Chapter 255

255.03(2) (2) Establish programs of community and professional education relevant to the detection, prevention and control of chronic diseases.

255.03(3) (3) Assist local health departments in performing activities related to chronic disease, including risk assessment, monitoring, surveillance and education.

255.03 History History: 1993 a. 27.

255.04 255.04 Cancer reporting.

255.04(1) (1) Any hospital, as defined under s. 50.33 (2), any physician and any laboratory certified under 42 USC 263a shall report information concerning any person diagnosed as having cancer or a precancerous condition to the department as prescribed by the department under sub. (2).

255.04(2) (2) The department shall prescribe:

255.04(2)(a) (a) The form on which the report under sub. (1) shall be submitted.

255.04(2)(b) (b) The time schedule under which the report under sub. (1) shall be submitted.

255.04(2)(c) (c) The types of cancer and precancerous conditions to be reported under sub. (1).

255.04(3) (3) Any information reported to the department under sub. (1) or (5) which could identify any individual who is the subject of the report or a physician submitting the report shall be confidential and may not be disclosed by the department except to the following:

255.04(3)(a) (a) A central tumor registry in another state if the individual who is the subject of the information resides in the other state.

255.04(3)(b) (b) A national tumor registry recognized by the department.

255.04(3)(c) (c) A researcher who proposes to conduct research, if all of the following conditions are met:

255.04(3)(c)1. 1. The researcher applies in writing to the department for approval of access to individually identifiable information under sub. (1) or (5) that is necessary for performance of the proposed research, and the department approves the application. An application under this subdivision shall include all of the following:

255.04(3)(c)1.a. a. A written protocol to perform research.

255.04(3)(c)1.b. b. The researcher’s professional qualifications to perform the proposed research.

255.04(3)(c)1.c. c. Documentation of approval of the research protocol by an institutional review board of a domestic institution that has a federalwide assurance approved by the office for human research protections of the federal department of health and human services.

255.04(3)(c)1.d. d. Any other information requested by the department.

255.04(3)(c)2. 2. The proposed research is for the purpose of studying cancer, cancer prevention, or cancer control.

255.04(4) (4) The report of information under sub. (1) or (5) may not be construed as a violation of any person’s responsibility for maintaining the confidentiality of patient health care records, as defined under s. 146.81 (4).

255.04(5) (5) The department may, to the extent feasible, collect information related to the occupation of cancer patients in order to fulfill the purpose of s. 250.04 (3) (b) 4.

255.04(6) (6) The department may charge a reasonable fee for disclosing information to a researcher under sub. (3) (c).

255.04(7) (7) Information obtained by the department under sub. (1) or (5) or obtained by a person under sub. (3) (c) is not subject to inspection, copying, or receipt under s. 19.35 (1).

255.04(8) (8) No person to whom information is disclosed under sub. (3) (c) may do any of the following:

255.04(8)(a) (a) Use the information for a purpose other than for the performance of research as specified in the application under sub. (3) (c) 1., as approved by the department.

255.04(8)(b) (b) Disclose the information to a person who is not connected with performance of the research.

255.04(8)(c) (c) Reveal in the final research product information that may identify an individual whose information is disclosed under sub. (3) (c).

255.04(9) (9) Whoever violates sub. (8) (a), (b), or (c) is liable to the subject of the information for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

255.04(10) (10) 

255.04(10)(a) (a) Whoever intentionally violates sub. (8) (a), (b), or (c) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.

255.04(10)(b) (b) Any person who violates sub. (8) (a), (b), or (c) may be required to forfeit not more than $100 for each violation. Each day of continued violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this paragraph constitutes a violation.

255.04(10)(c) (c) The department may directly assess forfeitures under par. (b). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

255.04 History History: 1985 a. 29; 1989 a. 173 ss. 2, 13; 1993 a. 16; 1993 a. 27 s. 48; Stats. 1993 s. 255.04; 1993 a. 183; 1997 a. 114; 2009 a. 28.

255.05 255.05 Cancer control and prevention grants.

255.05(1) (1) Definitions. In this section:

255.05(1)(a) (a) “Institution” means any hospital, nursing home, county home, county mental hospital, community-based residential facility or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09.

255.05(1)(b) (b) “Nonprofit corporation” means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

255.05(1)(c) (c) “Organization” means a nonprofit corporation or a public agency which proposes to provide services to individuals.

255.05(1)(d) (d) “Public agency” means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.

255.05(2) (2) From the appropriation account under s. 20.435 (1) (cc), the department shall award up to $400,000 in each fiscal year as grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50 percent, and the grantee 50 percent, of the total grant funding.

255.05(3) (3) The department shall promulgate rules establishing the criteria and procedures for the awarding of grants for projects under sub. (2).

255.05 History History: 1987 a. 399; 1989 a. 31; 1991 a. 39; 1993 a. 27 s. 344; Stats. 1993 s. 255.05; 1995 a. 27; 1997 a. 27, 79; 1999 a. 9; 2007 a. 96; 2009 a. 28.

255.05 Cross-reference Cross-reference: See also ch. DHS 147, Wis. adm. code.

255.055 255.055 Cancer research program.

255.055(1) (1) The Medical College of Wisconsin, Inc. shall use the moneys appropriated under s. 20.250 (2) (g) and the University of Wisconsin Carbone Cancer Center shall use the moneys paid under s. 71.10 (5f) (i) for cancer research projects. These moneys may not be used to supplant funds available for cancer research from other sources.

255.055(2) (2) Annually by January 1, the Medical College of Wisconsin, Inc., and the Board of Regents of the University of Wisconsin System shall each report to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor on the cancer research projects each has conducted under sub. (1) in the previous fiscal year.

255.055 History History: 2003 a. 176; 2011 a. 32, 222.

255.056 255.056 Drug repository.

255.056(1) (1) Definitions. In this section:

255.056(1)(b) (b) “Dispense” has the meaning given in s. 450.01 (7).

255.056(1)(bd) (bd) “Donor” means any person authorized under state or federal law to possess a drug, including an individual member of the public; wholesaler or distributor; 3rd-party logistics provider; pharmacy; dispenser; clinic; surgical or health center; detention or rehabilitation center; jail; prison; laboratory; medical or pharmacy school; prescriber or other health care professional; long-term care facility or health care facility; government agency; drug manufacturer; repackager; relabeler; outsourcing facility; hospital operated by the federal department of veterans affairs; or person authorized to import a drug under section 801 or 804 of the federal Food, Drug, and Cosmetic Act, 21 USC 381 to 384, or a similar provision of federal law.

255.056(1)(bg) (bg) “Drug” means any of the following:

255.056(1)(bg)1. 1. A drug, as defined in s. 450.01 (10).

255.056(1)(bg)2. 2. A nonprescription drug product, as defined in s. 450.01 (13m).

255.056(1)(bg)3. 3. A prescription drug.

255.056(1)(bm) (bm) “Eligible patient” means an individual who is indigent, uninsured, underinsured, or enrolled in a public health benefits program. “Eligible patient” includes a patient who is not indigent, uninsured, underinsured, or enrolled in a public health benefits program if a need for a donated drug is not identified among patients who are indigent, uninsured, underinsured, or enrolled in a public health benefits program.

255.056(1)(br) (br) “Health care professional” means a person who is licensed to practice as a physician, registered nurse, licensed practical nurse, advanced practice registered nurse licensed under s. 441.09, optometrist, pharmacist, pharmacy technician, or any other person who is authorized to dispense or administer drugs.

Effective date note NOTE: Par. (br) is shown as amended eff. 9-1-26 by 2025 Wis. Act 231, section 4. Prior to 9-1-26 it reads:

Effective date text (br) “Health care professional” means a person who is licensed to practice as a physician, registered nurse, licensed practical nurse, advanced practice registered nurse, as defined in s. 154.01 (1g), optometrist, pharmacist, pharmacy technician, or any other person who is authorized to dispense or administer drugs.

255.056(1)(c) (c) “Medical facility” has the meaning given in s. 943.145 (1).

255.056(1)(d) (d) “Pharmacist” means a person licensed by the pharmacy examining board under s. 450.03 or 450.05 or licensed similarly in the state in which the person is located.

255.056(1)(e) (e) “Pharmacy” means a pharmacy that is licensed under s. 450.06 or licensed or permitted similarly in the state in which the pharmacy is located.

255.056(1)(f) (f) “Practitioner” means any of the following:

255.056(1)(f)1. 1. A person licensed in this state to prescribe and administer drugs.

255.056(1)(f)2. 2. A person licensed in another state and authorized to prescribe and administer drugs in this state.

255.056(1)(f)3. 3. A person licensed to prescribe and administer drugs in the state in which they are located.

255.056(1)(g) (g) “Prescription drug” has the meaning given in s. 450.01 (20).

255.056(1)(gc) (gc) “Recipient” means a person that is licensed or permitted to possess a drug in the state in which the person is located, including a wholesaler or distributor, reverse distributor, repackager, hospital, pharmacy, medical facility, clinic, or prescriber office.

255.056(1)(gm) (gm) “Returns processor” has the meaning given in 21 USC 360eee (18) and includes a reverse distributor.

255.056(1)(h) (h) “Supplies” means items that are necessary to administer a drug.

255.056(1)(m) (m) “Tamper-evident packaging” means a packaging system the contents of which cannot be accessed without obvious destruction of the packaging system, including unit-dose, multiple-dose, immediate, secondary, and tertiary packaging.

255.056(2) (2) The department shall establish and maintain a drug repository program, under which a donor may donate a drug or supplies, other than a drug specified under sub. (2m), and a recipient may receive a donated drug or supply for use by an eligible patient.

255.056(2g) (2g) 

255.056(2g)(a) (a) A recipient may charge an eligible patient who receives a drug or supplies under sub. (2) a handling fee.

255.056(2g)(b) (b) If the recipient is a for-profit entity, the handling fee under par. (a) may not exceed the recipient’s cost of providing the drug or supplies, including the current and anticipated costs of educating eligible patients or donors, providing technical support to participating donors, shipping and handling, labor, storage, licensing, utilities, advertizing, technology, supplies, and equipment. No limitation other than the limitations described under this paragraph may be imposed upon the amount of a handling fee under par. (a).

255.056(2h) (2h) A recipient that receives a donated drug or supply under sub. (2) may do any of the following:

255.056(2h)(a) (a) Distribute the drug or supply to another recipient for use under the program under this section or to an entity participating in a drug donation program operated by another state.

255.056(2h)(b) (b) Repackage the donated drug or supply as necessary for storage, dispensing, administration, or transfers, in accordance with sub. (12).

255.056(2h)(c) (c) Replenish with the drug or supply a drug or supply of the same drug name and strength that was previously dispensed or administered to eligible patients.

255.056(2m) (2m) None of the following drugs may be donated, accepted into inventory, distributed, or dispensed under this section:

255.056(2m)(a) (a) A controlled substance, as defined in s. 961.01 (4).

255.056(2m)(b) (b) A drug for which the U.S. food and drug administration has a risk evaluation and mitigation strategy that prohibits inventory transfers under 21 USC 355-1.

255.056(3) (3) A drug or supplies may be accepted into inventory under the program specified in sub. (2) only if all of the following requirements are met:

255.056(3)(a) (a) The drug or supplies are in their unopened, tamper-evident packaging; if the drug or supplies are packaged in single-unit doses, the single-unit-dose packaging is unopened; or the drug or supplies have been repackaged as part of the program specified under sub. (2).

255.056(3)(b) (b) In the case of a drug, the drug is not expired.

255.056(3)(bm) (bm) In the case of a drug that requires temperature control other than room temperature storage, the drug has a method recognized by the U.S. Pharmacopeia to detect improper temperature variations during transit.

255.056(3m) (3m) A recipient may administer or dispense a drug or supply accepted into inventory under the program described in sub. (2) only if it meets all of the following requirements:

255.056(3m)(a) (a) If dispensed to a patient, the drug or supply is repackaged into a new container or all previous patient information on the donated container has been redacted or removed.

255.056(3m)(b) (b) The drug or supply is properly labeled in accordance with rules promulgated by the pharmacy examining board.