LRB-4189/1
JEO:skg:mkd
1995 - 1996 LEGISLATURE
November 21, 1995 - Introduced by Representatives Otte, Grothman, Huber,
Green, Prosser, Baldwin, Goetsch, Owens, Kunicki and Cullen, cosponsored
by Senators Buettner, Huelsman, Zien and
A. Lasee. Referred to Special
committee on Controlled Substances.
AB687,1,4
1An Act to renumber and amend 15.195 (2);
to amend 161.36 (title); and
to
2create 161.36 (1m) of the statutes;
relating to: transferring the controlled
3substances board from the department of health and family services to the
4department of regulation and licensing.
Analysis by the Legislative Reference Bureau
Under current law, the controlled substances board (board) is attached to the
department of health and social services, which is renamed the department of health
and family services (DHFS) effective July 1, 1996. The board is made up of the
following members: the attorney general, the secretary of health and social services
and the secretary of agriculture, trade and consumer protection, or their designees;
the chairperson of the pharmacy examining board or a designee; and one psychiatrist
and one pharmacologist appointed by the governor for 3-year terms. The board has
the authority to promulgate rules that add substances to or delete substances from
the schedules of controlled substances. The board may also issue permits
authorizing the manufacture, possession, use, administration or dispensing of a
controlled substance for purposes of scientific research, instructional activities,
chemical analysis or other special uses. Finally, the board promotes and monitors
coordination and cooperation between agencies responsible for compliance with the
controlled substances law.
This bill transfers the board from DHFS to the department of regulation and
licensing (DORL). The bill does not change the membership of the board or the
current authority and duties of the board, except that under the bill the board, in
addition to its current duties, is required to provide, upon request, advice and
assistance in matters related to the controlled substances law to DORL or a board,
examining board or affiliated credentialing board in DORL.
For further information see the state 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:
AB687, s. 1
1Section
1. 15.195 (2) of the statutes is renumbered 15.405 (5g) and amended
2to read:
AB687,2,83
15.405
(5g) Controlled substances board. There is created in the department
4of
health and family services regulation and licensing a controlled substances board
5consisting of the attorney general, the secretary of health and family services and the
6secretary of agriculture, trade and consumer protection, or their designees; the
7chairperson of the pharmacy examining board or a designee; and one psychiatrist
8and one pharmacologist appointed for 3-year terms.
AB687, s. 2
9Section
2. 161.36 (title) of the statutes is amended to read:
AB687,2,12
10161.36 (title)
Diversion
Controlled substances board duties relating to
11diversion control and prevention, compliance with controlled substances
12law and advice and assistance.
AB687, s. 3
13Section
3. 161.36 (1m) of the statutes is created to read:
AB687,2,1914
161.36
(1m) At the request of the department of regulation and licensing or a
15board, examining board or affiliated credentialing board in the department of
16regulation and licensing, the controlled substances board shall provide advice and
17assistance in matters related to the controlled substances law to the department or
18to the board, examining board or affiliated credentialing board in the department
19making the request for advice or assistance.
AB687,3,2
1(1)
Transfer of controlled substances board to department of regulation
2and licensing.
AB687,3,8
3(a)
Assets and liabilities. On the effective date of this paragraph, the assets
4and liabilities of the department of health and family services that are primarily
5related to the functions of the controlled substances board, as determined jointly by
6the secretary of health and family services and the secretary of regulation and
7licensing, shall become the assets and liabilities of the department of regulation and
8licensing.
AB687,3,14
9(b)
Tangible personal property. On the effective date of this paragraph, all
10tangible personal property, including records, of the department of health and family
11services that is primarily related to the functions of the controlled substances board,
12as determined jointly by the secretary of health and family services and the secretary
13of regulation and licensing, is transferred to the department of regulation and
14licensing.
AB687,3,15
15(c)
Contracts.
AB687,3,19
161. All contracts entered into by the controlled substances board in effect on the
17effective date of this subdivision remain in effect. The controlled substances board
18shall carry out the obligations of any such contract until modified or rescinded by the
19controlled substances board to the extent allowed under the contract.
AB687,4,2
202. All contracts entered into by the department of health and family services
21in effect on the effective date of this subdivision that are primarily related to the
22functions of the controlled substances board, as determined jointly by the secretary
23of health and family services and the secretary of regulation and licensing, remain
24in effect and are transferred to the department of regulation and licensing. The
25department of regulation and licensing shall carry out the obligations of any such
1contract until modified or rescinded by the department of regulation and licensing
2to the extent allowed under the contract.
AB687,4,8
3(d)
Rules and orders. All rules promulgated by the controlled substances board
4that are in effect on the effective date of this paragraph remain in effect until their
5specified expiration date or until amended or repealed by the controlled substances
6board. All orders issued by the controlled substances board that are in effect on the
7effective date of this paragraph remain in effect until their specified expiration date
8or until modified or rescinded by the controlled substances board.
AB687,4,11
10(1)
Transfer of controlled substances board. This act takes effect on July 1,
111996, or on the day after publication, whichever is later.
