SB351,3,77 (e) "Political subdivision" means a city, village, town, or county.
SB351,3,12 8(2) Department of justice authorization to operate a drug disposal program.
9(a) Except as provided under sub. (3), no person may receive pharmaceutical items
10pursuant to a drug disposal program unless the department of justice grants written
11authorization for that program under par. (b) or the program is authorized under
12federal law.
SB351,3,1513 (b) The department of justice may, without a hearing, grant written
14authorization to a person to operate a drug disposal program if all of the following
15conditions are satisfied:
SB351,3,2516 1. The person adopts written policies and procedures that comply with sub. (5).
17The department of justice shall review and either approve or disapprove in writing
18those policies and procedures. The department of justice shall approve the policies
19and procedures if the department of justice determines that the policies and
20procedures do not violate the requirements of this section or any other applicable
21federal or state law, and shall disapprove them otherwise. If the department of
22justice disapproves the policies and procedures, the department of justice shall state
23the reasons for that disapproval in writing to the person. At any time, the person may
24resubmit revised policies and procedures to the department of justice for its review
25and approval under this subdivision.
SB351,4,6
12. If the drug disposal program will receive pharmaceutical items in any
2manner other than the transfer of a pharmaceutical item in person to the program
3by a person that lawfully possesses the pharmaceutical item, the person
4demonstrates to the satisfaction of the department of justice that those transfers will
5comply with any federal or state law applicable to the transportation and delivery
6of pharmaceutical items.
SB351,4,97 (c) A person may not revise policies and procedures approved by the
8department of justice under par. (b) 1. unless the department of justice approves the
9revisions under par. (b) 1.
SB351,4,1110 (d) Any determination or action by the department of justice under par. (b) or
11(c) is not subject to judicial review.
SB351,4,15 12(3) Authorization by a political subdivision to operate a drug disposal
13program.
A political subdivision may operate or the governing body of a political
14subdivision may grant written authorization for a person to operate a drug disposal
15program only if all of the following apply:
SB351,4,1816 (a) The political subdivision or the authorized person operates the drug
17disposal program only within the boundaries of the political subdivision, except as
18provided under sub. (4).
SB351,4,1919 (b) The applicable requirements under sub. (5) are satisfied.
SB351,4,2320 (c) The drug disposal program receives pharmaceutical items only by means
21of delivery in person by a person that lawfully possesses the pharmaceutical item,
22unless the drug disposal program is authorized under federal law to receive
23pharmaceutical items by other means.
SB351,5,3 24(4) Multijurisdictional drug disposal program. A drug disposal program may
25operate within more than one political subdivision if the department of justice

1authorizes that program under sub. (2), all political subdivisions within which the
2drug disposal program operates authorize that program under sub. (3), or the
3program is authorized under federal law.
SB351,5,7 4(5) Operation of a drug disposal program. (a) A person that operates a drug
5disposal program, except a drug disposal program that is authorized under federal
6law, shall establish and promptly update as appropriate written policies and
7procedures that do all of the following:
SB351,5,138 1. Describe in detail the manner in which the program operates, including an
9identification of the kinds of pharmaceutical items that may be received under the
10program, whether the program may receive controlled substances and controlled
11substance analogs, whether pharmaceutical items will be transferred by mail under
12the program, and the locations at which pharmaceutical items may be transferred
13in person under the program.
SB351,5,1614 2. List the name, address, telephone number, and 24-hour contact information
15for one or more persons in this state who are responsible for the operation of the
16program.
SB351,5,1917 3. Ensure compliance with chs. 450 and 961; with any applicable provision
18under chs. 287, 289, and 291 and s. 299.51 relating to medical waste, solid waste, or
19hazardous waste; and with any other applicable federal or state law.
SB351,5,2220 (b) 1. The policies and procedures for a drug disposal program authorized under
21sub. (2) and any changes to those policies and procedures are subject to review and
22approval under sub. (2) (b) 1.
SB351,6,923 2. Legal counsel for the political subdivision, or, at the discretion of the political
24subdivision, the department of justice if the political subdivision's legal counsel is not
25an employee of the political subdivision, shall review and either approve or

1disapprove the policies and procedures for a drug disposal program implemented or
2authorized under sub. (3) and any changes to those policies and procedures. Legal
3counsel, or the department of justice if appropriate, shall approve the policies and
4procedures or changes if it determines that the policies and procedures or changes
5do not violate the requirements of this section or any other applicable federal or state
6law, and shall disapprove them otherwise. Any approval under this subdivision shall
7be in writing. The political subdivision shall provide a copy of the approval and a copy
8of the policies and procedures or changes to the policies and procedures to the
9department of justice.
SB351,6,1910 (c) The operation of a drug disposal program, including a drug disposal program
11that is authorized under federal law, shall immediately cease if a law enforcement
12officer, as defined in s. 165.85 (2) (c), a federal law enforcement officer, as defined in
13s. 175.40 (7) (a) 1., the department of justice, or another federal or state agency
14notifies a designated contact person for the program that the program is in violation
15of any federal or state law enforceable by the officer, department of justice, or other
16agency. That notification is not subject to judicial review. The program may resume
17operation only upon the program's receipt of written notice from the officer,
18department of justice, or other agency that the program is no longer in violation of
19the federal or state law.
SB351,6,24 20(6) Transfer and receipt of pharmaceutical items. (a) Notwithstanding ss.
21450.03 (1) and 450.11 (7) (g) and (h) and (9) (b), a person that lawfully possesses a
22pharmaceutical item may transfer, and it is not a crime for such a person to transfer,
23the pharmaceutical item to a drug disposal program if the program is authorized
24under sub. (2) or (3) or is authorized under federal law.
SB351,7,8
1(b) Notwithstanding s. 450.11 (7) (g) and (h) and (9) (b), a person may receive,
2and it is not a crime for a person to possess, a pharmaceutical item pursuant to a drug
3disposal program if the receipt or possession is within the scope of the program and
4the program is authorized under sub. (2) or (3) or is authorized under federal law or,
5if the receipt or possession is not within the scope of the program, the receipt or
6possession is inadvertent and the program promptly notifies an appropriate law
7enforcement officer of the receipt or possession and complies with any instructions
8the law enforcement officer provides.
SB351,3 9Section 3. 450.01 (23) (n) of the statutes is created to read:
SB351,7,1410 450.01 (23) (n) The operation or implementation of a drug disposal program
11that is authorized under s. 165.65 (2) or (3) or is authorized under federal law, as
12defined in s. 165.65 (1) (a), or the possession or delivery of a pharmaceutical item, as
13defined in s. 165.65 (1) (d), within the scope of a drug disposal program that is
14authorized under s. 165.65 (2) or (3) or is authorized under federal law.
SB351,4 15Section 4. 450.01 (23) (o) of the statutes is created to read:
SB351,7,1716 450.01 (23) (o) The possession or delivery of a prescription drug within the
17scope of a written authorization under s. 450.115 (3).
SB351,5 18Section 5. 450.115 of the statutes is created to read:
SB351,7,19 19450.115 Drug disposal programs and authorizations. (1) In this section:
SB351,7,2120 (a) "Guardian" means the person named by the court under ch. 880, 2003 stats.,
21or ch. 48 or 54 that has the duty and authority of guardianship.
SB351,7,2422 (b) "Personal representative" means an executor, administrator, or special
23administrator of a decedent's estate, a person legally authorized to perform
24substantially the same functions, or a successor to any of those persons.
SB351,8,2
1(c) "Trustee" means a person that holds in trust title to or power over property.
2"Trustee" includes an original, added, or successor trustee.
SB351,8,33 (d) "Ward" means a person for whom a guardian has been appointed.
SB351,8,5 4(2) Nothing in this chapter, or rules promulgated under this chapter, prohibits
5any of the following:
SB351,8,86 (a) The direct operation or implementation of a drug disposal program that is
7authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined
8in s. 165.65 (1) (a).
SB351,8,129 (b) The transfer of a prescription drug by a person that lawfully possesses the
10prescription drug to a drug disposal program that is authorized under s. 165.65 (2)
11or (3) or is authorized under federal law, as defined in s. 165.65 (1) (a), and that
12accepts the prescription drug.
SB351,8,1413 (c) Subject to sub. (4), the possession of a prescription drug under a written
14authorization described in sub. (3).
SB351,8,18 15(3) (a) A guardian may grant written authorization to an adult who is related
16to the guardian's ward by blood, marriage, or adoption within the 3rd degree of
17kinship as computed under s. 990.001 (16), or to a domestic partner of the ward under
18ch. 770, for the disposal of a prescription drug that belongs to the ward.
SB351,8,2119 (b) A personal representative or a trustee may grant written authorization to
20an adult beneficiary, as defined in s. 701.20 (2) (b), of the estate or trust for the
21disposal of a prescription drug that belongs to the estate or trust.
SB351,9,222 (c) A person who is a competent adult may grant written authorization to that
23person's domestic partner under ch. 770 or to another adult who is related to that
24person by blood, marriage, or adoption within the 3rd degree of kinship as computed

1under s. 990.001 (16), for the disposal of a prescription drug that lawfully belongs to
2that person.
SB351,9,4 3(4) A written authorization under sub. (3) is valid only to the extent permitted
4under federal law and only if all of the following conditions are satisfied:
SB351,9,65 (a) The authorization describes with reasonable specificity each prescription
6drug that is to be disposed of.
SB351,9,117 (b) The authorization is in the physical possession of the person authorized to
8dispose of the prescription drug and each prescription drug described in the
9authorization is, within 24 hours after the authorization is signed by the person
10granting the authorization, transferred to a drug disposal program under s. 165.65
11or otherwise lawfully disposed of.
SB351,9,1312 (c) The authorization and each prescription drug to be disposed of were
13obtained without consideration.
SB351,6 14Section 6. Subchapter III (title) of chapter 961 [precedes 961.31] of the
15statutes is amended to read:
SB351,9,1616 CHAPTER 961
SB351,9,1717 SUBCHAPTER III
SB351,9,2118 REGULATION OF MANUFACTURE,
19 DISTRIBUTION AND, DISPENSING,
20 and possession
OF CONTROLLED
21 SUBSTANCES
SB351,7 22Section 7. 961.32 (2) (e) of the statutes is created to read:
SB351,9,2523 961.32 (2) (e) A person actively engaged in the direct operation or
24implementation of a drug disposal program that is authorized under s. 165.65 (2) or
25(3) or is authorized under federal law, as defined in s. 165.65 (1) (a).
SB351,8
1Section 8. 961.335 (1) of the statutes is renumbered 961.335 (1) (a) and
2amended to read:
SB351,10,73 961.335 (1) (a) Upon application the controlled substances board may issue a
4permit authorizing a person to manufacture, obtain, possess, use, administer, or
5dispense a controlled substance for purposes of scientific research, instructional
6activities, chemical analysis, or other special uses, without restriction because of
7enumeration. No
SB351,10,9 8(b) Except as provide in par. (c), no person shall may engage in any such activity
9described under par. (a) without a permit issued under this section, except that an.
SB351,10,17 10(c) 3. An individual may be who is designated and authorized to receive the a
11permit under this section for a college or university department, research unit, or
12similar administrative organizational unit, and students, laboratory technicians,
13research specialists, or chemical analysts under his or her supervision, may be
14permitted possession and use of controlled substances for these purposes
, without
15obtaining an individual additional permit issued under this section, possess and use
16a controlled substance, for the purposes authorized in the permit received for the
17department or unit
.
SB351,9 18Section 9. 961.335 (1) (c) 1. and 2. of the statutes are created to read:
SB351,10,2319 961.335 (1) (c) 1. A person who is actively engaged in the direct operation or
20implementation of a drug disposal program that is authorized under s. 165.65 (2) or
21(3) or is authorized under federal law, as defined in s. 165.65 (1) (a), may, without a
22permit issued under this section, obtain or possess a controlled substance for the
23purposes of operating and implementing the drug disposal program.
SB351,11,3
12. A person who is permitted under federal law to dispose of a controlled
2substance may, without a permit issued under this section, possess the controlled
3substance for the purpose of disposing of the controlled substance.
SB351,10 4Section 10. 961.337 of the statutes is created to read:
SB351,11,6 5961.337 Drug disposal programs. Nothing in this chapter, or rules
6promulgated under this chapter, prohibits any of the following:
SB351,11,9 7(1) The direct operation or implementation of a drug disposal program that is
8authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined
9in s. 165.65 (1) (a).
SB351,11,15 10(2) The transfer by the ultimate user, or by another person that lawfully
11possesses the controlled substance or controlled substance analog, of a controlled
12substance or controlled substance analog to a drug disposal program that has been
13authorized under s. 165.65 (2) or (3) or is authorized under federal law, as defined
14in s. 165.65 (1) (a), and that accepts the controlled substance or controlled substance
15analog.
SB351,11 16Section 11. Effective date.
SB351,11,1817 (1) This act takes effect on the first day of the 4th month beginning after
18publication.
SB351,11,1919 (End)
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