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AB1040,51 19Section 51 . 961.38 (title) of the statutes is amended to read:
AB1040,50,20 20961.38 (title) Prescriptions and recommendations for medical use.
AB1040,52 21Section 52 . 961.38 (1p) of the statutes is created to read:
AB1040,50,2422 961.38 (1p) A dispensary operating pursuant to s. 259.10 may dispense
23medical cannabis products, as defined in s. 94.57 (1) (f), to registered patients and
24caregivers in accordance with s. 259.10.
AB1040,53 25Section 53. 961.385 (1) (ae) of the statutes is amended to read:
AB1040,51,3
1961.385 (1) (ae) “Deliver" or “delivery" means the actual, constructive, or
2attempted transfer of a monitored prescription drug or a medical cannabis product
3from one person to another.
AB1040,54 4Section 54. 961.385 (1) (af) of the statutes is renumbered 961.385 (1) (af)
5(intro.) and amended to read:
AB1040,51,66 961.385 (1) (af) (intro.) “Dispense" means to deliver do any of the following:
AB1040,51,9 71. Deliver a monitored prescription drug pursuant to the lawful prescription
8order of a practitioner, including the compounding, packaging, or labeling necessary
9to prepare the monitored prescription drug for delivery.
AB1040,55 10Section 55. 961.385 (1) (af) 2. of the statutes is created to read:
AB1040,51,1211 961.385 (1) (af) 2. Deliver a medical cannabis product to a registered patient
12or caregiver under s. 259.10.
AB1040,56 13Section 56 . 961.385 (1) (aj) of the statutes is renumbered 961.385 (1) (aj)
14(intro.) and amended to read:
AB1040,51,1515 961.385 (1) (aj) (intro.) “Patient" means an any of the following:
AB1040,51,17 161. An individual or animal for whom a monitored prescription drug is
17prescribed or to whom a monitored prescription drug is dispensed or administered.
AB1040,57 18Section 57. 961.385 (1) (aj) 2. of the statutes is created to read:
AB1040,51,1919 961.385 (1) (aj) 2. A registered patient.
AB1040,58 20Section 58 . 961.385 (2) (intro.) of the statutes is amended to read:
AB1040,51,2321 961.385 (2) (intro.) The board shall establish by rule a program for monitoring
22the dispensing of monitored prescription drugs and the dispensing of medical
23cannabis products
. The program shall do all of the following:
AB1040,59 24Section 59 . 961.385 (2) (am) of the statutes is created to read:
AB1040,52,3
1961.385 (2) (am) Require an individual designated under s. 259.10 (5) (d) to
2generate a record documenting each dispensing of a medical cannabis product to a
3registered patient or caregiver under s. 259.10.
AB1040,60 4Section 60 . 961.385 (2) (b) of the statutes is amended to read:
AB1040,52,75 961.385 (2) (b) Identify specific data elements to be contained in a record
6documenting the dispensing of a monitored prescription drug, including the method
7of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm).
AB1040,52,11 8(bm) In identifying specific data elements, the board shall under pars. (b) and
9(bc),
consider data elements identified by similar programs in other states and shall
10ensure, to the extent possible, that records generated by the program are easily
11shared with other states.
AB1040,61 12Section 61 . 961.385 (2) (bc) of the statutes is created to read:
AB1040,52,1413 961.385 (2) (bc) Identify specific data elements to be contained in a record
14documenting the dispensing of a medical cannabis product under s. 259.10.
AB1040,62 15Section 62 . 961.385 (2) (cm) 3. a. of the statutes is amended to read:
AB1040,52,2116 961.385 (2) (cm) 3. a. The state board or agency, agency of another state, law
17enforcement agency, or prosecutorial unit makes a written request for the record and
18is engaged in an active and specific investigation or prosecution of a violation of any
19state or federal law involving a monitored prescription drug or any state or federal
20law involving marijuana
, and the record being requested is reasonably related to
21that investigation or prosecution.
AB1040,63 22Section 63. 961.385 (2) (ct) of the statutes is created to read:
AB1040,52,2523 961.385 (2) (ct) Require that a patient's records under the program be reviewed
24before a medical cannabis product is dispensed under s. 259.10. The review required
25under this paragraph shall be performed by a pharmacist described in s. 259.10.
AB1040,64
1Section 64. 961.385 (2) (f) of the statutes is amended to read:
AB1040,53,72 961.385 (2) (f) Permit the board to refer to the appropriate licensing or
3regulatory board for discipline a pharmacist, pharmacy, or practitioner , or to the
4office of medical cannabis regulation or the department of health services an
5individual for purposes of enforcement of ch. 259,
that fails to comply with rules
6promulgated under this subsection, including by failure to generate a record that is
7required by the program.
AB1040,65 8Section 65. 961.385 (3) (b) of the statutes is amended to read:
AB1040,53,129 961.385 (3) (b) Nothing in this section may be construed to require a pharmacy
10or pharmacist to obtain, before dispensing a monitored prescription drug or medical
11cannabis product
to a patient, information about the patient that has been collected
12pursuant to the program established under sub. (2).
AB1040,66 13Section 66. 961.385 (5) (a) 2. of the statutes is amended to read:
AB1040,53,1714 961.385 (5) (a) 2. The program's impact on referrals of pharmacists,
15pharmacies, and practitioners to licensing or regulatory boards, or to the office of
16medical cannabis regulation or the department
for discipline , for enforcement of ch.
17259,
and to law enforcement agencies for investigation and possible prosecution.
AB1040,67 18Section 67. 961.385 (6) (b) of the statutes is amended to read:
AB1040,53,2019 961.385 (6) (b) An assessment of the trends and changes in the use of monitored
20prescription drugs and medical cannabis products in this state.
AB1040,68 21Section 68 . 961.55 (8) (c) of the statutes is created to read:
AB1040,53,2222 961.55 (8) (c) A license described in s. 961.01 (12q).
AB1040,69 23Section 69. 961.571 (1) (b) 4. of the statutes is created to read:
AB1040,53,2524 961.571 (1) (b) 4. Objects used, designed for use, or primarily intended for use
25by a registered patient in accordance with ch. 259.
AB1040,70
1Section 70 . Nonstatutory provisions.
AB1040,54,42 (1) Initial appointment. The governor shall appoint a director to the office of
3medical cannabis regulation under s. 15.194 (2) within 90 days following the effective
4date of this subsection.
AB1040,54,55 (2) Initial fees.
AB1040,54,86 (a) Beginning on the effective date of this paragraph until the department of
7agriculture, trade and consumer protection determines the annual fee for grower
8licenses under s. 94.57 (4) (a) 2. and (c), the annual fee for a grower license is $10,000.
AB1040,54,129 (b) Beginning on the effective date of this paragraph until the department of
10agriculture, trade and consumer protection determines the annual fee for processor
11licenses under s. 94.57 (5) (b) 3. and (d), the annual fee for processor licenses is
12$50,000.
AB1040,54,1613 (c) Beginning on the effective date of this paragraph until the department of
14agriculture, trade and consumer protection determines the annual fee for laboratory
15licenses under s. 94.57 (6) (b) 3. and (d), the annual fee for laboratory licences is
16$5,000.
AB1040,71 17Section 71. Effective date.
AB1040,54,1918 (1) This act takes effect on the first day of the 7th month beginning after
19publication.
AB1040,54,2020 (End)
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