Wis. Admin. Code CSB — Controlled Substances Board

Chapter CSB 2 ADDITIONS TO SCHEDULES IN SS. 961.14, 961.16, 961.18, 961.20 AND 961.22, STATS.

Wis. Admin. Code § CSB 2.001 Addition of Methiopropamine to schedule I {#sec-csb-2.001 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.001}

Section 961.14 (7) (t), Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2023 No. 808, eff. 4-3-23; CR 24-023: cr. Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § CSB 2.002 Excluding Fenfluramine from schedule IV {#sec-csb-2.002 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.002}

Section 961.20 (4) (am), Stats., is repealed.

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2023 No. 808, eff. 4-17-23; correction made under s. 35.17, Stats., Register April 2023 No. 808; CR 24-024: cr. Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § CSB 2.003 Transfer of Flualprazolam and addition of 4 other synthetic Benzodiazepine substances to schedule I {#sec-csb-2.003 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.003}

(1) Section 961.20 (2) (ef), Stats., is repealed.

(2) Section 961.14 (5) (aa), (ab), (ac), (ad), and (ae), Stats., are created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register September 2023 No. 813, eff. 9-25-23; correction in (2) made under s. 35.17, Stats., Register September 2023 No. 813; CR 24-048: cr. Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § CSB 2.004 Addition of Zuranolone to Schedule IV {#sec-csb-2.004 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.004}

Section 961.20 (2) (r), Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register February 2024 No. 818, eff. 2-5-24; correction in numbering of CSB 2.004 made under s. 13.92 (4) (b) 1., Stats., Register February 2024 No. 818; CR 24-058: cr. Register May 2025 No. 833, eff. 6-1-25.

(1) Section 961.14 (2) (nd) 3m., 10m., 11m., 12e., 12m., 12s., 16n., 17g., and 17r., are created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register February 2024 No. 818, eff. 2-5-24; CR 24-059: cr. Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § CSB 2.006 Adding 5 Synthetic Cannabinoids to Schedule I {#sec-csb-2.006 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.006}

(1) Section 961.14 (4) (tb) 54. to 58., Stats., are created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register February 2024 No. 818, eff. 2-5-24; CR 24-083: cr. Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § CSB 2.007 Addition of ADB-BUTINACA, alpha-PiHP, and 3-MMC to Schedule I {#sec-csb-2.007 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.007}

(1) Section 961.14 (4) (tb) 32m., Stats., is created to read:

(2) Section 961.14 (7) (L) 2m. and 36m. are created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register June 2024 No. 822, eff. 6-17-24; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register June 2024 No. 822; CR 24-084: cr. Register August 2025 No. 836, eff. 9-1-25; correction in (1) made under s. 35.17, Stats., Register June 2026 No. 846.

Wis. Admin. Code § CSB 2.008 Addition of 2-Methyl AP-237 to Schedule I {#sec-csb-2.008 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.008}

Section 961.14 (2) (qz), Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register June 2024 No. 822, eff. 5-20-24; correction made under s. 35.17, Stats., Register June 2024 No. 822; CR 24-085: cr. Register August 2025 No. 836, eff. 9-1-25; correction made under s. 35.17, Stats., Register August 2025 No. 836.

Wis. Admin. Code § CSB 2.009 Addition of 2 Synthetic Benzimidazole-Opioids to Schedule I {#sec-csb-2.009 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.009}

Section 961.14 (2) (xm) 7e. and 7m., Stats., are created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2024 No. 826, eff. 10-21-24; CR 25-021: cr. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § CSB 2.011 Addition of Ethylphenidate to Schedule I {#sec-csb-2.011 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.011}

Section 961.14 (7) (u), Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register December 2024 No. 828, eff. 12-16-24; renumbered to CSB 2.011 under s. 13.92 (4) (b) 1., Stats., Register April 2025 No. 832; CR 25-060: cr. Register December 2025 No. 840, eff. 1-1-26.

Section 961.14 (2) (nd) 8m., 12p., 16h., 16q., 16r., 17d., and 18m., Stats., are created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2025 No. 832, eff. 3-31-25; renumbered from CSB 2.005 (1) under s. 13.92 (4) (b) 1., Stats., Register April 2025 No. 832; CR 25-076: cr. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § CSB 2.013 Addition of Dipentylone to Schedule I {#sec-csb-2.013 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.013}

Section 961.14 (7) (L) 41., Stats., is created to read:

History

Affirmative action order under s. 961.11 (4), Stats., Register October 2025 No. 838, eff. 10-6-25.

Wis. Admin. Code § CSB 2.014 Addition of 2 Synthetic Benzimidazole-Opioids to Schedule I {#sec-csb-2.014 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.014}

Section 961.14 (2) (xm) 8e. and 8m., Stats., are created to read:

History

Affirmative action order under s. 961.11 (4), Stats., Register October 2025 No. 838, eff. 10-6-25; correction made under s. 35.17, Stats., Register October 2025 No. 838.

Wis. Admin. Code § CSB 2.015 Addition of 7 Synthetic Benzimidazole-Opioids to Schedule I {#sec-csb-2.015 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.015}

Section 961.14 (2) (xm) 1m., 5m., 5p., 7b., 7h., 7k., and 8b., Stats., are created to read:

History

cr. affirmative action order under s. 961.11 (4), Stats., Register December 2025 No. 840, eff. 12-8-25; renum. (1) to CSB 2.015 under s. 13.92 (4) (b) 1., Stats., Register December 2025 No. 840; correction in (intro.) made under s. 35.17, Stats., Register June 2026 No. 846.

Wis. Admin. Code § CSB 2.016 Addition of 4-Chloromethcathinone to Schedule I {#sec-csb-2.016 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.016}

Section 961.14 (7) (L) 42., Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register February 2026 No. 842, eff. 2-23-26.

Wis. Admin. Code § CSB 2.017 Addition of 4-fluoroamphetamine to Schedule I {#sec-csb-2.017 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.017}

Section 961.14 (7) (v), Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2026 No. 844, eff. 4-13-26.

Wis. Admin. Code § CSB 2.018 Addition of Bromazolam to Schedule I {#sec-csb-2.018 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.018}

(1) Section 961.14.(5) (aa), (ab), (ac), (ad), (ae), (ag), (am), and (b), Stats.,are renumbered to 961.14 (5) (bm), (cm), (dm), (em), (fm), (gm), (hm), and (im), Stats.

(2) Section 961.14 (5) (an), Stats., is created to read:

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register May 2026 No. 845, eff. 5-26-26; correction in (1) made under s. 35.17, Stats., Register May 2026 No. 845; correction in (1) made under s. 35.17, Stats., Register June 2026 No. 846.

Wis. Admin. Code § CSB 2.019 Addition of 3-methoxyphencyclidine to Schedule I.Addition of 3-methoxyphencyclidine to Schedule I {#sec-csb-2.019 omnilex-key=us-wi-regs-official--agency-csb--CSB 2.019}

Section 961.14 (4) (xc), Stats., is created to read:

Note: This Appendix contains actions of the Controlled Substances Board that were made prior to April 3, 2023, which were numbered ss. CSB 2.01 to 2.99.

CSB 2.01 Addition of methaqualone to schedule II. The substance known as methaqualone is hereby added to s. 161.16, Stats., schedule II in sub. (6) which subsection is hereby created.

Note: See Chapter 206, Laws of 1981 sections 29 and 31.

CSB 2.02 Addition of benzphetamine, chlorphentermine, clortermine, mazindol, and phendimetrazine to schedule III. The substances known as benzphetamine, chlorphentermine, clortermine, mazindol, and phendimetrazine are hereby added to s. 161.18, Stats., schedule III in sub. (2m) (a), (b), (c), (d) and (e) respectively, which subsections are created to read:

(2m) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(a) Benzphetamine

(b) Chlorphentermine

(d) Mazindol

(e) Phendimetrazine

CSB 2.03 Addition of fenfluramine to schedule IV. The substance known as fenfluramine is hereby added to s. 161.20, Stats., schedule IV in sub. (2m) (a), which subsection is hereby created to read:

(a) Fenfluramine:

Note: See Chapter 206, Laws of 1981 section 47.

CSB 2.04 Addition of amobarbital, pentobarbital, and secobarbital to schedule II; retention of certain forms of amobarbital, pentobarbital and secobarbital in schedule III. (1) Subsection (7) of s. 161.16, Stats., schedule II is hereby created to read as follows:

(7) Unless excepted under federal regulations or listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:

(a) Amobarbital

(b) Pentobarbital

(2) Paragraphs (m) and (n) of sub. (3), s. 161.18, Stats., schedule III, are hereby created to read as follows:

(m) Unless excepted under federal regulations, any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule.

(n) Unless excepted under federal regulations, any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the federal food and drug administration for marketing only as a suppository.

Note: See Chapter 206, Laws of 1981 sections 30 and 37.

CSB 2.05 Addition of drotebanol to schedule I. The substance known as drotebanol is hereby added to s. 161.14, Stats., schedule I in sub. (3), par. (hm), which paragraph is created to read:

(hm) Drotebanol;

CSB 2.06 Addition of pentazocine to schedule III. Subsection (4m) of s. 161.18, Stats., schedule III is hereby created to read as follows:

(4m) Pentazocine.

Note: See Chapter 6, Laws of 1981 sections 2 and 3.

CSB 2.07 Transfer of hydrochloride form of etorphine from schedule I to schedule II. (1) Subsection (3) (intro.) of s. 161.14, Stats., schedule I is amended to read:

(3) Unless specifically excepted or listed in another schedule, any of the following opium derivatives, their salts, isomers and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(2) Paragraph (em) of sub. (3), s. 161.16, Stats., schedule II, is hereby created to read:

(em) Etorphine hydrochloride;

Note: See Chapter 206, Laws of 1981 sections 6, 20 and 24.

CSB 2.08 Addition of poppy straw to schedule II, addition of pemoline and mebutamate to schedule IV. (1) Paragraph (d) of sub. (2), s. 161.16, Stats., schedule II is hereby created to read:

(d) Concentrate of poppy straw (the crude extract of Poppy Straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy).

(2) Paragraph (n) of sub. (2) of s. 161.20, Stats., schedule IV is hereby created to read:

(n) Mebutamate

(3) Paragraph (b) of sub. (2m) of s. 161.20, Stats., schedule IV is hereby created to read:

(b) Pemoline:

Note: See Chapter 206, Laws of 1981 sections 20, 22 and 45.

CSB 2.09 Additions to schedules IV and I. (1) Addition of benzodiazepine substances to schedule IV. Paragraphs (cm), (cn), (cp), (cr), (em) and (hm) of sub. (2), s. 161.20, Stats., schedule IV are hereby created to read:

(cm) Chlordiazepoxide

(cn) Clonazepam

(cp) Chlorazepate

(cr) Diazepam

(em) Flurazepam

(hm) Oxazepam

(2) Addition of the thiophene analog of phencyclidine to schedule I. Paragraph (u) of sub. (4), s. 161.14, Stats., schedule I is hereby created to read:

(u) Thiophene analog of phencyclidine

(3) Addition of mecloqualone to schedule I. Subsection (5) and par. (a) of s. 161.14, Stats., schedule I are hereby created to read:

(5) Depressants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(a) Mecloqualone

(4) Addition of difenoxin to schedule I. Paragraph (hg) of sub. (2), s. 161.14, Stats., schedule I is hereby created to read:

(hg) Difenoxin

(5) Addition of 2,5 dimethoxyamphetamine, 4-romo-2,5 dimethoxyamphetamine and 4-methoxyamphetamine to schedule I. Paragraphs (v), (w) and (x) of sub. (4), s. 161.14, Stats., schedule I are hereby created to read:

(v) 2,5-dimethoxyamphetamine

(w) 4-bromo-2,5-dimethoxyamphetamine

(x) 4-methoxyamphetamine

Note: See Chapter 206, Laws of 1981 sections 13 and 15.

CSB 2.10 Addition of propiram to schedule I. Paragraph (wn) of sub. (2), s. 161.14, Stats., schedule I is hereby created to read:

(wn) Propiram

CSB 2.11 Renumbering and addition to schedule IV of diethylpropion and phentermine. Paragraph (a) of sub. (2m), s. 161.20, Stats., schedule IV is hereby renumbered to read:

(b) Fenfluramine

Paragraph (a) of sub. (2m), s. 161.20, Stats., schedule IV is hereby created to read:

(a) Diethylpropion

Paragraph (b) of sub. (2m), s. 161.20, Stats., schedule IV is hereby renumbered to read:

Paragraph (d) of sub. (2m), s. 161.20, Stats., schedule IV is hereby created to read:

(d) Phentermine

CSB 2.13 Addition of dextropropoxyphene to schedule IV. Subsection (4), s. 161.20, Stats., schedule IV is hereby created to read:

(4) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:

(a) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane)

Note: See Chapter 206, Laws of 1981 section 51.

CSB 2.14 Addition of prazepam to schedule IV. Paragraph (km), sub. (2), s. 161.20, Stats., schedule IV is hereby created to read:

(km) Prazepam

CSB 2.15 Addition of parahexyl to schedule I; removal of loperamide from schedule V; addition of triazolam to schedule IV. (1) Paragraph (mn) of sub. (4), s. 161.14, Stats., is created to read:

(mn) Parahexyl

(2) Paragraph (a) of sub. (3), s. 161.22, Stats., is repealed.

(3) Paragraph (nm) of sub. (2), s. 161.20, Stats., is created to read:

(nm) Triazolam

CSB 2.16 Transfer of sufentanil from schedule I to schedule II. (1) Section 161.14 (2) (xg), Stats., is repealed.

(2) Section 161.16 (3) (y), Stats., is created to read:

(y) Sufentanil

CSB 2.17 Addition of buprenorphine to schedule V; transfer of methaqualone from schedule II to schedule I; transfer of dronabinol from schedule I to schedule II. (2) Paragraph (b) of s. 161.14 (5), Stats., is adopted to read:

(b) Methaqualone

(3) Subsection (7) (am) of s. 161.16, Stats., is repealed.

(4) Subsection (10) (a) of s. 161.16, Stats., is created to read:

(10) Hallucinogenic substances. (a) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (6a R - trans) - 6a, 7, 8, 10a - tetrahydro - 6, 6, 9 - trimethyl - 3 -pentyl-6H-dibenzo (b, d) pyran - 1 - ol, or (-) - delta - 9 - (trans) - tetrahydrocannabinol.)

CSB 2.18 Addition of 3,4-methylenedioxymethamphetamine to schedule I. Paragraph (am) of s. 161.14 (4), Stats., is created to read:

(am) 3, 4-methylenedioxymethamphetamine, commonly known as“MDMA”;

CSB 2.19 Additions, deletions and transfers to statutory schedules. (1) Paragraph (b) of s. 161.20 (4), Stats., is created to read:

(b) Not more than 25 milligrams per dosage unit of pentazocine with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

(2) Paragraph (b) of s. 161.18 (4), Stats., is repealed.

(3) Paragraph (km) of s. 161.20 (2), Stats., is renumbered to read:

(mg) Prazepam;

(4) Paragraph (hg) of s. 161.20 (2), Stats., is created to read:

(hg) Midazolam;

(5) Paragraph (mm) of s. 161.20 (2), Stats., is created to read:

(mm) Quazepam;

(6) Paragraph (km) of s. 161.18 (3), Stats., is created to read:

(km) Tiletamine and Zolazepam or any salt thereof;

(7) Paragraph (a) of s. 161.16 (3), Stats., is renumbered to read:

(am) Alphaprodine;

(8) Paragraph (a) of s. 161.16 (3), Stats., is created to read:

(a) Alfentanil;

(9) Paragraph (rg) of s. 161.14 (2), Stats., is created to read:

(rg) MPPP 1-methyl-4-phenyl-4-propionoxypiperidine);

(10) Paragraph (vg) of s. 161.14 (2), Stats., is created to read:

(vg) (PEPAP) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

(11) Paragraph (b) of s. 161.16 (10), Stats., is created to read:

(b) Nabilone (another name for nabilone: (+)-trans-3- (1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1- hydroxy-6, 6-dimethyl-9H-dibenzo [b,d] pyran-9-one).

(12) Subsection (2) of s. 161.14, Stats., is amended to read:

(2) Opiates. Unless specifically excepted under federal regulations or unless listed in another schedule, any of the following opiates, or their isomers, esters, ethers, salts, salts of isomers, esters of ethers, if isomers, esters, ethers, salts or salts of isomers exist within the specified chemical designation (for purposes of par. (tg) only, the term isomer includes the optical and geometric isomers):

(13) Paragraph (a) of s. 161.14 (2), Stats., is renumbered to read:

(ag) Acetylmethadol;

(14) Paragraph (a) of s. 161.14 (2), Stats., is created to read:

(a) Acetyl-alpha-methylfentanyl (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

(15) Paragraph (cg) of s. 161.14 (2), Stats., is created to read:

(cg) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(16) Paragraph (dg) of s. 161.14 (2), Stats., is created to read:

(dg) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-piperidinyl]-N-phenylpropanamide);

(17) Paragraph (rj) of s. 161.14 (2), Stats., is created to read:

(rj) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);

(18) Paragraph (tg) of s. 161.14 (2), Stats., is created to read:

(tg) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1- (2-phenethyl)-4-piperidinyl]propanamide);

(19) Paragraph (xm) of s. 161.14 (2), Stats., is created to read:

(xm) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide);

CSB 2.20 Addition of beta-hydroxy-3-methylfentanyl to schedule I. Paragraph (er) of s. 161.14 (2), Stats., is created to read:

(er) Beta-hydroxy-3-methylfentanyl.

CSB 2.21 Additions, deletions, corrections, transfers, and amendments to drug schedules. (1) Subsection (1) of s. 161.14, Stats., is amended to read:

(1) Included substances. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in schedule I.

(2) Paragraph (a) of s. 161.14 (2), Stats., is amended to read:

(a) Acetyl-alpha-methylfentany (N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylacetamide);

(3) Paragraph (er) of s. 161.14 (2), Stats., is amended to read:

(er) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2- phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

(4) Paragraph (rg) of s. 161.14 (2), Stats., is amended to read:

(rg) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(5) Paragraph (qs) of s. 161.14 (2), Stats., is amended to read:

(qs) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4- piperidinyl]-N-phenylpropanamide);

(6) Paragraph (tg) of s. 161.14 (2), Stats., is amended to read:

(tg) Para-fluorofentanyl (N-[1-(2-phenylethyl)-4-piperidinyl]-N-(4-fluorophenyl)propanamide);

(7) Paragraph (vg) of s. 161.14 (2), Stats., is amended to read:

(vg) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine);

(8) Paragraph (xm) of s. 161.14 (2), Stats., is amended to read:

(xm) Thiofentanyl (N-[1-(2-thienyl)ethyl-4-piperidinyl]-N- phenylpropanamide);

(9) Paragraph (cd) of s. 161.14 (2), Stats., is created to read:

(cd) Alpha-methylfentanyl (N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylpropanamide);

(10) Paragraph (e) of s. 161.14 (3), Stats., is amended to read:

(e) Codeine-N-oxide;

(11) Paragraph (j) of s. 161.14 (3), Stats., is amended to read:

(j) Etorphine, except its hydrochloride salts;

(12) Paragraph (s) of s. 161.14 (3), Stats., is amended to read:

(s) Morphine-N-oxide;

(13) Paragraph (a) of s. 161.14 (4), Stats., is amended to read:

(a) 3,4-methylenedioxyamphetamine, commonly known as “MDA”;

(14) Paragraph (b) of s. 161.14 (4), Stats., is amended to read:

(b) 5-methoxy-3,4-methylenedioxyamphetamine;

(15) Paragraph (c) of s. 161.14 (4), Stats., is amended to read:

(16) Paragraph (ag) of s. 161.14 (4), Stats., is created to read:

(ag) 3,4-methylenedioxyethylamphetamine, commonly known as “MDE”;

(17) Paragraph (ar) of s. 161.14 (4), Stats., is created to read:

(ar) N-hydroxy-3,4-methylenedioxyamphetamine;

(18) Paragraph (u) of s. 161.14 (4), Stats., is amended to read:

(u) 1-[1-(2-thienyl)cyclohexyl]piperidine, which is the thiophene analog of phencyclidine;

(19) Paragraph (ud) of s. 161.14 (4), Stats., is created to read:

(ud) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, which is the thiophene pyrrolidine analog of phencyclidine;

(20) Paragraph (ur) of s. 161.14 (4), Stats., is amended to read:

(ur) 1-(1-phenylcyclohexyl)pyrrolidine, which is the pyrrolidine analog of phencyclidine;

(21) Paragraph (d) of s. 161.14 (7), Stats., is created to read:

(d) 4-methylaminorex, including its salts and salts of isomers;

(22) Paragraph (e) of s. 161.14 (7), Stats., is created to read:

(e) N,N-dimethylamphetamine, including its salts and salts of isomers.

(23) Paragraph (L) of s. 161.14 (7), Stats., is created to read:

(L) methcathinone, including its salts and salts of isomers.

(24) Subdivision 4m of s. 161.16 (2) (a), Stats., is created to read:

4m. Dihydrocodeine;

(25) Paragraph (d) of s. 161.16 (3), Stats., is repealed.

(26) Paragraph (am) of s. 161.16 (7), Stats., is created to read:

(am) Glutethimide;

(27) Subsection (9) of s. 161.16, Stats., is repealed.

(28) Subsection (20m) of s. 161.01, Stats., is created to read:

(20m) (a) “Anabolic steroid” means any drug or hormonal substance, chemically or pharmacologically related to testosterone (except estrogens, progestin, and corticosteroids), that promotes muscle growth. The term includes all of the substances listed in s. 161.18 (7), and their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, that are theoretically possible under the specific chemical designation, and if such esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers promote muscle growth.

(b) Except as provided in par. (c), the term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States secretary of health and human services for such administration.

(c) If a person prescribes, dispenses or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of par. (a).

(29) Subsection (7) of s. 161.18, Stats., is created to read:

(7) Anabolic steroids. Any material, compound, mixture, or preparation containing any quantity of the following anabolic steroids, including any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, whenever those esters, isomers, esters of isomers, salts and salts [of] esters, isomers and esters of isomers exist within the specific chemical designation:

(a) Boldenone;

(b) 4-chlorotestosterone, which is also called clostebol;

(d) 4-dihydrotestosterone, which is also called stanolone;

(e) Drostanolone;

(f) Ethylestrenol;

(g) Fluoxymesterone;

(h) Formebulone, which is also called fromebolone;

(i) Mesterolone;

(j) Methandienone, which is also called methandrostenolone;

(k) Methandriol;

(l) Methenolone;

(m) Methyltestosterone;

(n) Mibolerone;

(o) Nandrolone;

(p) Norethandrolone;

(q) Oxandrolone;

(r) Oxymesterone;

(s) Oxymetholone;

(t) Stanozolol;

(u) Testolactone;

(v) Testosterone;

(w) Trenbolone.

(30) Paragraphs (ar), (av), (cd), (cg), (co), (cq), (cu), (ed), (eg), (ej), (ep), (es), (eu), (ey), (hh), (hj), (hk), (hr), (md) and (ng) of s. 161.20 (2), Stats., are created to read:

(ar) Bromazepam;

(av) Camazepam;

(cd) Clobazam;

(cg) Clotiazepam;

(co) Cloxazolam;

(cq) Delorazepam;

(cu) Estazolam;

(ed) Ethyl loflazepate;

(eg) Fludiazepam;

(ej) Flunitrazepam;

(ep) Haloxazolam;

(es) Loprazolam;

(eu) Lormetazepam;

(ey) Medazepam;

(hh) Nimetazepam;

(hj) Nitrazepam;

(hk) Nordiazepam;

(hr) Oxazolam;

(md) Pinazepam;

(ng) Tetrazepam.

(31) Paragraph (eq) of s. 161.20 (2), Stats., is repealed and recreated to read:

(eq) Ketazolam

(32) Paragraph (o) of s. 161.20 (2), Stats., is repealed.

(33) Paragraphs (ag), (ar) and (bm) of s. 161.20 (2m), Stats., are created to read:

(ag) N,N-dimethyl-1,2-diphenylethylamine, commonly known as “SPA”;

(ar) Fencamfamine;

(bm) Mazindol;

(34) Paragraph (b) of s. 161.20 (4), Stats., is repealed and recreated to read:

(b) Pentazocine, including its isomers and salts of isomers.

CSB 2.22 Additions to drug schedules. (1) Paragraph (b) of s. 161.14 (2), Stats., is amended to read:

(b) Alphacetylmethadol (except Levo-alphacetylmethadol (LAAM))

(2) Paragraph (cm) of s. 161.14 (4), Stats., is created to read:

(cm) Alpha-ethyltryptamine, its optical isomers, salts and salts of isomers;

(3) Paragraph (bm) of s. 161.14 (4), Stats., is created to read:

(bm) 2,5-dimethoxy-4-ethylamphetamine, commonly known as DOET;

(4) Paragraph (am) of s. 161.14 (7), Stats., is created to read:

(am) Aminorex, its salts, optical isomers, and salts of optical isomers;

(5) Paragraph (ag) of s. 161.14 (7), Stats., is created to read:

(ag) Cathinone;

(6) Paragraph (gm) of s. 161.16 (3), Stats., is created to read:

(gm) Levo-alphacetylmethadol (LAAM)

CSB 2.23 Additions and amendments to drug schedules. (1) Paragraph (wg) of s. 161.14 (4), Stats., is created to read:

(wg) 4-bromo-2,5-dimethoxyphenethylamine;

(2) Subsection (7) (intro.) of s. 161.17, Stats., is amended to read:

(7) Anabolic steroids. Unless specifically excepted under federal regulations, any compound, material, compound, mixture or preparation containing any quantity of the following anabolic steroids, including any of their esters, isomers, esters of isomers, salts and salts of esters, isomers and esters of isomers, whenever those esters, isomers, esters of isomers, salts and salts [of] esters, isomers and esters of isomers exist within the specific chemical designation:

(3) Paragraph (3) (c), of s. 161.18, Stats., is repealed.

CSB 2.24 Addition of butorphanol to schedule IV. (1) Paragraph (c) of s. 961.20 (4), Stats., is created to read:

CSB 2.25 Addition of remifentanil to schedule II; transfer of dronabinol from schedule II to schedule III; addition of fenproporex, modafinil, sibutramine, zaleplon and zolpidem to schedule IV; spelling correction of carfentanil. (1) Section 961.16 (3) (cm), Stats., is amended to read:

(cm) Carfentanil;

(2) Section 961.16 (3) (xm), Stats., is created to read:

(xm) Remifentanil;

(3) Section 961.16 (10) (a), Stats., is repealed.

(4) Section 961.18 (4m), Stats., is created to read:

(4m) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6. 9-trimethyl-3-pentyl-6H-dibenzo(b, d)pyran-1-ol, and (-)-delta-9-(trans)-tetrahydrocannabinol.)

(5) Section 961.20 (2) (o) and (p), Stats., is created to read:

(o) Zaleplon.

(p) Zolpidem.

(6) Section 961.20 (2m) (at), (bu) and (f), Stats., is created to read:

(at) Fenproporex.

(bu) Modafinil.

(f) Sibutramine.

CSB 2.26 Addition of dihydroetorphine to schedule II. (1) Section 961.16 (2) (a) 4r., Stats., is created to read:

4r. Dihydroetorphine.

CSB 2.28 Addition of dichloralphenazone to schedule IV. (1) Section 961.20 (2) (cs), Stats., is created to read:

Section 961.20 (2) (cs) Dichloralphenazone;

CSB 2.29 Transfer of buprenorphine from schedule V to schedule III. (1) Section 961.18 (5m), Stats., is created to read:

Section 961.18 (5m) Narcotic Drugs Not Limited by Quantity. Any material, compound, mixture, or preparation containing any of the following narcotic drugs, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

(a) Buprenorphine

CSB 2.30 Addition of gamma-hydroxybutyric acid to schedule III. (1) Section 961.18 (3) (o), Stats., is created to read:

Section 961.18 (3) (o) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug and cosmetic act:

Gamma-hydroxybutyric acid.

CSB 2.31 Addition of 2,5 dimethoxy-4-(n)- propylthiophenethylamine (2C-T-7) to schedule I. (1) Section 961.14 (4) (wh), Stats., is created to read:

Section 961.14 (4) (wh) 2,5 dimethoxy-4-(n)- propylthiophenethylamine, commonly known as “2C-T-7”;

CSB 2.32 Addition of N- benzylpiperazine (BZP) to schedule I. (1) Section 961.14 (7) (q), Stats., is created to read:

Section 961.14 (7) (q) N- benzylpiperazine, commonly known as “BZP.”

CSB 2.33 Addition of alpha-methyltryptamine (AMT) to schedule I. (1) Section 961.14 (4) (wi), Stats., is created to read:

Section 961.14 (4) (wi) Alpha-methyltryptamine, commonly known as “AMT”;

CSB 2.34 Addition of 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DIPT). (1) Section 961.14 (4) (wj), Stats., is created to read:

Section 961.14 (4) (wj) 5-methoxy-N, N-diisopropyltryptamine, commonly known as “5-MeO-DIPT”;

CSB 2.35 Addition of lisdexamfetamine to schedule II. (1) Section 961.16 (5) (e), Stats., is created to read:

Section 961.16 (5) (e) Lisdexamfetamine, commonly known as “Vyvanse TM.”

CSB 2.36 Addition of tramadol to schedule IV. Section 961.20 (4) (e), Stats., is created to read:

Section 961.20 (4) (e) Tramadol, including any of its isomers and salts of isomers.

CSB 2.37 Rescheduling of hydrocodone combination products. Sections 961.18 (5) (c) and (d), Stats., are repealed.

CSB 2.38 Addition of suvorexant to schedule IV. Section 961.20 (2) (mr), Stats., is created to read:

Section 961.20 (2) (mr) Suvorexant.

CSB 2.39 Exclusion of naloxegol. Section 961.16 (2) (a) (intro.), Stats., is amended to read:

961.16 (2) (a) (intro) Opium and substances derived from opium, and any salt, compound, derivative or preparation of opium or substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, nalmefene, naloxegol, naloxone and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

CSB 2.40 Exclusion of [123I]ioflupane. Section 961.16 (2) (b), Stats., is amended to read:

(b) Coca leaves and any salt, compound, derivative or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. [123I]Ioflupane is excluded from this paragraph. The following substances and any of their salts, esters, isomers and salts of esters and isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

CSB 2.41 Scheduling of beta-hydroxythiofentanyl and butyryl fentanyl. Sections 961.14 (2) (eu) and (ey) are created to read:

961.14 (2) (eu) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide)

(ey) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide)

CSB 2.42 Scheduling of furanyl fentanyl. Section 961.14 (2) (ne) is created to read:

961.14 (2) (ne) Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide).

CSB 2.43 Addition of brivaracetam to schedule V. Section 961.22 (6), Stats., is created to read:

961.22 (6) BRIVARACETAM. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide), including its salts, isomers or salts of isomers.

CSB 2.44 Addition of thiafentanil to schedule II. Section 961.16 (3) (zx), Stats., is created to read:

961.16 (3) (zx) Thiafentanil.

CSB 2.45 Addition of AB-FUBINACA and ADB-PINACA to schedule I. Section 961.14 (4) (tb) 32. and 33., Stats., is created to read:

961.14 (4) (tb) 32. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, commonly known as AB-FUBINACA. 33. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, commonly known as ADB-PINACA.

CSB 2.46 Addition of acetyl fentanyl to schedule I. Section 961.14 (2) (ae), Stats., is created to read:

961.14 (2) (ae) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide).

CSB 2.47 Addition of AH-7921 to schedule I. Section 961.14 (2) (aj), Stats., is created to read:

961.14 (2) (aj) AH-7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide).

CSB 2.48 Addition of eluxadoline to schedule IV. Section 961.20 (4) (cm), Stats., is created to read:

961.20 (4) (cm) Eluxadoline, including any of its isomers, and salts of isomers.

CSB 2.49 Addition of U-47700 to schedule I. Section 961.14 (2) (z), Stats., is created to read:

961.14 (2) (z) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide).

CSB 2.50 Addition of AB-CHMINACA, AB-PINACA and THJ-2201 to schedule I. Section 961.14 (4) (tb) 34., 35., and 36., Stats., are created to read:

961.14 (4) (tb) 34. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, commonly known as AB-CHMINACA.

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, commonly known as AB-PINACA).
1-(5-fluoropentyl)-1H-indazol-3-ylmethanone, commonly known as THJ-2201.

CSB 2.51 Addition of MAB-CHMINACA to schedule I. Section 961.14 (4) (tb) 37., Stats., is created to read:

961.14 (4) (tb) 37. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, commonly known as MAB-CHMINACA or ADB-CHMINACA.

CSB 2.52 Addition of 4-MePPP and a-PBP to schedule I. Section 961.14 (7) (L) 32. and 33., Stats., is created to read:

961.14 (7) (L) 32. 4-methyl-alpha-pyrrolidinopropiophenone, commonly known as 4-MePPP.

Alpha-pyrrolidinobutiophenone, commonly known as a-PBP.

CSB 2.53 Scheduling of acryl fentanyl. Section 961.14 (2) (ai), Stats., is created to read:

961.14 (2) (ai) Acryl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]-2-propenamide);

Section 961.14 (2) (ai), Stats., was renumbered to s. 961.14 (2) (nd) 3. by 2017 Wis. Act 60.

CSB 2.54 Addition of oral solutions containing dronabinol to schedule II. Section 961.16 (10), Stats., is created to read:

961.16 (10) (a) Dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution in a drug product approved by the U.S. food and drug administration.

CSB 2.55 Addition of 5F-ADB, 5F-AMB, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA to schedule I. Section 961.14 (4) (tb) 38., 39., 40., 41., and 42., Stats., is created to read:

961.14 (4) (tb) 38. Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 5F-ADB.

Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, commonly known as 5F-AMB.
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, commonly known as ADB-FUBINACA.
Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate commonly known as MDMB-CHMICA.
Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as MDMB-FUBINACA.

CSB 2.56 Addition of 4-fluoroisobutyryl fentanyl to schedule I. Section 961.14 (2) (nd) 10t., Stats., is created to read:

961.14 (2) (nd) 10t. 4-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);

CSB 2.57 Scheduling of cyclopropyl fentanyl. Section 961.14 (2) (nd) 10d., Stats., is created to read:

961.14 (2) (nd) 10d. Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);

CSB 2.58 Exclusion of naldemedine. Section 961.16 (2) (a) (intro), Stats., is amended to read:

961.16 (2) (a) (intro) Opium and substances derived from opium, and any salt, compound, derivative or preparation of opium or substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, naldemedine, nalmefene, naloxegol, naloxone and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

CSB 2.59 Addition of ortho-fluorofentanyl to schedule I. Section 961.14 (2) (nd) 16m., Stats., is created to read:

961.14 (2) (nd) 16m. Ortho-fluorofentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide);

CSB 2.60 Addition of FUB-AMB to schedule I. Section 961.14 (4) (tb) 43., Stats., is created to read:

961.14 (4) (tb) 43. methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, commonly known as FUB-AMB, MMB-FUBINACA or AMB-FUBINACA.

CSB 2.61 Addition of MT-45 to schedule I. Section 961.14 (2) (rk), Stats., is created to read:

961.14 (2) (rk) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine);

CSB 2.62 Addition of para-chloroisobutyryl fentanyl to schedule I. Section 961.14 (2) (nd) 16s., Stats., is created to read:

961.14 (2) (nd) 16s. Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);

CSB 2.63 Addition of NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA and 5F-CUMYL-P7AICA to schedule I. Section 961.14 (4) (tb) 44., 45., 46., 47., and 48., Stats., are created to read:

961.14 (4) (tb) 44. Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, commonly known as NM2201.

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, commonly known as 5F-AB-PINACA.
1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, commonly known as 4-CN-CUMYL-BUTINACA.
Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate, commonly known as MMB-CHMICA.
1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide, commonly known as 5F-CUMYL-P7AICA.

CSB 2.64 Addition of N-Ethylpentylone to schedule I. Section 961.14 (7) (L) 34., Stats., is created to read:

961.14 (7) (L) 34. N-Ethylpentylone, commonly known as ephylone.

CSB 2.65 Addition of approved cannabidiol drugs to schedule V. Section 961.22 (7), Stats., is created to read:

961.22 (7) Approved cannabidiol drugs. A drug product in finished dosage formulation that has been approved by the United States food and drug administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.

CSB 2.66 Addition of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144 to schedule I. Section 961.14 (4) (tb), 49., 50., 51., 52., and 53., Stats., are created to read:

961.14 (4) (tb) 49. Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 5F-EDMB-PINACA.

Methyl 2-(1-(5-fluoropentyl)-1-indole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 5F-MDMB-PICA.
N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, commonly known as FUB-AKB48, FUB-APINACA or AKB48 N-(4-FLUOROBENZYL).
1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, commonly known as 5F-CUMYL-PINACA or SGT-25.
(1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone, commonly known as FUB-144.

CSB 2.67 Addition of Brexanolone and Solriamfetol to schedule IV. Section 961.20 (2) (ap) and (2m) (g), Stats., are created to read:

961.20 (2) (ap) Brexanolone;

(2m) (g) Solriamfetol.

CSB 2.68 Addition of N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP to schedule I. Section 961.14 (7) (L) 35. to 40., Stats., is created to read:

961.14 (7) (L) 35. N-Ethylhexedrone.

Alpha-pyrrolidinohexanophenone, commonly known as a-PHP.
4-methyl-alpha-ethylainopentiophenone, commonly known as 4-MEAP.
4’-methyl-alpha-pyrrolidinohexiophenone, commonly known as MPHP.
Alpha-pyrrolidinoheptaphenone, commonly known as PV8.
4’-chloro-alpha-pyrrolidinovalerophenone, commonly known as 4-chloro-a-PVP.

CSB 2.69 Addition of Noroxymorphone to schedule II. Section 961.16 (2) (a) 10m., Stats., is created to read:

961.16 (2) (a) 10m. Noroxymorphone.

CSB 2.70 Scheduling 4F-MDMB-BINACA and MMB-FUBICA. Section 961.14 (4) (tb) 38m. and 43m., Stats., are created to read:

961.14 (4) (tb) 38m. Methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, commonly known as 4F-MDMB-BINACA or 4F-MDMB-BUTINACA.

43m. Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methylbutanoate, commonly known as MMB-FUBICA or AMB-FUBICA.

CSB 2.71 Addition of lasmiditan to schedule V. Section 961.22 (8), Stats., is created to read:

961.22 (8). Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide].

CSB 2.72 Scheduling of isotonitazene and 1P-LSD. Section 961.14 (2) (pe) and (4) (jm), Stats., are created to read:

961.14 (2) (pe) Isotonitazene;

961.14 (4) (jm) 1-propionyl-lysergic acid diethylamide, commonly known as 1P-LSD;

CSB 2.73 Addition of cenobamate to schedule V. Section 961.22 (9), Stats., is created to read:

961.22 (9) CENOBAMATE Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester)

CSB 2.74 Addition of Lemborexant to schedule IV. Section 961.20 (2) (eqm), Stats., is created to read:

961.20 (2) (eqm) Lemborexant.

CSB 2.75 Exclusion of approved cannabidiol drugs from schedule I. (1) Section 961.14 (4) (t) 4., Stats., is created to read:

961.14 (4) (t) 4. A drug product in finished dosage formulation that has been approved by the United States food and drug administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.

(2) Section 961.22 (7) is repealed.

CSB 2.76 Addition of norfentanyl to schedule II. (1) Section 961.16 (8) (b), Stats., is renumbered 961.16 (8) (b) (intro.) and amended to read:

961.16 (8) (b) An immediate precursor to fentanyl, including all of the following:

4-anilino-N-phenethyl-4-piperidine, commonly known as ANPP.

(2) Section 961.16 (8) (b) 2., Stats. is created to read:

N-phenyl-N-(piperidin-4-yl)propionamide, commonly known as norfentanyl.

CSB 2.77 Scheduling of flualprazolam. Section 961.20 (2) (ef), Stats., is created to read:

961.20 (2) (ef) Flualprazolam;

CSB 2.78 Addition of crotonyl fentanyl to schedule I. Section 961.14 (2) (nd) 9m., Stats., is created to read:

961.14 (2) (nd) 9m. Crotonyl Fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2- enamide);

CSB 2.79 Addition of remimazolam to schedule IV. Section 961.20 (2) (mo), Stats., is created to read:

961.20 (2) (mo) Remimazolam;

CSB 2.80 Scheduling of oliceridine. Section 961.16 (3) (ta), Stats., is created to read:

961.16 (3) (ta) Oliceridine;

CSB 2.81 Addition of brorphine to schedule I. Section 961.14 (2) (et), Stats., is created to read:

961.14 (2) (et) Brorphine;

CSB 2.82 Addition of Serdexmethylphenidate to schedule IV. Section 961.20 (2m) (em), Stats., is created to read:

961.20 (2m) (em) Serdexmethylphenidate.

CSB 2.83 Addition of ten (10) fentanyl-related substances to schedule I. Section 961.14 (2) (nd) 21., 22., 23., 24., 25., 26., 27., 28., 29., and 30., Stats., is created to read:

961.14 (2) (nd) 21. N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide (2’-fluoro ortho-fluorofentanyl; 2’-fluoro 2-fluorofentanyl);

N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide (4’-methyl acetyl fentanyl);
N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (β’-phenyl fentanyl; beta’-Phenyl fentanyl; 3-phenylpropanoyl fentanyl);
N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide (β-methyl fentanyl);
N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (ortho-fluorobutyryl fentanyl; 2-fluorobutyryl fentanyl);
N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide (ortho-methyl acetylfentanyl; 2-methyl acetylfentanyl);
2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide (ortho-methyl methoxyacetylfentanyl; 2-methyl methoxyacetyl fentanyl);
N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (para-methylfentanyl; 4-methylfentanyl);
N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide (phenyl fentanyl; benzoyl fentanyl);
N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide (thiofuranyl fentanyl; 2-thiofuranyl fentanyl; thiophene fentanyl).

CSB 2.84 Addition of alfaxalone to schedule IV. (1) Section 961.20 (2) (a), Stat., is repealed and recreated to read:

961.20 (2) (a) Alfaxalone;

(2) Section 961.20 (2) (ak) is created to read:

961.20 (2) (ak) Alprazolam;

CSB 2.85 Excluding 6-beta-naltrexol from schedule II. Section 961.16 (2) (a), Stats., is amended to read:

961.16 (2) (a) Opium and substances derived from opium, and any salt, compound, derivative or preparation of opium or substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, naldemedine, nalmefene, naloxegol, naloxone, 6-beta-naltrexol, and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

CSB 2.86 Addition of fospropofol to schedule IV. Section 961.20 (2) (en), Stats., is created to read:

961.20 (2) (en) Fospropofol;

CSB 2.87 Addition of embutramide to schedule III. Section 961.18 (3) (bm), Stats., is created to read:

961.18 (3) (bm) Embutramide;

CSB 2.88 Addition of lacosamide to schedule V. Section 961.22 (10), Stats., is created to read:

961.22 (10) Lacosamide.

CSB 2.89 Addition of perampanel to schedule III. Section 961.18 (3) (fm), Stats., is created to read:

961.18 (3) (fm) Perampanel.

CSB 2.90 Transfer of 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP, from schedule I to schedule II. Section 961.16 (8) (c), Stats., is created to read:

961.16 (8) (c) Immediate precursors to phencyclidine, also known as PCP:

1-phenylcyclohexylamine.
1-piperidinocyclohexanecarbonitrile.

CSB 2.91 Addition of 4,4’-Dimethylaminorex to schedule I. Section 961.14 (7) (cm), Stats., is created to read:

961.14 (7) (cm) 4,4’-Dimethylaminorex.

CSB 2.92 Addition of thirty-five (35) Anabolic Steroids to schedule III. Section 961.18 (7), Stats., is repealed and recreated to read:

961.18 (7) Anabolic steroids. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any quantity of any of the following anabolic steroids, including any of their esters, ethers, isomers, esters or ethers of isomers, salts and salts of esters or ethers, isomers and esters or ethers of isomers that are theoretically possible within the specific chemical designation. Except such terms do not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the Secretary of Health and Human Services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section:

(a) 3beta,17-dihydroxy-5alpha-androstane.

(ag) 3alpha,17beta-dihydroxy-5alpha-androstane.

(ar) 5alpha-androstan-3,17-dione.

(b) 1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene; 3alpha,17beta-dihydroxy-5alpha-androst-1-ene).

(bg) 4-androstenediol.

(br) 5-androstenediol.

(cg) 4-androstenedione.

(cr) 5-androstenedione.

(d) Bolasterone.

(dg) Boldenone.

(dr) Boldione.

(e) Calusterone.

(eg) 4-chlorotestosterone, which is also called clostebol.

(er) Dehydrochloromethyltestosterone.

(f) Desoxymethyltestosterone.

(fg) Delta1-dihydrotestosterone.

(fr) 4-dihydrotestosterone, which is also called stanolone.

(g) Drostanolone.

(gg) Ethylestrenol.

(gr) Fluoxymesterone.

(h) Formebulone, which is also called fromebolone.

(hg) Furazabol.

(hr) 13beta-ethyl-17beta-hydroxygon-4-en-3-one.

(i) 4-hydroxytestosterone.

(ig) 4-hydroxy-19-nortestosterone.

(ir) Mestanolone.

(j) Mesterolone.

(jg) Methandienone, which is also called methandrostenolone.

(jr) Methandriol.

(k) Methasterone.

(kg) Methenolone.

(kr) 17alpha-methyl-3beta, 17beta-dihydroxy-5alpha-androstane.

(L) 17alpha-methyl-3alpha,17beta-dihydroxy-5alpha-androstane.

(Lg) 17alpha-methyl-3beta,17beta-dihydroxyandrost-4-ene.

(Lr) 17alpha-methyl-4-hydroxynandrolone.

(m) Methyldienolone.

(mg) Methyltestosterone.

(mr) Methyltrienolone.

(n) Mibolerone.

(ng) 17alpha-methyl-delta1-dihydrotestosterone, which is also called 17-alpha-methyl-1-testosterone.

(nr) Nandrolone.

(o) 19-nor-4-androstenediol (3beta, 17beta-dihydroxyestr-4-ene; 3alpha, 17beta-dihydroxyestr-4-ene).

(og) 19-nor-5-androstenediol (3beta, 17beta-dihydroxyestr-5-ene; 3alpha, 17beta-dihydroxyestr-5-ene).

(or) 19-nor-4,9(10)-androstadienedione.

(p) 19-nor-4-androstenedione (estr-4-en-3,17-dione).

(pg) 19-nor-5-androstenedione (estr-5-en-3,17-dione).

(pr) Norbolethone.

(q) Norclostebol.

(qg) Norethandrolone.

(qr) Normethandrolone.

(r) Oxandrolone.

(rg) Oxymesterone.

(rr) Oxymetholone.

(s) Prostanozol.

(sg) Stanozolol.

(sr) Stenbolone.

(t) Testolactone.

(tg) Testosterone.

(tr) Tetrahydrogestrinone.

(u) Trenbolone.

CSB 2.93 Addition of Daridorexant to schedule IV. Section 961.20 (2) (cpm), Stats., is created to read:

961.20 (2) (cpm) Daridorexant;

CSB 2.94 Addition of seven (7) synthetic benzimidazole-opioid substances to schedule I. (1) Section 961.14 (2) (mm) and (pe), Stats., are renumbered to 961.14 (2) (xm) 3. and 5. and amended to read:

961.14 (2) (xm) 3. Etonitazene (2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1- amine).

961.14 (2) (xm) 5. Isotonitazene (N,N -diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benizimidazol-1-yl)ethan-1-amine).

(2) Section 961.14 (2) (xm) (intro.) 1., 2., 4., and 6. to 9., Stats., are created to read:

(2) (xm) Synthetic Benzimidazole-opioid Substances, specifically including all of the following:

Butonitazene (2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1- amine).
Etodesnitazene also known as Etazene (2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1- amine).
Flunitazene (N,N-diethyl-2-(2-(4-fluorobenzyl)-5- nitro-1H-benzimidazol-1-yl)ethan-1- amine).
Metodesnitazene (N,N-diethyl-2-(2-(4- methoxybenzyl)-1H-benzimidazol-1- yl)ethan-1-amine).
Metonitazene (N,N-diethyl-2-(2-(4- methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine).
N-pyrrolidino etonitazene also known as etonitazepyne (2-(4-ethoxybenzyl)-5-nitro-1-(2- (pyrrolidin-1-yl)ethyl)-1H-benzimidazole).
Protonitazene (N,N-diethyl-2-(5-nitro-2-(4- propoxybenzyl)-1H-benzimidazol-1- yl)ethan-1-amine).

CSB 2.95 Addition of Ganaxolone to schedule V. Section 961.22 (11), Stats., is created to read:

961.22 (11) Ganaxolone. Ganaxolone.

CSB 2.96 Addition of Amineptine to schedule I. Section 961.14 (7) (r), Stats., is created to read:

961.14 (7) (r) 7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid, commonly known as Amineptine.

CSB 2.97 Addition of Zipeprol to schedule I. Section 961.14 (2) (zm), Stats., is created to read:

961.14 (2) (zm) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol).

CSB 2.98 Excluding [18F]FP-CIT from schedule II. Section 961.16 (2) (b), Stats., is amended to read:

961.16 (2) (b) Coca leaves and any salt, compound, derivative, or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. [123I]Ioflupane is and [18 F]FP-CIT are excluded from this paragraph. The following substances and any of their salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

CSB 2.99 Addition of Mesocarb to schedule I. Section 961.14 (7) (s), Stats., is created to read:

961.14 (7) (s) N-phenyl-N’-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate, commonly known as Mesocarb.

History

cr. Affirmative action order under s. 961.11 (4), Stats., Register May 2026 No. 845, eff. 5-26-26.
Cr. Register, June, 1973, No. 210, eff. 7-1-73.
Cr. Register, October, 1973, No. 214, eff. 11-1-73.
Cr. Register, October, 1973, No. 214, eff. 11-1-73.
Cr. Register, July, 1974, No. 223, eff. 8-1-74.
Cr. Register, July, 1974, No. 223, eff. 8-1-74.
Cr. Register, August, 1974, No. 224, eff. 9-1-74.
Cr. Register, August, 1974, No. 224, eff. 9-1-74.
Cr. Register, February, 1976, No. 242, eff. 3-1-76.
Cr. Register, April, 1976, No. 244, eff. 5-1-76.
Cr. Register, August, 1976, No. 248, eff. 9-1-76.
Cr. Register, August, 1976, No. 248, eff. 9-1-76.
Cr. Register, November, 1977, No. 263, eff. 12-1-77.
Cr. Register, November, 1977, No. 263, eff. 12-1-77.
Cr. Register, October, 1984, No. 346, eff. 11-1-84.
Cr. Register, October, 1984, No. 346, eff. 11-1-84.
Cr. Register, August, 1986, No. 368, eff. 9-1-86; CR 03-056: r. (1) Register January 2004 No. 577, eff. 2-1-04.
Cr. Register, September, 1987, No. 381, eff. 10-1-87.
Cr. Register, February, 1988, No. 386, eff. 3-1-88.
Cr. Register, July, 1989, No. 403, eff. 8-1-89.
Cr. Register, November, 1992, No 443, eff. 12-1-92.
Cr. Register, August, 1994, No. 464, eff. 9-1-94.
Cr. Register, November, 1994, No. 467, eff. 12-1-94.
Cr. Register, November, 1998, No. 515, eff. 12-1-98.
Cr. Register, July, 2000, No. 535, eff. 8-1-00.
CR 01-071: Cr. Register November 2001 No. 551, eff. 12-1-01.
CR 02-025: Cr. Register October 2002 No. 562, eff. 11-1-02.
CR 03-056: cr. Register January 2004 No. 577, eff. 2-1-04.
CR 03-057: cr. Register January 2004 No. 577, eff. 2-1-04.
CR 06-058: cr. Register April 2007 No. 616, eff. 5-1-07.
CR 06-058: cr. Register April 2007 No. 616, eff. 5-1-07.
CR 06-059: cr. Register April 2007 No. 616, eff. 5-1-07.
CR 06-059: cr. Register April 2007 No. 616, eff. 5-1-07.
CR 10-112: cr. Register April 2011 No. 664, eff. 5-1-11.
cr. Affirmative action order under s. 968.11 (4), Stats., Register August 2014 No. 704, eff. 9-1-14; CR 15-008: cr. Register October 2015 No. 718, eff. 11-1-15.
cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2014 No. 706, eff. 11-1-14; CR 15-007: cr. Register October 2015 No. 718, eff. 11-1-15.
cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2014 No. 706, eff. 11-1-14; CR 15-009: cr. Register October 2015 No. 718, eff. 11-1-15.
cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2015 No. 711B, eff. 4-1-15; CR 15-068: cr. Register August 2016 No. 728, eff. 9-1-16.
cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2015 No. 718A3, eff. 10-19-15; correction made under s. 35.17, Stats., Register October 2015 No. 718; CR 16-060: cr. Register May 2017 No. 737, eff. 6-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register August 2016 No. 728, eff. 7-18-16; CR 16-081: cr. Register July 2017 No. 739, eff. 8-1-17.
EmR1626: emerg. cr., eff. 9-1-16; CR 16-059: cr. Register May 2017 No. 737, eff. 6-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register September 2016 No. 729, eff. 9-26-16; CR 17-009: cr. Register July 2017 No. 739, eff. 8-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2016 No. 730, eff. 10-3-16; CR 17-007: cr. Register July 2017 No. 739, eff. 8-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2016 No. 730, eff. 10-10-16; CR 17-008: cr. Register July 2017 No. 739, eff. 8-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2016 No. 731, eff. 11-21-16; CR 17-021: cr. Register November 2017 No. 743, eff. 12-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2016 No. 731, eff. 11-21-16; CR 17-023: cr. Register November 2017 No. 743, eff. 12-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2016 No. 731, eff. 11-21-16; CR 17-022: cr. Register November 2017 No. 743, eff. 12-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register December 2016 No. 732, eff. 12-19-16; CR 17-020: cr. Register November 2017 No. 743, eff. 12-1-17.
cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2017 No. 736, eff. 3-27-17; correction in (intro.) made under s. 35.17, Stats., Register April 2017 No. 736; CR 17-085: cr. Register October 2018 No. 754, eff. 11-1-18; correction in (intro.) made under s. 35.17, Stats., Register October 2018 No. 754.
cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2017 No. 736, eff. 3-27-17; CR 17-086: cr. Register October 2018 No. 754, eff. 11-1-18.
cr. Affirmative action order under s. 961.11 (4), Stats., Register April 2017 No. 736, eff. 4-10-17; CR 17-087: cr. Register October 2018 No. 754, eff. 11-1-18.
EmR1710: emerg. cr., eff. 5-2-17; CR 17-040: cr. Register November 2017 No. 743, eff. 12-1-17; correction made under s. 35.17, Stats., Register November 2017 No. 743.
cr. Affirmative action order under s. 961.11 (4), Stats., Register May 2017 No. 737, eff. 5-15-17; CR 18-055: cr. Register June 2019 No. 762, eff. 7-1-19.
cr. Affirmative action order under s. 961.11 (4), Stats., Register May 2017 No. 737, eff. 5-15-17; CR 17-088: cr. Register October 2018 No. 754, eff. 11-1-18.
cr. Affirmative action order under s. 961.11 (4), Stats., Register June 2017 No. 738, eff. 6-12-17; CR 17-089: cr. Register October 2018 No. 754, eff. 11-1-18.
EmR 1716: emerg. cr. eff. 9-8-17; CR 17-0785: cr. Register July 2018 No. 751, eff. 8-1-18; corrections made under s. 35.17, Stats., Register July 2018 No. 751.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2017 No. 743, eff. 11-20-17; CR 18-024: cr. Register June 2019 No. 762, eff. 7-1-19.
cr. Affirmative action order under s. 961.11 (4), Stats., Register December 2017 No. 744, eff. 12-4-17; correction made under s. 35.17, Stats., Register December 2017 No. 744; CR 18-023: cr. Register June 2019 No. 762, eff. 7-1-19.
cr. Affirmative action order under s. 961.11 (4), Stats., Register December 2017 No. 744, eff. 12-11-17; correction made under s. 35.17, Stats., Register December 2017 No. 744; CR 18-022: cr. Register June 2019 No. 762, eff. 7-1-19.
cr. Affirmative action order under s. 961.11 (4), Stats., Register January 2018 No. 745, eff. 1-22-18; correction made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-069: cr. Register June 2019 No. 762, eff. 7-1-19.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2018 No. 747, eff. 3-12-18; CR 18-070: cr. Register June 2019 No. 762, eff. 7-1-19.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2018 No. 747, eff. 3-12-18; cr. Affirmative action order under s. 961.11 (4), Stats., Register August 2018 No. 752, eff. 8-13-18; correction made under s. 35.17, Stats., Register August 2018 No. 752; CR 19-010: cr. Register June 2020 No. 774, eff. 7-1-20; correction made under s. 35.17, Stats., Register June 2021 No. 786.
cr. Affirmative action order under s. 961.11 (4), Stats., Register October 2018 No. 754, eff. 10-8-18; CR 19-011: cr. Register June 2020 No. 774, eff. 7-1-20.
cr. Affirmative action order under s. 961.11 (4g), Stats., Register October 2018 No. 754, eff. 10-15-18; CR 19-012: cr. Register June 2020 No. 774, eff. 7-1-20.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2019 No. 759, eff. 3-11-19; CR 20-048: cr. Register June 2021 No. 786, eff. 7-1-21.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2019 No. 763, eff. 7-22-19; CR 20-049: cr. Register June 2021 No. 786, eff. 7-1-21; correction in (2) (ap) made under s. 35.17, Stats., Register June 2021 No. 785.
cr. Affirmative action order under s. 961.11 (4g), Stats., Register August 2019 No. 764, eff. 8-19-19; CR 20-050: cr. Register June 2021 No. 786, eff. 7-1-21.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2019 No. 767, eff. 11-11-19; CR 20-051: cr. Register June 2021 No. 786, eff. 7-1-21.
EmR2017: emerg. cr., eff. 6-26-20; CR 20-022: cr. Register May 2021 No. 785, eff. 6-1-21.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2020 No.771, eff. 3-23-20; CR 20-058: cr. Register July 2021 No. 787, eff. 8-1-21.
EmR2013: emerg. cr., eff. 6-5-20; CR 20-023: cr. Register May 2021 No. 785, eff. 6-1-21; correction made under s. 35.17, Stats., Register May 2021 No. 785.
cr. Affirmative action order under s. 961.11 (4), Stats., Register May 2020 No. 773, eff. 5-18-20; CR 20-075: cr. Register July 2021 No. 787, eff. 8-1-21.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2020 No.771, eff. 5-18-20; CR 20-076: cr. Register July 2021 No. 787, eff. 8-1-21; correction made under s. 35.17, Stats., Register July 2021 No. 787.
cr. Affirmative action order under s. 961.11 (4g), Stats., Register June 2020 No. 774, eff. 6-29-20; CR 20-077: cr. Register July 2021 No. 787, eff. 8-1-21.
cr. Affirmative action order under s. 961.11 (4), Stats., Register June 2020 No. 774, eff. 6-29-20; CR 20-078: cr. Register July 2021 No. 787, eff. 8-1-21.
EmR1037: emerg. cr., eff. 10-27-20; CR 20-078: cr. Register July 2021 No. 787, eff. 8-1-21; correction made under s. 35.17, Stats., Register July 2021 No. 787.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2020 No. 779, eff. 11-23-20; CR 22-011: cr. Register June 2023 No. 810, eff. 7-1-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register November 2020 No. 779, eff. 11-23-20; CR 22-014: cr. Register June 2023 No. 810, eff. 7-1-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register December 2020 No. 780, eff. 12-14-20; CR 21-098: cr. Register August 2022 No. 800, eff. 9-1-22.
cr. Affirmative action order under s. 961.11 (4), Stats., Register May 2021 No. 785, eff. 4-26-21; correction made under s. 35.17, Stats., Register May 2021 No. 785; CR 22-016: cr. Register June 2023 No. 810, eff. 7-1-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-12-21; CR 22-032: cr. Register June 2023 No. 810, eff. 7-1-23.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-033: cr. Register June 2023 No. 810, eff. 7-1-23.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction in numbering made under s. 13.92 (4) (b) 1, Stats., and correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-034: cr. Register June 2023 No. 810, eff. 7-1-23; correction in numbering made under s. 13.92 (4) (b) 1, Stats., and correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-035: cr. Register June 2023 No. 810, eff. 7-1-23.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-036: cr. Register June 2023 No. 810, eff. 7-1-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-037: cr. Register June 2023 No. 810, eff. 7-1-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; CR 22-039: cr. Register June 2023 No. 810, eff. 7-1-23.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-038: cr. Register June 2023 No. 810, eff. 7-1-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.
cr. Affirmative action order under s. 961.11 (4), Stats., Register July 2021 No. 787, eff. 7-19-21; correction made under s. 35.17, Stats., Register July 2021 No. 787; CR 22-040: cr. Register June 2023 No. 810, eff. 7-1-23.
cr. Affirmative action order under s. 961.11 (4), Stats., Register September 2021 No. 789, eff. 9-27-21; CR 22-054: cr. Register June 2023 No. 810, eff. 7-1-23.
cr. Affirmative action order under s. 961.11 (4), Stats., Register August 2022 No. 800, eff. 7-25-22; correction made under s. 35.17, Stats., Register August 2022 No. 800; CR 23-018: cr. Register April 2024 No. 820, eff. 5-1-24.
cr. Affirmative action order under s. 961.11 (4), Stats., Register August 2022 No. 800, eff. 7-25-22; correction made under s. 35.17, Stats., Register August 2022 No. 800; CR 23-019: cr. Register April 2024 No. 820, eff. 5-1-24; correction made under s. 35.17, Stats., Register April 2024 No. 820.
cr. Affirmative action order under s. 961.11 (4), Stats., Register August 2022 No. 800, eff. 7-25-22; correction in numbering of (1), (2) made under s. 13.92 (4) (b) 1., Stats., and correction in (1) made under s. 35.17, Stats., Register August 2022 No. 800; CR 23-020: cr. Register April 2024 No. 820, eff. 5-1-24; correction made under s. 35.17, Stats., Register April 2024 No. 820; (2) is amended to correct an error in transcription Register June 2025 No. 833.
cr. Affirmative action order under s. 961.11 (4), Stats., Register August 2022 No. 800, eff. 7-25-22; (title) created under s. 13.92 (4) (b) 2., Stats, Register August 2022 No. 800; CR 23-021: cr. Register April 2024 No. 820, eff. 5-1-24; (title) created under s. 13.92 (4) (b) 2. Register April 2024 No. 820.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2023 No. 807, eff. 3-6-23; correction made under s. 35.17, Stats., Register March 2023 No. 807; CR 23-068: cr. Register August 2024 No. 824, eff. 9-1-24.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2023 No. 807, eff. 3-6-23: CR 23-069: cr. Register August 2024 No. 824, eff. 9-1-24.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2023 No. 807, eff. 3-6-23; CR 24-004: cr. Register May 2025 No. 833, eff. 6-1-25.
cr. Affirmative action order under s. 961.11 (4), Stats., Register March 2023 No. 807, eff. 3-6-23; CR 24-005: cr. Register May 2025 No. 833, eff. 6-1-25.

Chapter CSB 3 SPECIAL USE AUTHORIZATION

Wis. Admin. Code § CSB 3.01 Authority {#sec-csb-3.01 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.01}

The provisions in this chapter are adopted under the authority in s. 961.335 (8), Stats.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12.

Wis. Admin. Code § CSB 3.02 Definitions {#sec-csb-3.02 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.02}

In this chapter:

(1) “Board” means the controlled substances board.

(2) “Controlled substance” has the meaning given in s. 961.01 (4), Stats.

(3) “Humane shelter” means a facility that is intended to provide for and promote the welfare, protection, shelter, and humane treatment of animals, and that is operated by a humane society, animal welfare society, animal rescue group or other non-profit group. “Humane shelter” includes a shelter that provides foster care to animals.

(4) “Special use” means to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes that include scientific research, instructional activities, chemical analysis, drug-detecting animal training, and euthanasia in humane shelters.

(5) “Special use authorization” or “SUA” means permission from the board to manufacture, obtain, possess, use, administer, or dispense a controlled substance for a special use.

(6) “SUA permit” means a special use authorization permit granted to an individual by the board.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12; CR 19-157: am. (4) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 3.03 Permits generally {#sec-csb-3.03 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.03}

(1) No individual may manufacture, obtain, possess, use, administer, or dispense a controlled substance for a special use without a valid SUA permit for such purpose.

(2) An SUA permit may be issued to an individual only.

(2m) A SUA permit may be issued to an individual who is designated and authorized to receive a SUA permit for a college or university department, research unit, or similar administrative organizational unit. Students, laboratory technicians, research specialists, or chemical analysts under the individual’s supervision, may, without obtaining a SUA permit, possess and use a controlled substance, for the purposes authorized in the permit received for the department or unit.

(3) An SUA permit authorizes the holder to manufacture, obtain, possess, use, administer, or dispense the controlled substances specified in the permit and in the amounts specified in the permit. A permit holder shall use the authorized controlled substances only in the manner delineated in the SUA permit application, and as approved by the board. Any deviation from the permit’s specifications and subsequent amendments shall constitute a violation of the permit, and may result in revocation or suspension of the permit as set forth in s. CSB 3.08 (2).

(4) An SUA permit is valid for one year from the date of issuance. An SUA permit shall not be extended or renewed. A new application shall be completed and a new permit shall be granted to continue authorization beyond an existing permit’s expiration date.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12; CR 19-157: am. (2), cr. (2m) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 3.04 SUA permit application {#sec-csb-3.04 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.04}

(1) Every applicant for an SUA permit shall:

(a) Submit a completed application. A complete application shall include a detailed description of the anticipated uses for each identified controlled substance in Schedules I to V of ch. 961, Stats., including each identified controlled substance by name and schedule and the protocols for such uses.

Note: Application forms on the department’s website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or by calling (608) 266-2112.

(b) Pay the applicable permit fee of $25. No fee for an SUA permit may be charged to an employee of a state agency or institution if the permit is necessary to perform employment functions.

(c) Provide an affidavit which states that the applicant intends to file an application for registration with the federal drug enforcement administration.

(d) Provide a plan for maintaining the physical security of the controlled substances identified in the application.

(e) Provide the calculations that led to the amounts requested in the application.

(f) Any individual applying for an SUA permit shall provide any other information or documentation requested by the board.

(g) Appear before the board if requested by the board.

(2) In addition to sub. (1), researchers shall also provide the following:

(a) A detailed one-page description of each research protocol that involves the use of controlled substances.

(b) For research involving animals, verification of Institutional Animal Care and Use Committee approval.

(3) In addition to sub. (1), individuals providing euthanasia at humane shelters shall also provide all of the following:

(a) Estimates as to the number of animals to be euthanized during the one year the SUA permit is in effect and dosage per animal.

(b) Documentation of the individual’s completion of a board-approved euthanasia by injection course.

(4) In addition to sub. (1), narcotic dog trainers shall also provide the following:

(a) A letter from the sheriff or chief of police, in the jurisdiction where the controlled substances are stored, that includes all of the following for dog training purposes:

Authorizing possession of controlled substances.
Accepting responsibility for the narcotic dog trainer.
Agreeing to supervise the narcotic dog trainer’s storage and use of controlled substances.

(b) Verification of membership in a board-approved national or Wisconsin police dog association for each narcotic dog trainer.

(5) In addition to sub. (1), municipal law enforcement animal control shall also provide all of the following:

(a) A letter from the sheriff or chief of police, in the jurisdiction where the controlled substances are stored, that includes all of the following for euthanasia purposes:

Authorizing possession of controlled substances.
Accepting responsibility for the animal control officer.
Agreeing to supervise the animal control officer’s storage and use of controlled substances.

(b) Documentation of completion of a board-approved euthanasia course by the officer performing euthanasia.

(6) In addition to sub. (1), analytical labs shall also provide all of the following:

(a) An inventory listing the total weight in grams if solid, or volume and concentration if liquid, of each controlled substance in the lab or intended for purchase for the lab.

(b) Whenever the lab purchases or otherwise adds to its inventory a new controlled substance or an additional amount of a controlled substance that was not previously authorized in a permit, an amended SUA application that includes the total weight in grams if solid, or volume and concentration if liquid, for each such new or additional substance.

(c) A detailed description of standard operating procedures relating to the use of controlled substances that includes the receipt, use, and disposition of controlled substances.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12; CR 15-083: am. (6) (a), (b) Register August 2016 No. 728, eff. 9-1-16; CR 19-157: am. (1) (a) to (d), (3), (4) (a) (intro.), (5) (a) (intro.), renum. (7) to (1) (g) and am. Register August 2020 No. 776, eff. 9-1-20; correction in (3) (a) made under s. 35.17, Stats., Register August 2020 No. 776.

Wis. Admin. Code § CSB 3.042 Storage {#sec-csb-3.042 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.042}

(1) Individuals holding a SUA permit shall store controlled substances in a safe or steel cabinet or box that meets all of the following requirements:

(a) Bolted or cemented to the floor or wall in such a way that it cannot be readily removed if the safe or steel cabinet or box weighs less than 750 pounds.

(b) Is able to withstand attempts at forced entry by individuals using common tools for a period of 10 minutes or lock manipulation for 20 hours. Fire resistance is not required.

(2) Notwithstanding sub. (1), a central safe used for other security purposes may be used if the controlled substances are locked in metal boxes sufficient to prevent casual access by others authorized to use the safe. Other secure storage areas may be approved by the board if the manner in which the controlled substances are stored will protect the controlled substances from theft and unauthorized use.

(3) Controlled substances shall be kept locked except when they are in active use by the authorized individual or under the supervision of an authorized individual under s. CSB 3.03 (2m).

History

CR 19-157: cr. Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 3.045 Limited special use authorization {#sec-csb-3.045 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.045}

The board may grant a limited SUA permit or deny a SUA permit based upon consideration of public health and safety including any of the following reasons:

(1) An act constituting a violation under s. CSB 3.08 (1).

(2) Making any materially false statement or giving any materially false information in connection with an application for a SUA.

(3) Violating any federal or state statute or rule which substantially relates to the ability to manufacture, obtain, possess, use, administer, or dispense a controlled substance for a special use.

(4) An act which shows the person to be unable to safely use the SUA permit due to alcohol or other substance use.

History

CR 14-009: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register July 2014 No. 703; CR 19-157: am. (intro.) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 3.05 Limitations on narcotic dog trainer drugs and drug quantities {#sec-csb-3.05 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.05}

(1) Narcotic dog trainers shall be limited to having possession of the following drugs and quantities at any given time during the permit period:

(a) Up to 2 kilograms of marijuana. Marijuana may require periodic replacement during the permit period. Total use per year, taking into account replacement, shall be requested.

(b) Up to 30 grams of cocaine.

(d) Up to 30 grams of heroin.

(e) Up to 30 grams of methamphetamine.

(2) A trainer may request, and the board may approve, with appropriate justification by the trainer, other controlled substances or different quantities of controlled substances.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12.

Wis. Admin. Code § CSB 3.06 Amendment {#sec-csb-3.06 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.06}

(1) A SUA permit shall be effective only for the individual, substances, and project specified on its face and for additional projects which derive directly from the state project. An individual holding a valid SUA permit may apply for an amendment to the permit by filing a written request with the board indicating the justification for the amendment and by paying a $5 fee. The board may approve a request to amend a permit for any of the following reasons:

(a) A change to the original SUA permit holder.

(b) The addition of new individuals to the SUA permit who are participating in the functions for which the authorization was approved.

(d) The addition of specific controlled substances or schedules not previously authorized.

(e) The addition of further activity in accordance with s. 961.335 (5), Stats.

(2) An application for an amendment shall be submitted to the department and approved by the board prior to a SUA permit holder operating under the terms of the amendment.

(3) Individuals applying for an amendment shall provide any other information or documentation requested by the board including information and documentation related to previous SUA permits.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12; CR 19-157: am. (1) (intro.), (a), (b), (2), (3) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 3.07 Record-keeping; records retention; disclosure {#sec-csb-3.07 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.07}

(1) A SUA permit holder shall maintain updated and accurate records of all of the following:

(a) The purchase of controlled substances pursuant to the SUA permit, including receipts.

(b) The disbursement, use, and disposition of all controlled substances authorized by the SUA permit.

(d) Documentation related to any discrepancies in a controlled substance inventory and usage, and all documentation related to investigation of such discrepancies.

(2) A SUA permit holder shall retain the records described in sub. (1) for 4 years after the expiration of the SUA permit.

(3) A SUA permit holder shall provide copies of the original records upon request of the board or the department of safety and professional services, except for those that are protected from disclosure by s. 961.335 (7), Stats.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12; CR 15-083: am. (1) (c) Register August 2016 No. 728, eff. 9-1-16; CR 19-157: am. (1) (intro.), (a), (b), (2), (3) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 3.08 Violations {#sec-csb-3.08 omnilex-key=us-wi-regs-official--agency-csb--CSB 3.08}

(1) The following acts shall constitute a violation of an SUA permit:

(a) Any deviation from the SUA permit’s specifications related to controlled substances, schedules of drugs, or amounts authorized.

(b) Failure to comply with this chapter or s. 961.335, Stats.

(d) Failure to comply with board-approved euthanasia standards.

Note: The board considers the most current version of the euthanasia standards as stated in the American Veterinary Medical Association (AVMA) panel on euthanasia available at http://www.avma.org.

(e) Failure to notify the board of the revocation or limitation of a drug enforcement administration registration, within 3 business days of the revocation or limitation.

(f) Failure to obtain a drug enforcement administration registration.

(g) A violation of state or federal law relating to controlled substances.

(2) Any violation of a special use authorization permit may, in the board’s discretion, result in the suspension or revocation of the SUA permit.

History

CR 12-010: cr. Register October 2012 No. 682, eff. 11-1-12; CR 19-157: am. (1) (a), cr. (1) (f), (g), am. (2) Register August 2020 No. 776, eff. 9-1-20.

Chapter CSB 4 PRESCRIPTION DRUG MONITORING PROGRAM

Wis. Admin. Code § CSB 4.01 Authority and scope {#sec-csb-4.01 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.01}

The rules in this chapter are adopted under authority in ss. 227.11 (2) (a) and 961.385, Stats., for the purpose of creating a prescription drug monitoring program to collect and disclose information relating to the prescribing and dispensing of monitored prescription drugs.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; EmR1706: emerg. am., eff. 4-1-17; CR 17-028: am. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § CSB 4.02 Definitions {#sec-csb-4.02 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.02}

As used in this chapter:

(1) “Access” means to have the ability to view monitored prescription drug history reports, audit trails, and PDMP data as authorized by s. CSB 4.09.

(2) “Administer” has the meaning given in s. 961.385 (1) (a), Stats.

(2m) “Agent” has the meaning given in s. 961.385 (1) (ab), Stats.

(3) “Animal” has the meaning given in s. 89.02 (1m), Stats.

(3m) “ASAP” means the American Society for Automation in Pharmacy.

Note: Contact: American Society for Automation in Pharmacy, 492 Norristown Road, Suite 160; Blue Bell, PA 19422; phone: (610) 825-7783; fax: (610) 825-7641; webpage: http://asapnet.org.

(3s) “Audit trail” means the log that contains information about each time the PDMP system discloses PDMP data, monitored prescription drug history reports, and prescribing metrics reports.

(4) “Board” means the Controlled Substances Board.

(4m) “Business day” has the meaning given in s. 961.385 (1) (ad), Stats.

(5) “Controlled substance” means a drug, substance, analog, or precursor described in any of the following:

(a) Schedule I, II, III, IV, or V in the federal controlled substances act, 21 USC 812 (b) (1) to (b) (5) and (c), as changed and updated by 21 CFR 1308.

(b) Schedule I, II, III, IV, or V in subch. II of ch. 961, Stats., as amended by ch. CSB 2.

(5k) “DEA registration number” means the registration number issued to a dispenser or practitioner by the federal department of justice, drug enforcement administration.

(5m) “Deliver” or “delivery” has the meaning in s. 961.385 (1) (ae), Stats.

(6) “Department” means the department of safety and professional services.

(7) “Dispense” has the meaning given in s. 961.385 (1) (af), Stats.

(8) “Dispenser” means all of the following:

(a) A pharmacy.

Note: A site of remote dispensing authorized under s. 450.09 (2) (b) 2., Stats., is under the supervision of a pharmacy.

(b) A practitioner who dispenses a monitored prescription drug.

(9) “Dispenser delegate” means any of the following:

(a) A managing pharmacist of a pharmacy.

(b) An agent or employee of a practitioner who has been delegated the task of satisfying the data compilation and submission requirements of ss. CSB 4.04 and 4.05.

(10) “Dispensing data” means data compiled pursuant to s. CSB 4.04.

(11) “Drug” has the meaning given in s. 450.01 (10), Stats.

(11c) “Healthcare Professional” means a pharmacist, practitioner, registered nurse licensed under s. 441.06, Stats., substance abuse counselor, as defined in s. 440.88 (1) (b), Stats., or individual authorized under s. 457.02 (5m), Stats., to treat alcohol or substance dependency or abuse as a specialty.

(11g) “Hospital” has the meaning given in s. 50.33 (2), Stats.

(11n) “Law enforcement agency” has the meaning given in s. 165.77 (1) (b), Stats.

(11r) “Managing pharmacist” means a pharmacist designated by the pharmacy owner to have responsibility for and direct control of pharmaceutical operations in a pharmacy.

(11w) “Medical coordinator” means a person who medically coordinates, directs, supervises, or establishes standard operating procedures for a healthcare professional.

(12)

(a) “Monitored prescription drug” means all of the following:

A controlled substance included in s. 961.385 (1) (ag), Stats.
A drug identified by the board as having a substantial potential for abuse in s. CSB 4.03.

(b) “Monitored prescription drug” does not mean a controlled substance that by law may be dispensed without a prescription order.

(12m) “Monitored prescription drug history report” means all of the following information about a patient, patient address, practitioner, or dispenser compiled by the PDMP system and disclosed as authorized in ss. CSB 4.09 and 4.11:

(a) PDMP data.

(b) Reports submitted to the program pursuant to s. 961.37, Stats.

(d) Information from the analytics platform.

(12s) “NPI number” means national provider identifier number, the unique number issued by the National Plan and Provider Enumeration System of the federal Centers for Medicare and Medicaid Services used in the U.S. to identify each health care provider.

(13) “Patient” has the meaning given in s. 961.385 (1) (aj), Stats.

(14e) “PDMP” means the Wisconsin prescription drug monitoring program.

(15) “PDMP data” means the information compiled and analyzed by the PDMP system from dispensing data submitted to it by dispensers.

(15b) “PDMP system” means the web-based application, analytics platform, and all related hardware and software that facilitates the submission of dispensing data and the access to and disclosure of PDMP data, monitored prescription drug history reports, audit trails, and prescribing metrics reports.

(15e) “Personally identifiable information” means information that can be associated with a particular person through one or more identifiers or other information or circumstances.

(15g) “Pharmacist” has the meaning given in s. 961.385 (1) (aL), Stats. For the purposes of this program, the board recognizes a pharmacist licensed by another state that engages in the practice of pharmacy within the contiguous borders of this state or who practices at a pharmacy licensed under s. 450.065, Stats. as a person authorized to engage in the practice of pharmacy.

(15r) “Pharmacist delegate” means an agent of a pharmacist to whom the pharmacist has delegated the task of accessing monitored prescription drug history reports.

(16) “Pharmacy” has the meaning given in s. 961.385 (1) (an), Stats., including a pharmacy that chooses to solely dispense to animal patients.

(17) “Practitioner” has the meaning given in s. 961.385 (1) (ar), Stats. For the purposes of this program, the board recognizes a practitioner licensed by another state that engages in the practice of their credentialed profession within the contiguous borders of this state as a person authorized to prescribe and administer drugs.

(18) “Practitioner delegate” means an agent of a practitioner to whom the practitioner has delegated the task of accessing monitored prescription drug history reports.

(18m) “Prescribing metrics report” means all of the following information about a practitioner compiled by the PDMP system and disclosed as authorized in s. CSB 4.09:

(a) PDMP data.

(b) Audit trails.

(c) Reports submitted to the program pursuant to s. 961.37, Stats., about a patient to whom the practitioner has issued a prescription order.

(d) Information from the analytics platform.

(19) “Prescription” has the meaning given in s. 450.01 (19), Stats.

(20) “Prescription order” has the meaning given in s. 961.385 (1) (b), Stats.

(21) “Program” means the prescription drug monitoring program established under this chapter.

(21m) “Prosecutorial unit” has the meaning given in s. 978.001 (2), Stats.

(23) “Zero report” means a report that indicates that a dispenser has not dispensed a monitored prescription drug since the previous submission of dispensing data or a zero report.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2012 No. 682; CR 13-065: cr. (3m), (13e), am. (16), (17), r. (22) Register February 2014 No. 698, eff. 3-1-14; (13e) renum. to (14e) under s. 13.92 (4) (b) 1., Stats., Register February 2014 No. 698; correction in (17) made under s. 13.92 (4) (b) 7., Stats., Register February 2014 No. 698; CR 14-003: am. (8) (a), renum. (9) to (9) (intro.) and am., cr. (9) (a), (b), (11g), (11r), am. (15) (intro.), cr. (15g), (15r), am. (17) Register August 2014 No. 704, eff. 9-1-14; correction in (3), (9) (b), (10), (12) (a) 1., 2., (15) (b), (15g), (17), (20) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 15-101: am. (4) Register June 2016 No. 726, eff. 7-1-16; EmR1706: emerg. am. (1), (2), cr. (2m), (3s), (4m), (5m), am. (7), cr. (11c), (11n), am. (11r), cr. (11w), am. (12) (a) 1., cr. (12m), am. (13), r. (14), cons. and renum. (15) (intro.) and (a) to (15) and am., r. (15) (b), cr. (15b), (15e), am. (15g), (15r), (16), (17), (18), cr. (18m), (21m), eff. 4-1-17; CR 17-028: am. (1), (2), cr. (2m), (3s), (4m), (5m), am. (7), cr. (11c), (11n), am. (11r), cr. (11w), am. (12) (a) 1., cr. (12m), am. (13), r. (14), cons. and renum. (15) (intro.) and (a) to (15) and am., r. (15) (b), cr. (15b), (15e), am. (15g), (15r), (16), (17), (18), cr. (18m), (21m) Register December 2017 No. 744, eff. 1-1-18; (5k) renumbered from CSB 4.04 (1) (a) under s. 13.92 (4) (b) 1., Stats., Register August 2021 No. 788; CR 24-013: cr. (12s) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § CSB 4.03 Drugs that have a substantial potential for abuse {#sec-csb-4.03 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.03}

Pursuant to s. 961.385 (1) (ag), Stats., the board has identified all of the following drugs as having a substantial potential for abuse:

(1) A controlled substance identified in schedule II, III, IV or V in the federal controlled substances act, 21 USC 812 (b) (2) to (b) (5) and (c), as changed and updated by 21 CFR 1308.

(2) Gabapentin.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2012 No. 682; CR 13-065: am. (intro.) Register February 2014 No. 698, eff. 3-1-14; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2014 No. 698; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 15-101: r. (3) Register June 2016 No. 726, eff. 7-1-16; EmR1706: emerg. r. (2), eff. 4-1-17; CR 17-028: r. (2) Register December 2017 No. 744, eff. 1-1-18; CR 20-080: cr. (2) Register August 2021 No. 788, eff. 9-1-21.

Wis. Admin. Code § CSB 4.04 Compilation of dispensing data {#sec-csb-4.04 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.04}

(1) As used in this section, “NDC number” means national drug code number, the universal product identifier used in the U.S. to identify a specific drug product.

(2) Subject to s. CSB 4.08, a dispenser shall compile dispensing data that contains all of the following information each time the dispenser dispenses a monitored prescription drug:

(a) The dispenser’s full name.

(b) The dispenser’s DEA registration number, if applicable.

(bm) Beginning December 1, 2025, the dispenser’s NPI number.

(d) The prescription number.

(e) The NDC number of the monitored prescription drug.

(f) The quantity dispensed.

(g) The estimated number of days of drug therapy.

(gb) The drug dosage units.

(gd) The partial fill indicator.

(ge) The classification code for payment type.

(gm) The number of refills authorized by the prescriber.

(gs) The refill number of the prescription.

(h) The practitioner’s full name.

(i) The practitioner’s DEA registration number, if applicable.

(im) Beginning December 1, 2025, the prescriber’s NPI number.

(j) The date prescribed.

(L) The patient’s full name or if the patient is an animal, the animal’s name and the owner’s last name.

(m) The patient’s address, or if the patient is an animal, patient’s owner’s address, including street address, city, state, and ZIP code.

(n) The patient’s date of birth, or if the patient is an animal, patient’s owner’s date of birth.

(o) The patient’s gender.

(p) The name recorded under s. 450.11 (1b) (bm), Stats., unless exempted pursuant to s. Phar 8.06 (2).

(4) The board may refer a dispenser and dispenser delegate that fail to compile dispensing data as required by sub. (2) to the appropriate licensing or regulatory board for discipline.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 13-065: am. (1) (b), (e), (3) (b), (d), (i), (k) Register February 2014 No. 698, eff. 3-1-14; CR 14-003: am. (title), renum. (2) to (2) (intro.) and am., cr. (2) (ge), (gm), (gs), renum. (3) (a) to (g) and (h) to (j) to (2) (a) to (g) and (h) to (j), r. (3) (k), renum. (3) (L) to (o) to (2) (L) to (o) and am. (L) to (n), am. (4) Register August 2014 No. 704, eff. 9-1-14; correction in (2) (intro.) made under s. 35.17, Stats., and in (4) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 15-070: cr. (2) (p) Register April 2016 No. 724, eff. 4-9-17; numbering correction in (2) (p) under s. 13.92 (4) (b) 1. Register April 2016 No. 724; republished to correct CR 15-070: cr. (2) (p) effective date Register May 2016 No. 725; EmR1706: emerg. r. (1) (b), (d), (e), am. (2) (b), (e), (i), (4), eff. 4-1-17; CR 17-028: r. (1) (b), (d), (e), am. (2) (b), (e), (i), (4) Register December 2017 No. 744, eff. 1-1-18; CR 19-156: cr. (2) (gb), (gd) Register August 2020 No. 776, eff. 9-1-20; (1) (a) renumbered to CSB 4.02 (5k), and (1) (intro.) and (c) consolidated and renumberd to (1) under s. 13.92 (4) (b) 1., Stats., correction in (1) made under s. 35.17, Stats., Register August 2021 No. 788; CR 24-013: am. (2) (b), cr. (2) (bm), am. (2) (i), cr. (2) (im) Register June 2025 No. 824, eff. 7-1-25; CR 24-060: am. (2) (p) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § CSB 4.05 Electronic submission of dispensing data {#sec-csb-4.05 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.05}

(1) Unless exempt under s. CSB 4.08, a dispenser shall electronically submit dispensing data to the PDMP in any of the following ways:

(a) As a file that complies with the data standards identified in version 4 and release 2 of ASAP implementation guide for prescription monitoring programs.

(b) Using the prescription record entry functions of the PDMP system.

Note: The guide for dispensers which specifies the data standards in version 4 release 2 of the ASAP implementation guide for prescription monitoring programs and other electronic formats identified by the board may be obtained online at https://pdmp.wi.gov or obtained at no charge from the Department of Safety and Professional Services, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53705.

(4) The board may refer a dispenser and dispenser delegate that fail to submit dispensing data as required by sub. (1) to the appropriate licensing or regulatory board for discipline.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 13-065: am. (2) Register February 2014 No. 698, eff. 3-1-14; CR 14-003: am. (1), (4) Register August 2014 No. 704, eff. 9-1-14; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; EmR1706: emerg. renum. (1) to (1) (intro.), cr. (1) (a), (b), r. (2), (3), r. and recr. (4), eff. 4-1-17; CR 17-028: renum. (1) to (1) (intro.), cr. (1) (a), (b), r. (2), (3), r. and recr. (4) Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § CSB 4.06 Frequency of submissions {#sec-csb-4.06 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.06}

(1) A dispenser shall submit dispensing data to the PDMP no later than 11:59 p.m. of the next business day after the monitored prescription drug is dispensed.

(2) If a dispenser does not dispense a monitored prescription drug on a business day, the dispenser shall submit no later than 11:59 p.m. of the next business day a zero report to the PDMP that accounts for each business day on which the dispenser did not dispense a monitored prescription drug.

(3) If a dispenser is not able to submit dispensing data zero report before 11:59 p.m. of the next business day as required by subs. (1) or (2), the board may grant an emergency waiver to a dispenser who satisfies all of the following conditions:

(a) The dispenser is not able to submit dispensing data or a zero report because of circumstances beyond its control.

(b) The dispenser files with the board a written application for an emergency waiver on a form provided by the board prior to the required submission of dispensing data or zero report.

Note: The application for an emergency waiver may be obtained online at www.dsps.wi.gov or obtained at no charge from the Department of Safety and Professional Services, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53705.

(4) Unless otherwise specified by the board, an emergency waiver granted under sub. (3) shall only be effective for 7 days.

(5) The board may refer a dispenser and dispenser delegate that fail to submit dispensing data or a zero report as required by subs. (1) and (2), or be granted an emergency waiver under sub. (3), or a dispenser and a dispenser delegate that submit false information to the PDMP to the appropriate licensing or regulatory board for discipline.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 13-065: am. (1), (2), (3) (intro.), r. (4) to (6), (9), renum. (7) to (4) and am., renum. (8) to (5) Register February 2014 No. 698, eff. 3-1-14; CR 14-003: am. (2), (5) Register August 2014 No. 704, eff. 9-1-14; EmR1706: emerg. am. (1), (2), (3), (5), eff. 4-1-17; CR 17-028: am. (1), (2), (3), (5) Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § CSB 4.07 Correction of dispensing data {#sec-csb-4.07 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.07}

(1) A dispenser shall electronically correct dispensing data in the PDMP system within 5 business days of discovering an omission, error, or inaccuracy in previously submitted dispensing data.

(2) The board may refer a dispenser and dispenser delegate that fail to correct dispensing data as required by sub. (1) to the appropriate licensing or regulatory board for discipline.

Note: The written notice to the board may be submitted through an account with the board, sent by electronic mail or sent by U.S. mail to the Department of Safety and Professional Services, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53705.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 14-003: am. Register August 2014 No. 704, eff. 9-1-14; EmR1706: emerg. r. and recr. eff. 4-1-17; CR 17-028: r. and recr. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § CSB 4.08 Exemptions from compiling and submitting dispensing data {#sec-csb-4.08 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.08}

(1) The board shall exempt a dispenser from compiling and submitting dispensing data and from submitting a zero report as required under this chapter until the dispenser is required to renew its license, or until the dispenser dispenses a monitored prescription drug, if the dispenser satisfies all of the following conditions:

(a) The dispenser provides evidence sufficient to the board that the dispenser does not dispense monitored prescription drugs.

(b) The dispenser files with the board a written request for exemption on a form provided by the board.

Note: The application for an exemption may be obtained online at www.dsps.wi.gov or at no charge from the Department of Safety and Professional Services,4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53705. A dispenser who is already exempt can renew his or her exemption as part of the licensure renewal process.

(2) A dispenser is not required to compile or submit dispensing data when the monitored prescription drug is administered directly to a patient.

(2m) A dispenser is not required to compile or submit dispensing data when the monitored prescription drug is compounded, packaged, or labeled in preparation for delivery but is not delivered.

(3) A dispenser is not required to compile or submit dispensing data when the monitored prescription drug is a substance listed in the schedule in s. 961.22, Stats., and is not a narcotic drug, as defined in s. 961.01 (15), Stats., and is dispensed pursuant to a prescription order for a number of doses that is intended to last the patient 7 days or less.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 14-003: am. (1) (a), cr. (3) Register August 2014 No. 704, eff. 9-1-14; CR 15-101: am. (1) Register June 2016 No. 726, eff. 7-1-16; EmR1706: emerg. cr. (2m), eff. 4-1-17; CR 17-028: cr. (2m) Register December 2017 No. 744, eff. 1-1-18; CR 20-080: cr. (4) Register August 2021 No. 788, eff. 9-1-21; CR 24-013: r. (4) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § CSB 4.09 Access to monitored prescription drug history reports and PDMP data about a patient {#sec-csb-4.09 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.09}

(1) Healthcare professionals may access monitored prescription drug history reports about a patient for any of the following reasons:

(a) The healthcare professional is directly treating or rendering assistance to the patient.

(b) The healthcare professional is being consulted regarding the health of the patient by an individual who is directly treating or rendering assistance to the patient.

The patient is a direct patient of the healthcare professional.
The healthcare professional has obtained informed consent from the patient to access monitored prescription drug history reports for scientific research purposes.

(d) Purposes of conducting an overdose fatality review.

(2) Pharmacist delegates and practitioner delegates may access monitored prescription drug history reports about a patient for any of the following reasons:

(a) A pharmacist or practitioner who is directly treating or rendering assistance to the patient has delegated the task of obtaining monitored prescription drug history reports about the patient to the pharmacist delegate or practitioner delegate.

(b) A pharmacist or practitioner who is being consulted regarding the health of the patient by an individual who is directly treating or rendering assistance to the patient has delegated the task of obtaining monitored prescription drug history reports about the patient to the pharmacist delegate or practitioner delegate.

(3) Healthcare professionals, pharmacist delegates, and practitioner delegates may only disclose a monitored prescription drug history report about a patient obtained pursuant to sub. (1) or (2) in the following situations:

(a) To the patient as part of treating or rendering assistance to the patient.

(b) To another healthcare professional or a medical coordinator for consultation about the health of the patient or as part of treating or rendering assistance to the patient.

(d) To a law enforcement agency as required by s. 146.82, Stats.

(4) To obtain access to monitored prescription drug history reports as authorized in subs. (1) and (2), healthcare professionals, pharmacist delegates, and practitioner delegates shall do one of the following:

(a) Create an account with the PDMP system.

(b) Create an account with a prescription monitoring program operated by a relevant agency in another jurisdiction with which the board exchanges monitored prescription drug history reports or PDMP data pursuant to s. CSB 4.14.

(c) Create an account with a pharmacy or other entity at which pharmacists dispense or administer monitored prescription drugs in the course of professional practice with which the board has determined to have at least equivalent capability to maintain the confidentiality of monitored prescription drug history reports or that is connected to and lawfully obtains data from the state-designated entity under ch. 153, Stats.

(d) Create an account with a hospital or other entity at which practitioners prescribe, dispense, or administer monitored prescription drugs in the course of professional practice with which the board has determined to have at least equivalent capability to maintain the confidentiality of monitored prescription drug history reports or that is connected to and lawfully obtains data from the state-designated entity under ch. 153, Stats.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 14-003: am. (1), renum. (2) to (2) (intro.) and am., cr. (2) (a) to (d), am. (3) Register August 2014 No. 704, eff. 9-1-14; corrections in (1), (2) (b), (3) (a) Register September 2015 No. 717; EmR1706: emerg. r. and recr., eff. 4-1-17; CR 17-028: r. and recr. Register December 2017 No. 744, eff. 4-1-17; s. 35.17 corrections in (3) (intro.), (4) (intro.), Register December 2017 No. 744; CR 19-156: cr. (1) (c), (d) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 4.093 Monitored prescription drug history reports and audit trails about healthcare professionals {#sec-csb-4.093 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.093}

(1) Healthcare professionals may access audit trails about themselves and their practitioner delegates or pharmacist delegates.

(2) A practitioner may access the audit trails accessible to healthcare professionals and a prescribing metrics report about themself.

(2m) Department staff who are charged with investigating dispensers, dispenser delegates, pharmacists, pharmacist delegates, practitioners, and practitioner delegates may access the audit trails related to s. CSB 4.12 (3) (f) and (g).

(3) Medical coordinators may access prescribing metrics reports and audit trails about a healthcare professional whom the medical coordinator coordinates, directs, or supervises or for whom the medical coordinator establishes standard operating procedures that contain no personally identifiable information about a patient if the medical coordinator is conducting any of the following activities:

(a) Evaluating the job performance of the healthcare professional.

(b) Performing quality assessment and improvement activities, including outcomes evaluation or development of clinical guidelines for the healthcare professional.

(4) To obtain access to prescribing metrics reports and audit trails as authorized in subs. (1) and (2), healthcare professionals, pharmacist delegates, and practitioner delegates shall create an account with the PDMP system.

(5) To obtain access to prescribing metrics reports, and audit trails about a healthcare professional, a medical coordinator shall create an account with the PDMP system.

History

EmR1706: emerg. cr. eff. 4-1-17; CR 17-028: cr. Register December 2017 No. 744, eff. 4-1-17; s. 35.17 correction in (4), Register December 2017 No. 744; CR 19-156: cr. (2m) Register August 2020 No. 776, eff. 9-1-20.

Wis. Admin. Code § CSB 4.097 Deny, suspend, revoke or otherwise restrict or limit access {#sec-csb-4.097 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.097}

(1) The board may deny, suspend, revoke, or otherwise restrict or limit a healthcare professional’s, pharmacist delegate’s, practitioner delegate’s, or medical coordinator’s access to monitored prescription drug history reports, prescribing metrics reports, PDMP data, and audit tails for any of the following reasons:

(a) The healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator is suspected of attempting to access, accessing, or disclosing a monitored prescription drug history report, prescribing metrics report, PDMP data, or audit trail in violation of s. 146.82 or 961.385, Stats., this chapter, or other state or federal laws or regulations relating to the privacy of patient health care records.

(b) The healthcare professional is no longer licensed in this state or in another state and recognized by this state as a person to whom the board may grant access pursuant to s. CSB 4.09 or 4.093.

(c) The board, or other licensing board, or regulatory agency takes adverse action against the healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator.

(d) A licensing board or equivalent regulatory agency in another jurisdiction takes adverse action against the healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator.

(e) The federal department of justice, drug enforcement administration takes adverse action against the healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator.

(f) The healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator is convicted of a crime substantially related to the prescribing, administering, or dispensing of a monitored prescription drug.

(g) The pharmacist delegate or practitioner delegate is no longer delegated the task of accessing monitored prescription drug history reports.

(h) The medical coordinator no longer coordinates, directs, supervises, or establishes standard operating procedures for a healthcare professional.

(i) Beginning December 1, 2025, the board may temporarily suspend access to monitored prescription drug history reports when the healthcare professional fails to enter any of the data under s. CSB 4.04 (2) where required.

(2) The board may temporarily suspend access to monitored prescription drug history reports, prescribing metrics reports, PDMP data, and audit trails upon discovering circumstances that indicate a healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator has performed any of the actions identified in sub. (1) (a).

History

EmR1706: emerg. cr., eff. 4-1-17; CR 17-028: cr. Register December 2017 No. 744, eff. 1-1-18; CR 24-013: cr. (1) (i) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § CSB 4.10 Requests for review {#sec-csb-4.10 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.10}

(1) A dispenser, healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator may request that the board review any of the following:

(b) The denial of an emergency waiver requested pursuant to s. CSB 4.06 (3).

(c) The denial, suspension, revocation or other restriction or limitation imposed on the healthcare professional’s, pharmacist delegate’s, practitioner delegate’s, or medical coordinator’s account pursuant to s. CSB 4.097.

(2) To request a review, the dispenser, health care professional, pharmacist delegate, practitioner delegate, or medical coordinator shall file a written request with the board within 20 days after the mailing of the notice of the action in sub. (1). The request shall be in writing and include all of the following:

(a) The dispenser’s, healthcare professional’s, pharmacist delegate’s, practitioner delegate’s, or medical coordinator’s name and address, including street address, city, state and ZIP code.

(b) The citation to the specific statute or rule on which the request is based.

(3) The board shall conduct the review at its next regularly scheduled meeting and notify the dispenser, healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator of the time and place of the review.

(4) No discovery is permitted.

(5) The board shall preside over the review. The review shall be recorded by audio tape unless otherwise specified by the board.

(6) The board shall provide the dispenser, healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator with an opportunity to submit written documentation, make a personal appearance before the board and present a statement. The board may establish a time limit for making a presentation. Unless otherwise determined by the board, the time for making a personal appearance shall be 20 minutes.

(7) If the dispenser, healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator fails to appear for a review, or withdraws the request for a review, the board may note the failure to appear in the minutes and affirm its original decision without further action.

History

CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2014 No. 698; CR 14-003: am. (1) (intro.), (2) (intro.), (b), (3), (6), (7) Register August 2014 No. 704, eff. 9-1-14; correction in (1) (a) to (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 15-101: am. (1) (c), (2) (a) Register June 2016 No. 726, eff. 7-1-16; s. 35.17 correction in (1) (c), Register June 2016 No. 726; EmR1706: emerg. am. (1) (intro.), r. (1) (a), am. (1) (c), (2) (intro.), (a), (3), (6), (7), eff. 4-1-17; CR 17-028: am. (1) (intro.), r. (1) (a), am. (1) (c), (2) (intro.), (a), (3), (6), (7) Register December 2017 No. 744, eff. 1-1-18; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., December 2017 No. 744.

Wis. Admin. Code § CSB 4.105 Practitioners’ requirement to review monitored prescription drug history reports {#sec-csb-4.105 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.105}

(1) A practitioner, or a practitioner delegate assisting the practitioner in accordance with the standards of practice for the practitioner’s profession, shall review the monitored prescription drug history report about a patient before the practitioner issues a prescription order for the patient unless any of the following conditions are met:

(a) The patient is receiving hospice care, as defined in s. 50.94 (1) (a).

(b) The prescription order is for a number of doses that is intended to last the patient 3 days or less and is not subject to refill.

(d) The practitioner is unable to review the patient’s monitored prescription drug history reports before issuing a prescription order for the patient due to an emergency.

(e) The practitioner is unable to review the patient’s records under their program because the PDMP system is not operational or due to other technological failure that the practitioner reports to the board.

(2) Reviews of reports or other information not provided by the board as part of the program that summarize or analyze PDMP data do not satisfy the requirement to review a monitored prescription drug history report under sub. (1).

(3) The board may refer a practitioner that fails to review a monitored prescription drug history report about a patient prior to issuing a prescription order for that patient to the appropriate licensing or regulatory board for discipline.

History

EmR1706: emerg. cr., eff. 4-1-17; CR 17-028: cr. Register December 2017 No. 744, eff. 1-1-18.

Wis. Admin. Code § CSB 4.11 Methods of obtaining monitored prescription drug history reports {#sec-csb-4.11 omnilex-key=us-wi-regs-official--agency-csb--CSB 4.11}

(1) The board shall disclose the monitored prescription drug history report about a patient to the patient if he or she does all of the following:

(a) Appears in person at the department with two forms of valid proof of identity, one of which is valid government-issued photographic identification or mails to the department copies of two forms of valid proof of identity, one of which is valid government-issued photographic identification.

(b) Makes a request for the monitored prescription drug history reports about the patient on a form provided by the board. If the request is mailed, the form shall be notarized.

(2) The board shall disclose the monitored prescription drug history report about a patient to a person authorized by the patient if the person authorized by the patient does all of the following:

(a) Appears in person at the department with two forms of valid proof of identity, one of which is a valid government-issued photographic identification or mails to the department copies of two forms of valid proof of identity, one of which is a valid government-issued photographic identification.

(b) Provides proof sufficient to the board of the authorization or delegation from the patient.

(c) Makes a request for the monitored prescription drug history report on a form provided by the board. If the request is mailed, the form shall be notarized.

(5) The board shall disclose the minimum necessary amount of information in a monitored prescription drug history report about a patient, patient address, practitioner, or dispenser to designated staff of a federal or state governmental agency in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the designated staff does all of the following: