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AB1063,17,2320 1. A positive test for cannabis components or metabolites, in the absence of
21other acts or omissions that constitute substantial fault under sub. (5). This
22subdivision applies only with respect to an employee with a valid written
23certification and a valid registry identification card.
AB1063,17,2524 2. A violation of the employer's policy concerning the use of cannabis, if all of
25the following apply:
AB1063,18,2
1a. The employee was using medical cannabis in accordance with a valid written
2certification.
AB1063,18,33 b. The employee held a valid registry identification card.
AB1063,18,54 c. The employee did not use or possess medical cannabis on the employer's
5premises or during working hours.
AB1063,18,76 d. The use did not impair the individual's ability to adequately perform the
7job-related responsibilities of that individual's employment.
AB1063,22 8Section 22 . 111.32 (15) of the statutes is created to read:
AB1063,18,149 111.32 (15) “Use of a lawful product off the employer's premises during
10nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f),
11off the employer's premises during nonworking hours but only if such use is in
12accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the
13use is by an individual who holds a valid registry identification card, as defined in
14s. 146.44 (1) (g).
AB1063,23 15Section 23 . 111.34 (1) (c) of the statutes is created to read:
AB1063,18,2216 111.34 (1) (c) 1. Except as provided in subd. 2., refusing to hire or employ,
17barring, suspending, or terminating an individual, or discriminating against an
18individual in promotion, in compensation, or in terms, conditions, or privileges of
19employment, based on the individual's use of medical cannabis, as defined in s. 94.57
20(1) (f), if such use is in accordance with a valid written certification, as defined in s.
21146.44 (1) (h), and the individual holds a valid registry identification card, as defined
22in s. 146.44 (1) (g).
AB1063,18,2323 2. Subdivision 1. does not apply if any of the following applies:
AB1063,18,2524 a. The employee uses or possesses medical cannabis on the employer's premises
25or during working hours.
AB1063,19,2
1b. The use impairs the individual's ability to undertake adequately the
2job-related responsibilities of that individual's employment.
AB1063,19,53 c. The refusal, bar, suspension, termination, or discrimination is necessary for
4the employer to avoid losing a monetary or licensing-related benefit under federal
5law or regulations.
AB1063,24 6Section 24 . 111.35 (2) (e) of the statutes is amended to read:
AB1063,19,107 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation.
8This paragraph does not apply with respect to any conflict between the use of medical
9cannabis described in s. 111.32 (15) and violations concerning marijuana or
10tetrahydrocannabinols under 21 USC 841 to 865.
AB1063,25 11Section 25 . 111.35 (2) (f) of the statutes is created to read:
AB1063,19,1412 111.35 (2) (f) In the case of use of medical cannabis described in s. 111.32 (15),
13would result in the employer losing a monetary or licensing-related benefit under
14federal law or regulations.
AB1063,26 15Section 26 . 146.44 of the statutes is created to read:
AB1063,19,17 16146.44 Medical cannabis registry program. (1) Definitions. In this
17section:
AB1063,19,1918 (a) “Applicant" means a person who is applying for a registry identification card
19under sub. (2) (a) or (ac).
AB1063,19,2120 (ag) “Bona fide practitioner-patient relationship" means a relationship
21between a practitioner and a patient that includes all of the following:
AB1063,19,2322 1. An assessment of the patient's medical history and current medical condition
23by the practitioner, including an in-person physical examination if appropriate.
AB1063,19,2524 2. A consultation between the practitioner and the patient with respect to the
25patient's debilitating medical condition or treatment.
AB1063,20,2
13. Availability by the practitioner to provide follow-up care and treatment to
2the patient, including patient examinations.
AB1063,20,33 (b) “Debilitating medical condition or treatment" means any of the following:
AB1063,20,94 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for
5the presence of human immunodeficiency virus, antigen or nonantigenic products of
6human immunodeficiency virus, or an antibody to human immunodeficiency virus,
7Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amyotrophic
8lateral sclerosis, nail-patella syndrome, Ehlers-Danlos syndrome, post-traumatic
9stress disorder, or the treatment of these conditions.
AB1063,20,1010 2. Opioid abatement or reduction or treatment for opioid addiction.
AB1063,20,1411 3. A chronic or debilitating disease or medical condition or the treatment of
12such a disease or condition that causes cachexia, severe pain, severe nausea,
13seizures, including those characteristic of epilepsy, or severe and persistent muscle
14spasms, including those characteristic of multiple sclerosis.
AB1063,20,1715 4. Any other medical condition or any other treatment for a medical condition
16designated as a debilitating medical condition or treatment in rules promulgated by
17the department under s. 961.436 (5).
AB1063,20,1818 (c) “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
AB1063,20,2019 (cm) “Out-of-state registry identification card" means a document that is valid
20as provided under sub. (7) (f).
AB1063,20,2321 (cp) “Practitioner” means a person licensed as a physician, as defined in s.
22448.01 (5), a physician assistant, or an advanced practice nurse prescriber certified
23under s. 441.16 (2).
AB1063,20,2524 (d) “Primary caregiver" means a person who has agreed to help a qualifying
25patient use or acquire medical cannabis and who has a registry identification card.
AB1063,21,4
1(e) “Qualifying patient" means a person who has been diagnosed in the course
2of a bona fide practitioner-patient relationship as having or undergoing a
3debilitating medical condition or treatment but does not include a person under the
4age of 18 years unless all of the following apply:
AB1063,21,75 1. The person's practitioner has explained the potential risks and benefits of
6using medical cannabis to the person and to a parent, guardian, or person having
7legal custody of the person.
AB1063,21,98 2. The parent, guardian, or person having legal custody of the person provides
9to the practitioner a written statement consenting to do all of the following:
AB1063,21,1010 a. Allow the person to use medical cannabis.
AB1063,21,1111 b. Serve as a primary caregiver for the person.
AB1063,21,1212 c. Manage the person's use of medical cannabis.
AB1063,21,1313 (f) “Registrant" means a person to whom a registry identification card is issued.
AB1063,21,1514 (g) “Registry identification card" means a document issued by the department
15under sub. (4) that identifies a person as a qualifying patient or primary caregiver.
AB1063,21,1716 (h) “Written certification" means a statement written by a person's practitioner
17if all of the following apply:
AB1063,21,2118 1. The statement indicates that, in the practitioner's professional opinion, the
19person has or is undergoing a debilitating medical condition or treatment and the
20potential benefits of using medical cannabis would likely outweigh the health risks
21for the person.
AB1063,21,2322 2. The statement indicates that the opinion described in subd. 1. was made in
23the course of a bona fide practitioner-patient relationship.
AB1063,21,2524 3. The statement is signed by the practitioner or is contained in the person's
25medical records.
AB1063,22,3
1(1m) Practitioner restrictions. (a) No practitioner may provide himself or
2herself or any member of his or her family with a written certification for submission
3with an application under sub. (2).
AB1063,22,64 (b) No practitioner who provides a written certification under this section may
5have a financial interest in any way connected to a person or entity that produces,
6processes, dispenses, or tests cannabis.
AB1063,22,9 7(2) Application. (a) An adult who is claiming to be a qualifying patient may
8apply for a registry identification card by submitting to the department all of the
9following:
AB1063,22,1110 1. A signed application form that contains the applicant's name, address, and
11date of birth.
AB1063,22,1212 2. A written certification.
AB1063,22,1413 3. The name, address, and telephone number of the applicant's current
14practitioner, as listed in the written certification.
AB1063,22,1915 4. A registration fee in an amount determined by the department but not to
16exceed $150, except that for an applicant who is a recipient of medical assistance
17under subch. IV of ch. 49, is receiving benefits under the federal social security
18disability insurance program under 42 USC 423 or the federal supplemental security
19income program under 42 USC 1381, or is a veteran, the fee shall be $50.
AB1063,22,2220 (ac) A person who is at least 21 years of age may apply for a registry
21identification card as a primary caregiver by submitting to the department all of the
22following:
AB1063,22,2423 1. A signed application form that contains the applicant's name, address, and
24date of birth.
AB1063,23,2
12. A copy of a written certification or copy of a registration identification card
2for each qualifying patient for whom the applicant will be the primary caregiver.
AB1063,23,33 3. A registration fee of $250.
AB1063,23,74 (b) The department shall promulgate rules specifying how a parent, guardian,
5or person having legal custody of a child may apply for a registry identification card
6for the child and the circumstances under which the department may approve or
7deny the application.
AB1063,23,11 8(3) Processing the application. The department shall verify the information
9the applicant submitted under sub. (2) (a) or (ac) and shall approve or deny the
10application within 30 days after receiving it. The department may deny an
11application submitted under sub. (2) (a) or (ac) only if any of the following applies:
AB1063,23,1312 (a) The applicant did not provide the required information or provided false
13information.
AB1063,23,1514 (b) The department is required to deny the application under the rules
15promulgated under sub. (2) (b).
AB1063,23,20 16(4) Issuing a registry identification card. The department shall issue an
17applicant a registry identification card within 5 days after approving the application
18under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules
19promulgated under sub. (7) (d), a registry identification card expires 2 years from the
20date of issuance. A registry identification card shall contain all of the following:
AB1063,23,2121 (a) The name, address, and date of birth of all of the following:
AB1063,23,2222 1. The registrant.
AB1063,23,2323 2. Each primary caregiver, if the registrant is a qualifying patient.
AB1063,23,2424 3. Each qualifying patient, if the registrant is a primary caregiver.
AB1063,23,2525 (b) The date of issuance and expiration date of the registry identification card.
AB1063,24,1
1(c) A photograph of the registrant.
AB1063,24,22 (d) Other information the department may require by rule.
AB1063,24,3 3(4m) Annual fee. Primary caregivers shall pay an annual fee of $250.
AB1063,24,13 4(5) Additional information to be provided by registrant. (a) 1. An adult
5registrant shall notify the department of any change in the registrant's name and
6address. An adult registrant who is a qualifying patient shall notify the department
7of any change in his or her practitioner, of any significant improvement in his or her
8health as it relates to his or her debilitating medical condition or treatment, and if
9a primary caregiver stops helping the registrant use or acquire medical cannabis.
10A registrant who is a primary caregiver shall notify the department if the registrant
11becomes a primary caregiver for an additional qualifying patient and shall include
12with the notice a copy of a written certification or copy of a registration identification
13card for each additional qualifying patient.
AB1063,24,1714 2. If a qualifying patient is a child, a primary caregiver for the child shall
15provide the department with any information that the child, if he or she were an
16adult qualifying patient, would have to provide under subd. 1. within 10 days after
17the date of the change to which the information relates.
AB1063,24,2218 (b) If a registrant fails to notify the department within 10 days after any change
19for which notification is required under par. (a) 1., his or her registry identification
20card is void. If a registrant fails to comply with par. (a) 2., the registry identification
21card for the qualifying patient to whom the information under par. (a) 2. relates is
22void.
AB1063,25,223 (c) If a qualifying patient's registry identification card becomes void under par.
24(b), the registry identification card for each of the qualifying patient's primary

1caregivers with regard to that qualifying patient is void. The department shall send
2written notice of this fact to each such primary caregiver.
AB1063,25,3 3(6) Records. (a) The department shall maintain a list of all registrants.
AB1063,25,64 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
5may not disclose information from an application submitted or a registry
6identification card issued under this section.
AB1063,25,97 (c) The department may disclose to a law enforcement agency, upon the request
8of the law enforcement agency, only information necessary to verify that a person
9possesses a valid registry identification card.
AB1063,25,10 10(7) Rules. The department shall promulgate rules that do all of the following:
AB1063,25,1111 (a) Create a form for an application under sub. (2).
AB1063,25,1312 (b) Specify how the department will verify under sub. (3) the information
13submitted under sub. (2).
AB1063,25,1514 (bm) Specify how photographs under sub. (4) (c) must be taken and the
15requirements for such photographs.
AB1063,25,1716 (c) Specify how and under what circumstances registry identification cards
17may be renewed.
AB1063,25,1918 (d) Specify how and under what changed circumstances a registry
19identification card may be revoked.
AB1063,25,2120 (e) Specify under what circumstances an applicant whose application is denied
21may reapply.
AB1063,25,2322 (f) Ensure that out-of-state registry identification cards are valid only if all of
23the following apply:
AB1063,26,3
11. The person holding the out-of-state registry identification card has been
2diagnosed with or is undergoing a debilitating medical condition or treatment that
3has been approved by the jurisdiction that issued the card.
AB1063,26,74 2. The out-of-state registry identification card allows for the use of medical
5cannabis by the person who holds the card, the card is valid in the jurisdiction in
6which it was provided, and the person who holds the card is a resident of that
7jurisdiction.
AB1063,26,118 3. The person who holds the out-of-state registry identification card has not
9been a resident of Wisconsin for a period longer than a period the department
10determines would allow the person to apply for a registry identification card in
11Wisconsin.
AB1063,26,1412 (g) Create guidelines for issuing registry identification cards, and for obtaining
13and distributing medical cannabis, to persons under the care of the department who
14have a debilitating medical condition or treatment.
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