961.37(2)(b)(b) The name of the prescribing practitioner, the prescription number, and the name of the drug as it appears on the prescription order or prescription medicine container if a prescription medicine container was in the vicinity of the suspected violation, drug overdose, or death or if a controlled-substance prescription was reported stolen.
961.37(3)(3)
961.37(3)(a)(a) The law enforcement agency receiving the report under sub. (2) shall, except as provided under par. (b), submit notice of the suspected violation of this chapter, the opioid-related drug overdose, the death as a result of using a narcotic drug, or the report of a stolen controlled-substance prescription, and the information reported under sub. (2) to the prescription drug monitoring program.
961.37(3)(b)(b) If a law enforcement agency determines that submitting any information under par. (a) would interfere with an active criminal investigation, the law enforcement agency may postpone the action until the investigation concludes.
961.37 HistoryHistory: 2015 a. 268.
961.38961.38Prescriptions.
961.38(1g)(1g)In this section, “medical treatment” includes dispensing or administering a narcotic drug for pain, including intractable pain.
961.38(1n)(1n)
961.38(1n)(a)(a) A pharmacy or physician approved under s. 961.34 (2) may dispense cannabidiol products as a treatment for a medical condition.
961.38(1n)(b)(b) A physician licensed under s. 448.04 (1) (a) may issue an individual a certification, as defined in s. 961.32 (2m) (a), stating that the individual possesses a cannabidiol product to treat a medical condition.
961.38(1r)(1r)Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance included in schedule II may be dispensed without the written hard copy or electronic prescription of a practitioner.
961.38(2)(2)In emergency situations, as defined by rule of the pharmacy examining board, schedule II drugs may be dispensed upon an oral prescription of a practitioner, reduced promptly to a written hard copy or electronic record and filed by the pharmacy. Prescriptions shall be retained in conformity with rules of the pharmacy examining board promulgated under s. 961.31. No prescription for a schedule II substance may be refilled.
961.38(3)(3)Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled except as designated on the prescription and in any case not more than 6 months after the date thereof, nor may it be refilled more than 5 times, unless renewed by the practitioner.
961.38(4)(4)
961.38(4)(a)(a) A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
961.38(4)(b)(b) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance specified in s. 961.22 (2) shall not be dispensed without a written, oral, or electronic prescription of a practitioner.
961.38(4g)(4g)A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner’s profession.
961.38(4r)(4r)A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.
961.38(5)(5)No practitioner shall prescribe, orally, electronically or in writing, or take without a prescription a controlled substance included in schedule I, II, III or IV for the practitioner’s own personal use.
961.38 HistoryHistory: 1971 c. 219; 1975 c. 190, 421; 1977 c. 203; 1995 a. 448 ss. 235 to 240, 483 to 485; Stats. 1995 s. 961.38; 1997 a. 27; 2011 a. 159; 2013 a. 267; 2017 a. 4, 25; 2019 a. 68.
961.38 AnnotationReefer Madness: Lighting Up in the Dairyland. Bailey. Wis. Law. Nov. 2014.
961.385961.385Prescription drug monitoring program.
961.385(1)(1)In this section:
961.385(1)(a)(a) “Administer” means the direct application of a monitored prescription drug, whether by injection, ingestion, or any other means, to the body of a patient by any of the following:
961.385(1)(a)1.1. A practitioner or his or her agent.
961.385(1)(a)2.2. A patient at the direction of a practitioner.
961.385(1)(a)3.3. A pharmacist.
961.385(1)(ab)(ab) “Agent” means an authorized person who acts on behalf of or at the direction of another person.
961.385(1)(ac)(ac) “Board” means the controlled substances board.