Chapter 165

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.

165.65(4) (4) Multijurisdictional drug disposal program. A drug disposal program may operate within more than one political subdivision if the department of justice authorizes that program under sub. (2), all political subdivisions within which the drug disposal program operates authorize that program under sub. (3), or the program is authorized under federal law.

165.65(5) (5) Operation of a drug disposal program.

165.65(5)(a) (a) A person that operates a drug disposal program, except a drug disposal program that is authorized under federal law, shall establish and promptly update as appropriate written policies and procedures that do all of the following:

165.65(5)(a)1. 1. Describe in detail the manner in which the program operates, including an identification of the kinds of household pharmaceutical items that may be received under the program, whether the program may receive controlled substances and controlled substance analogs, whether household pharmaceutical items will be transferred by mail under the program, and the locations at which household pharmaceutical items may be transferred in person under the program.

165.65(5)(a)2. 2. List the name, address, telephone number, and 24-hour contact information for one or more persons in this state who are responsible for the operation of the program.

165.65(5)(a)3. 3. Ensure compliance with chs. 450 and 961; with any applicable provision under chs. 287, 289, and 291 and s. 299.51 relating to medical waste, solid waste, or hazardous waste; and with any other applicable federal or state law.

165.65(5)(b) (b)

165.65(5)(b)1. 1. The policies and procedures for a drug disposal program authorized under sub. (2) and any changes to those policies and procedures are subject to review and approval under sub. (2) (b) 1.

165.65(5)(b)2. 2. Legal counsel for the political subdivision, or, at the discretion of the political subdivision, the department of justice if the political subdivision’s legal counsel is not an employee of the political subdivision, shall review and either approve or disapprove the policies and procedures for a drug disposal program implemented or authorized under sub. (3) and any changes to those policies and procedures. Legal counsel, or the department of justice if appropriate, shall approve the policies and procedures or changes if it determines that the policies and procedures or changes do not violate the requirements of this section or any other applicable federal or state law, and shall disapprove them otherwise. Any approval under this subdivision shall be in writing. The political subdivision shall provide a copy of the approval and a copy of the policies and procedures or changes to the policies and procedures to the department of justice.

165.65(5)(c) (c) The operation of a drug disposal program, including a drug disposal program that is authorized under federal law, shall immediately cease if a law enforcement officer, as defined in s. 165.85 (2) (c), a federal law enforcement officer, as defined in s. 175.40 (7) (a) 1., the department of justice, or another federal or state agency notifies a designated contact person for the program that the program is in violation of any federal or state law enforceable by the officer, department of justice, or other agency. That notification is not subject to judicial review. The program may resume operation only upon the program’s receipt of written notice from the officer, department of justice, or other agency that the program is no longer in violation of the federal or state law.

165.65(5)(d) (d) Each person that operates a drug disposal program in this state shall, within 30 days after the drug disposal program begins operation, notify and provide all of the following information to the department of natural resources:

165.65(5)(d)1. 1. The location and hours of operation of the drug disposal program.

165.65(5)(d)2. 2. The name, address, telephone number, and 24-hour contact information for one or more persons in this state who are responsible for the operation of the program.

165.65(5)(d)3. 3. A description of the household pharmaceutical items the drug disposal program may receive.

165.65(6) (6) Transfer and receipt of household pharmaceutical items.

165.65(6)(a) (a) Notwithstanding ss. 450.03 (1) and 450.11 (7) (g) and (h) and (9) (b), a person that lawfully possesses a household pharmaceutical item may transfer, and it is not a crime for such a person to transfer, the household pharmaceutical item to a drug disposal program if the program is authorized under sub. (2) or (3) or is authorized under federal law.

165.65(6)(b) (b) Notwithstanding s. 450.11 (7) (g) and (h) and (9) (b), a person may receive, and it is not a crime for a person to possess, a household pharmaceutical item pursuant to a drug disposal program if the receipt or possession is within the scope of the program and the program is authorized under sub. (2) or (3) or is authorized under federal law or, if the receipt or possession is not within the scope of the program, the receipt or possession is inadvertent and the program promptly notifies an appropriate law enforcement officer of the receipt or possession and complies with any instructions the law enforcement officer provides.

165.65 History History: 2013 a. 198.

165.68 165.68 Address confidentiality program.

165.68(1) (1) Definitions. In this section:

165.68(1)(a) (a) “Abuse” means an act or threat of any of the following:

165.68(1)(a)1. 1. Child abuse under ss. 813.122 (1) (a) or 948.02 to 948.11.

165.68(1)(a)2. 2. Domestic abuse, as defined in s. 813.12 (1) (am).

165.68(1)(a)3. 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6.

165.68(1)(a)4. 4. Stalking under s. 940.32.

165.68(1)(a)5. 5. Trafficking under s. 940.302.

165.68(1)(b) (b) “Actual address” means the residential street address, school address, or work address, or any portion thereof, of a program participant.

165.68(1)(c) (c) “Assigned address” means an address designated by the department and assigned to a program participant.

165.68(1)(d) (d) “Department” means the department of justice.

165.68(1)(e) (e) “Mail” means first class letters and flats delivered by the United States Postal Service, including priority, express, and certified mail. “Mail” does not include a package, parcel, periodical, or catalogue unless it is clearly identifiable as being sent by a state or local agency or unit of government or is clearly identifiable as containing a pharmaceutical or medical item.

165.68(1)(f) (f) “Program assistant” means an individual designated by the department to assist a program participant. The department may designate as a program assistant an employee of the department or of a state or local agency that provides counseling, assistance, or support services to victims, or an employee of or a volunteer for an organization that provides counseling, assistance, or support services free of charge to victims.

165.68(1)(g) (g) “Program participant” means a person who is certified by the department to participate in the confidentiality program established in this section.

165.68(2) (2) Eligibility.

165.68(2)(a) (a) A person is eligible for participation in the confidentiality program established in this section if he or she attests all of the following:

165.68(2)(a)1. 1. That he or she is a resident of this state.

165.68(2)(a)2. 2. That at least one of the following applies:

165.68(2)(a)2.a. a. He or she is a victim of abuse, a parent or guardian of a person who is a victim of abuse, or a resident of a household in which a victim of abuse also resides.

165.68(2)(a)2.b. b. He or she fears for his or her physical safety or for the physical safety of his or her child or ward.

165.68(2)(a)3. 3. That he or she resides or will reside at a location in this state that is not known by the person who committed the abuse against, or who threatens, the applicant or his or her child or ward.

165.68(2)(a)4. 4. That he or she will not disclose his or her actual address to the person who committed the abuse against, or who threatens, the applicant or his or her child or ward.

165.68(2)(b) (b) A person is eligible under par. (a) regardless of whether any criminal charges have been brought relating to any act or threat against the person, whether the person has sought any restraining order or injunction relating to any act or threat against the person, or whether the person has reported any act or threat against him or her to a law enforcement officer or agency.

165.68(3) (3) Administration; application.

165.68(3)(a) (a) The department shall provide an application form for participation in the confidentiality program established in this section. The department may not charge a fee for applying to, or participating in, the program.

165.68(3)(b) (b) The application form shall include all of the following:

165.68(3)(b)1. 1. The applicant’s name.

165.68(3)(b)2. 2. The applicant’s actual address.

165.68(3)(b)3. 3. A place for the applicant to identify any state or local government agency that employs a person who committed an act of abuse against the applicant.

165.68(3)(b)4. 4. A statement certifying that the applicant understands and consents to all of the following program requirements:

165.68(3)(b)4.a. a. A program participant remains enrolled in the program for 5 years, unless he or she cancels his or her participation under subd. 4. f. or is disenrolled under subd. 4. e.

165.68(3)(b)4.b. b. A program participant is required to notify the department when he or she changes his or her actual address or legal name.

165.68(3)(b)4.c. c. A program participant is required to develop a safety plan with a program assistant.

165.68(3)(b)4.d. d. A program participant authorizes the department to notify state or local agencies and units of government that the applicant is a program participant.

165.68(3)(b)4.e. e. The department may disenroll a program participant if the person fails to update his or her information under subd. 4. b., or at any time after the department determines that the person no longer meets the eligibility requirements established under sub. (2). The department will notify a program participant if his or her participation will expire or if the department will disenroll the participant. A program participant who receives a notification under this subd. 4. e. may update his or her information to establish eligibility or may reenroll in the program within 6 months from the date the department issues the notification.

165.68(3)(b)4.f. f. A program participant may cancel his or her participation in the program at any time by submitting a written notice to the department.

165.68(3)(b)4.g. g. A program participant certifies the department to be the program participant’s designated agent for service of process.

165.68(4) (4) Use of assigned address; release of information.

165.68(4)(a) (a) The department shall provide to each person it approves as a program participant an assigned address and shall provide each program participant a notification form for use under sub. (5).

165.68(4)(b) (b) The department shall forward all mail it receives at the assigned address for each program participant to the program participant’s actual address.

165.68(4)(c) (c) The department shall provide, at the request of a program participant or at the request of a state or local agency or unit of government, confirmation of the person’s status as a program participant.

165.68(4)(d) (d)

165.68(4)(d)1. 1. Except as provided under subd. 2., the department may not disclose a program participant’s actual address to any person except pursuant to a court order. If a court order is requested for disclosure, the department shall request the court to keep any record containing the program participant’s actual address sealed and confidential.

165.68(4)(d)2. 2. The department may disclose a program participant’s actual address to a law enforcement officer for official purposes.

165.68(5) (5) Use of assigned address; confidentiality.

165.68(5)(a) (a) A program participant may use the assigned address provided to him or her under sub. (4) for all purposes.

165.68(5)(b) (b) No state or local agency or unit of government may refuse to use a program participant’s assigned address for any official business, unless a specific statutory duty requires the agency or unit of government to use the participant’s actual address. A state or local agency or unit of government may confirm with the department a person’s status as a program participant.

165.68(5)(c) (c) No person who has received a notification form from a program participant may refuse to use the assigned address for the program participant, may require a program participant to disclose his or her actual address, or may intentionally disclose to another person the actual address of a program participant.

165.68(5)(d) (d) Notwithstanding pars. (a), (b), and (c), a municipal clerk may require a program participant to provide his or her actual address for voter registration and voter verification purposes. A municipal clerk shall also require a program participant to disclose his or her actual address to enroll a program participant in the confidential voter program provided under s. 6.47. If a voter is enrolled in the confidential voter program under s. 6.47 the municipal clerk shall keep the program participant’s actual address confidential as provided under s. 6.47.

165.68(5)(e) (e) The department may promulgate rules under sub. (6) to allow a program participant to consent to a disclosure of his or her actual address by the department or other entity with knowledge of the program participant’s actual address when necessary to qualify for certain public assistance benefits or real property transactions. A person who discloses information under this paragraph shall include a notice that the information is confidential, and disclosure of the information to any 3rd party will be subject to the penalty under sub. (7).

165.68(5)(f) (f)

165.68(5)(f)1. 1. If a program participant is the sole member of a limited liability company, the limited liability company may list the department as its registered agent and registered office under s. 183.0115 (1m).

165.68(5)(f)2. 2. If the department receives service of process, notice, or demand required or permitted by law to be served on a limited liability company under subd. 1., the department shall forward the process, notice, or demand to the program participant’s actual address.

165.68(6) (6) Rules. The department shall promulgate rules regarding administration of the program established under this section and regarding the retention and destruction of applications, records, and other documents received or generated under this section. The department may use the emergency rule procedures under s. 227.24 to promulgate the rules required under this subsection. Notwithstanding s. 227.24 (1) (a) and (3), the department may promulgate those rules as emergency rules without providing evidence that promulgating those rules as emergency rules is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of those rules or to submit those rules in final draft form to the governor for approval.