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 HistoryHistory: 2013 a. 198.
165.68165.68Address 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.