; and

448,148 Section 148 . 161.11 (2) of the statutes is renumbered 961.11 (2) and amended to read:

961.11 (2) After considering the factors enumerated in sub. (1) (1m), the controlled substances board shall make findings with respect thereto to them and issue promulgate a rule controlling the substance if it finds upon finding that the substance has a potential for abuse.

448,149 Section 149 . 161.11 (3) of the statutes is renumbered 961.11 (3) and amended to read:

961.11 (3) The controlled substances board, without regard to the findings required by sub. (2) or ss. 961.13, 961.15, 961.17, 961.19 and 961.21 or the procedures prescribed by subs. (1), (1m), (1r) and (2), may add an immediate precursor to the same schedule in which the controlled substance of which it is an immediate precursor is included or to any other schedule. If the controlled substances board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

448,150 Section 150 . 161.11 (4) of the statutes is renumbered 961.11 (4) and amended to read:

961.11 (4) If any a substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the controlled substances board, the board by affirmative action shall similarly control treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order designating a the substance as a controlled substance or rescheduling or deleting a the substance or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h), unless within that 30-day period, the board or an interested party objects to inclusion, rescheduling or deletion. In that case, the treatment of the substance. If no objection is made, the board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r) and (2) or s. 961.13, 961.15, 961.17, 961.19 or 961.21, a final rule, for which notice of proposed rule making is omitted, designating, rescheduling, temporarily scheduling or deleting the substance. If an objection is made the board shall publish notice of receipt of the objection and the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall make a determination with respect to the treatment of the substance as provided in subs. (1), (1m), (1r) and (2) and shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to inclusion, rescheduling or deletion under this chapter the treatment by the board, control action by the board under this chapter is stayed until the board publishes its decision promulgates a rule under sub. (2).

448,151 Section 151 . 161.11 (5) of the statutes is renumbered 961.11 (5) and amended to read:

961.11 (5) Authority The authority of the controlled substances board to control under this section does not extend to intoxicating liquors, as defined in s. 139.01 (3), to fermented malt beverages as defined in s. 125.02, or to tobacco.

448,152 Section 152 . 161.11 (6) of the statutes is renumbered 961.11 (6), and 961.11 (6) (b), as renumbered, is amended to read:

961.11 (6) (b) If the board finds that any nonnarcotic substance barred from control under this chapter by par. (a) is dangerous to or is being so used as to endanger the public health and welfare, it may request the department of justice in the name of the state to seek a temporary restraining order or temporary injunction under ch. 813 to either ban or regulate the sale and possession of the substance. The order or injunction shall continue until the adjournment of the legislature convened next following its issuance. In making its findings as to nonnarcotic substances under this paragraph, the board shall consider the items specified in sub. (1) (1m).

448,153 Section 153 . 161.115 of the statutes is renumbered 961.115.

448,154 Section 154 . 161.12 of the statutes is renumbered 961.12 and amended to read:

961.12 Nomenclature. The controlled substances listed in or to be listed in added to the schedules in ss. 161.14, 161.16, 161.18, 161.20 and 161.22 are included 961.14, 961.16, 961.18, 961.20 and 961.22 may be listed or added by whatever any official, common, usual, chemical or trade name designated used for the substance.

448,155 Section 155 . 161.13 (title) of the statutes is renumbered 961.13 (title).

448,156 Section 156 . 161.13 of the statutes is renumbered 961.13 (1m) and amended to read:

961.13 (1m) The controlled substances board shall place add a substance in to schedule I if it finds upon finding that the substance: