165.63(4)(c) (c) Make a determination under s. 175.48 (2) (a) or 175.49 (2) (b) 4. or (5).
165.63(4)(d) (d) Aid the court in making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.
165.63(5) (5)Return of seized firearm. In making a determination required under s. 968.20 (1m) (d) 2., an entity holding a seized firearm shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).
165.63 History History: 2013 a. 223, 321; 2015 a. 141; 2017 a. 145, 365.
165.65 165.65 Drug disposal program.
165.65(1)(1)Definitions. In this section:
165.65(1)(a) (a) “Authorized under federal law" means permitted under 21 USC 801 to 971 or 21 CFR 1300 to 1321.
165.65(1)(am) (am) “Controlled substance" has the meaning given in s. 961.01 (4).
165.65(1)(b) (b) “Controlled substance analog" has the meaning given in s. 961.01 (4m).
165.65(1)(c) (c) “Drug disposal program" means a program to receive household pharmaceutical items and to recycle, destroy, or otherwise dispose of those items. “Drug disposal program" does not include a sharps collection station operated in compliance with rules promulgated by the department of natural resources.
165.65(1)(d) (d)
165.65(1)(d)1.1. Except as provided under subd. 2., “household pharmaceutical item" means any of the following if lawfully possessed by an individual for the individual's own use, for the use of a member of the individual's household, or for the use of an animal owned by the individual or a member of the individual's household:
165.65(1)(d)1.a. a. A drug, as defined in s. 450.01 (10); a prescription drug, as defined in s. 450.01 (20); or a controlled substance or controlled substance analog, if the drug, prescription drug, or controlled substance or controlled substance analog is located in or comes from a place where the individual, a member of the individual's household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the drug, prescription drug, or controlled substance or controlled substance analog.
165.65(1)(d)1.b. b. A device, as defined in s. 450.01 (6), or an object used for administering a drug, if the device or object is located in or comes from a place where the individual, a member of the individual's household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the device or object.
165.65(1)(d)2. 2. “Household pharmaceutical item" does not include any of the following:
165.65(1)(d)2.a. a. Any item that may be contaminated with antineoplastic chemotherapy drugs, including objects used to administer drugs, gloves, and other items that have come into contact with chemotherapy drugs.
165.65(1)(d)2.b. b. Any item containing elemental mercury.
165.65(1)(e) (e) “Political subdivision" means a city, village, town, or county.
165.65(2) (2)Department of justice authorization to operate a drug disposal program.
165.65(2)(a) (a) Except as provided under sub. (3), no person may receive household pharmaceutical items pursuant to a drug disposal program unless the department of justice grants written authorization for that program under par. (b) or the program is authorized under federal law.
165.65(2)(b) (b) The department of justice may, without a hearing, grant written authorization to a person to operate a drug disposal program if all of the following conditions are satisfied:
165.65(2)(b)1. 1. The person adopts written policies and procedures that comply with sub. (5). The department of justice shall review and either approve or disapprove in writing those policies and procedures. The department of justice shall approve the policies and procedures if the department of justice determines that the policies and procedures do not violate the requirements of this section or any other applicable federal or state law, and shall disapprove them otherwise. If the department of justice disapproves the policies and procedures, the department of justice shall state the reasons for that disapproval in writing to the person. At any time, the person may resubmit revised policies and procedures to the department of justice for its review and approval under this subdivision.
165.65(2)(b)2. 2. If the drug disposal program will receive household pharmaceutical items in any manner other than the transfer of a household pharmaceutical item in person to the program by a person that lawfully possesses the household pharmaceutical item, the person demonstrates to the satisfaction of the department of justice that those transfers will comply with any federal or state law applicable to the transportation and delivery of household pharmaceutical items.
165.65(2)(c) (c) A person may not revise policies and procedures approved by the department of justice under par. (b) 1. unless the department of justice approves the revisions under par. (b) 1.
165.65(2)(d) (d) Any determination or action by the department of justice under par. (b) or (c) is not subject to judicial review.
165.65(3) (3)Authorization by a political subdivision to operate a drug disposal program. A political subdivision may operate or the governing body of a political subdivision may grant written authorization for a person to operate a drug disposal program only if all of the following apply:
165.65(3)(a) (a) The political subdivision or the authorized person operates the drug disposal program only within the boundaries of the political subdivision, except as provided under sub. (4).
165.65(3)(b) (b) The applicable requirements under sub. (5) are satisfied.
165.65(3)(c) (c) The drug disposal program receives household pharmaceutical items only by means of delivery in person by a person that lawfully possesses the household pharmaceutical item, unless the drug disposal program is authorized under federal law to receive household pharmaceutical items by other means.