reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 2 - Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats › Appendix - Appendix › Section CSB 2.98 - xcluding [[18]F] FP-CIT from schedule II

Current through June 24, 2024
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 and
				  [18F]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:
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 2 - Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats › Appendix - Appendix › Section CSB 2.99 - Addition of Mesocarb to schedule I

Current through June 24, 2024
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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.02 - Definitions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.03 - Permits generally

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.04 - SUA permit application

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.042 - Storage

Current through June 24, 2024
(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.
(c) Is housed in a room which is locked
			 during non-use hours.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.045 - Limited special use authorization

Current through June 24, 2024
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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.05 - Limitations on narcotic dog trainer drugs and drug quantities

Current through June 24, 2024
(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.
(c) Up to 30 grams of cocaine base, commonly
			 known as crack cocaine.
(d) Up to
			 30 grams of heroin.
(e) Up to 30
			 grams of methamphetamine.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.06 - Amendment

Current through June 24, 2024
(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.
(c) An increase in the amount of a previously
			 authorized controlled substance.
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.07 - Record-keeping; records retention; disclosure

Current through June 24, 2024
(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.
(c) The total weight in grams if solid, or
			 volume and concentration if liquid, of each controlled substance on
			 hand.
(d) Documentation related to
			 any discrepancies in a controlled substance inventory and usage, and all
			 documentation related to investigation of such discrepancies.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 3 - Special Use Authorization › Section CSB 3.08 - Violations

Current through June 24, 2024
(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.
(c) Failure to maintain
			 physical security requirements for controlled substances as required by state
			 and federal law.
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.01 - Authority and scope

Current through June 24, 2024
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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.02 - Definitions

Current through June 24, 2024
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/index.html
.
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.03 - Drugs that have a substantial potential for abuse

Current through June 24, 2024
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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.04 - Compilation of dispensing data

Current through June 24, 2024
(1) As used in this
			 section:
(a) "DEA registration number" means
			 the registration number issued to a dispenser or practitioner by the federal
			 department of justice, drug enforcement administration.
(c) "NDC number" means national drug code
			 number, the universal product identifier used in the U.S. to identify a
			 specific drug product.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.05 - Electronic submission of dispensing data

Current through June 24, 2024
(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, 1400 East Washington
				Avenue, P.O. Box 8366, Madison, WI 53708.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.06 - Frequency of submissions

Current through June 24, 2024
(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,
				1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.07 - Correction of dispensing data

Current through June 24, 2024
(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.
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 1400 East Washington Avenue,
				  P.O. Box 8366, Madison, WI 53708.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.08 - Exemptions from compiling and submitting dispensing data

Current through June 24, 2024
(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 1400 East
				Washington Avenue, P.O. Box 8366, Madison, WI 53708. A dispenser who is already
				exempt can renew his or her exemption as part of the licensure renewal
				process.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.09 - Access to monitored prescription drug history reports and PDMP data about a patient

Current through June 24, 2024
(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.
(c) Scientific research
			 purposes if all of the following requirements are met:
1. The patient is a direct patient of the
			 healthcare professional.
2. 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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.093 - Monitored prescription drug history reports and audit trails about healthcare professionals

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.097 - Deny, suspend, revoke or otherwise restrict or limit access

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.10 - Requests for review

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.105 - Practitioners' requirement to review monitored prescription drug history reports

Current through June 24, 2024
(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.
(c) The monitored
			 prescription drug is lawfully administered to the patient.
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.11 - Methods of obtaining monitored prescription drug history reports

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.12 - Use of PDMP data by the board and department

Current through June 24, 2024
(1) The board shall
			 develop and maintain a PDMP database to store dispensing data and PDMP data in
			 a secure environment and an encrypted format.
(2m) The board shall develop and maintain a
			 PDMP system to facilitate all of the following:
(a) The submission of dispensing data to the
			 PDMP database.
(b) The creation of
			 monitored prescription drug history reports about specific patients,
			 practitioners, and dispensers.
(c)
			 The access to and the obtaining of monitored prescription drug history reports,
			 prescribing metrics reports, and audit trails.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.13 - Confidentiality of PDMP records

Current through June 24, 2024
(1) The dispensing
			 data, PDMP data, audit trails, monitored prescription drug history reports, and
			 prescribing metrics reports maintained, created, or stored as a part of the
			 program are not subject to inspection or copying under s.
			 19.35,
			 Stats.
(2) A person who discloses
			 or a person whose delegate discloses dispensing data, PDMP data, audit trails,
			 monitored prescription drug history reports, or prescribing metrics reports 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, may be referred to the appropriate
			 licensing or regulatory board for discipline, or the appropriate law
			 enforcement agency for investigation and possible prosecution if the board
			 determines that a criminal violation may have occurred.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.14 - Exchange of PDMP data

Current through June 24, 2024
(1) The board may exchange monitored
			 prescription drug history reports and PDMP data with a prescription monitoring
			 program operated by a relevant agency in another state or jurisdiction if the
			 prescription monitoring program satisfies all of the following conditions:
(a) The prescription monitoring program is
			 compatible with the program.
(b)
			 The relevant agency operating the prescription monitoring program agrees to
			 exchange similar information with the program.
Wisconsin Administrative Code › Controlled Substances Board › Chapter CSB 4 - Prescription Drug Monitoring Program › Section CSB 4.15 - Disclosure of suspicious or critically dangerous conduct or practices

Current through June 24, 2024
(1) The board
			 may review dispensing data, monitored prescription drug history reports, PDMP
			 data, and data compiled pursuant to s.
			 CSB
			 4.12 to determine whether circumstances indicate
			 suspicious or critically dangerous conduct or practices of a pharmacist,
			 pharmacy, practitioner, or patient.
(2) The board may include any of the
			 following factors when determining whether circumstances indicate suspicious or
			 critically dangerous conduct or practices of a pharmacist or pharmacy:
(a) The pharmacist or pharmacy's monitored
			 prescription drug dispensing practices deviate from accepted pharmacist or
			 pharmacy practices.
(b) There are
			 unusual patterns in the payment methodology used by patients to whom monitored
			 prescription drugs are dispensed by the pharmacist or pharmacy.
(c) The history of actions taken against the
			 pharmacist or pharmacy by other state agencies, agencies of another state, or
			 law enforcement.
(d) The type and
			 number of monitored prescription drugs dispensed by the pharmacist or at the
			 pharmacy.
(e) The pharmacist or
			 pharmacy has dispensed forged prescription orders for a monitored prescription
			 drug.
(f) The distance patients
			 travel to have monitored prescription drugs dispensed at the
			 pharmacy.
(g) The number of
			 patients dispensed monitored prescription drugs at the pharmacy or by the
			 pharmacist who satisfy any of the criteria identified in sub. (4).
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.01 - Definitions

Current through June 24, 2024
For the purposes of this chapter:
(1) "Chemical process" means the use of chemical reactions to change the
								 texture, style, or length of hair, skin, or nails.
(2)
								 "Dermaplaning," also referred to as dermablading, means a skin resurfacing procedure that uses a scalpel and
								 blade held at a 45-degree angle to the skin to remove hair and some of the stratum corneum.
(3) "Impact" means to touch, change, alter, modify, or transform.
(4) "Microblading" means a permanent makeup technique in which a handheld
								 tool made of several tiny needles is used to cut into the skin in fine, short strokes to insert pigment to
								 change its appearance.
(5) "Microneedling," also referred to as
								 collagen induction therapy, means a cosmetic procedure that involves repeatedly puncturing the skin with tiny
								 sterile needles in a single use cartridge. The needle depth of the single use cartridge may be adjusted by
								 the operator and is attached to a power-operated device that moves the needle up and down at a rapid
								 pace.
(6) "Stratum corneum," also referred to as the horny layer
								 of the skin, means the outermost layer of the epidermis, usually made up of 10-30 layers of corneocytes or
								 dead cells.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.02 - Treatments prohibited, infectious and contagious diseases

Current through June 24, 2024
(1) No licensee may treat any disease of
								 the skin unless under the direction of a physician.
(1m) No
								 licensee may diagnose any disease of the skin.
(2) No licensee
								 may provide services to a patron suffering from an infectious or contagious scalp or skin disease unless the
								 licensee takes appropriate precautions and uses safeguards to prevent the spread of the disease to other
								 patrons and to the licensee.
(3) No licensee, having a known
								 infectious or contagious disease, may provide a service to a patron if the licensee is, by reason of the
								 disease, unable to safely and competently perform the service.
(4) No licensee may provide services to a patron if the licensee has a
								 known infectious or contagious disease unless the licensee takes appropriate precautions and uses safeguards
								 which prevent the spread of the disease to patrons.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.025 - Delegated medical procedures

Current through June 24, 2024
(1) Licensees may provide client services constituting medical procedures
								 only as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the
								 implementation of the client services provided in licensed establishments.
(2) Delegated medical procedures include the following:
(a) Laser hair removal services.
(b) Microdermabrasion services, except as specified under sub.
								 (2r).
(c) Chemical exfoliation, except for application of
								 commercially available exfoliation products utilized in accordance with the manufacturers' instructions,
								 limited to the following:
1. Alpha hydroxyl acids of 30% or less, with a ph
								 of not less than 2.0.
2. Salicylic acids of 20% or less, with a
								 ph of not less than 2.0.
(d) Microneedling.
(e) Any treatment impacting a skin layer below the stratum
								 corneum.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.03 - Practice standards

Current through June 24, 2024
(1) Services provided by any licensee shall
			 be performed in a manner that is consistent with basic and accepted practice
			 standards and in accordance with all state statutes, board rules and local
			 codes and ordinances.
(2) Licensees
			 may provide only those services which they are competent to perform by training
			 or experience and are licensed to provide.
(3) Licensees shall provide services to the
			 best of their ability and make reasonable efforts to comply with requests in a
			 manner that is satisfactory to a patron. Licensees shall not provide services
			 to a patron without first obtaining the consent of the patron or legal guardian
			 of the patron.
(4) Licensees may
			 neither consume alcohol nor take controlled substances during practice, unless
			 prescribed by a physician.
(5)
			 Licensees shall take adequate and necessary precautions to protect the patron
			 from health and safety hazards when performing services. Licensees shall not
			 smoke while performing personal services on a patron.
(7) Licensees shall not engage in sexual
			 harassment or sexual assault of a patron, former patron, employee, employer, or
			 co-worker. In this section, "sexual harassment" and "sexual assault" have the
			 meanings defined in ss.
			 111.32(13),
			 940.225(1), (2), (3) and
			 (3m) and
			 948.02(1) and
			 (2), Stats.
Note:
Section
				111.32(13)
				defines sexual harassment as "...unwelcome sexual advances, unwelcome requests
				for sexual favors, unwelcome physical contact of a sexual nature or unwelcome
				verbal or physical conduct of a sexual nature. `Sexual harassment' includes
				conduct directed by a person at another person of the same or opposite gender.
				`Unwelcome verbal or physical conduct of a sexual nature' includes but is not
				limited to the deliberate, repeated making of unsolicited gestures or comments
				of a sexual nature; the deliberate, repeated display of offensive sexually
				graphic materials which is not necessary for business purposes; or deliberate
				verbal or physical conduct of a sexual nature, whether or not repeated, that is
				sufficiently severe to interfere substantially with an employee's work
				performance or to create an intimidating, hostile or offensive work
				environment."
(8) A licensee
			 may not provide the following services unless both the licensee and the
			 establishment are properly licensed by the department of safety and
			 professional services:
(a) Body piercing,
			 except for piercing of ears.
(b)
			 Tattooing, including permanent cosmetics.
(c) Operation of a tanning booth.
Note:
Body piercers, body piercing establishments,
				tattooists and tattoo establishments are regulated by the Department of Safety
				and Professional Services under ch. SPS 221, Wis. Adm. Code. Tanning facilities
				and tanning facility operators are regulated by the Department of Safety and
				Professional Services under ch. SPS 220, Wis. Adm. Code.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.04 - Unauthorized practice

Current through June 24, 2024
(1) Licensees may not assist or participate
			 in the unauthorized or unlicensed practice of cosmetology, aesthetics,
			 electrology or manicuring.
(2)
			 Licensees shall report to the board unauthorized or unlicensed practice or
			 other violations of ch. 454, Stats., and chs.
			 Cos 1 to 10.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.045 - Personal care services for persons in hospitals, nursing homes, and correctional institutions

Current through June 24, 2024
A licensee may provide any personal care services, subject to
				all practice standards set forth in this chapter, to persons who are in
				hospitals, nursing homes, or correctional institutions, regardless of whether
				it is done in a designated area or in the personal room of an inmate, patient,
				or infirm person.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.046 - Personal care services outside of a licensed establishment generally

Current through June 24, 2024
Other than personal care services provided under s.
				Cos
				2.045, an appropriately credentialed licensee may
				provide services outside of a licensed establishment as follows:
(1) Aesthetics, cosmetology, and manicuring
			 services may be provided outside of a licensed establishment if all the
			 following are true:
(a) The licensee owns,
			 manages, is employed by, or affiliated with an establishment that is licensed
			 to provide services under s.
			 454.08(2),
			 Stats.
(b) The licensee brings to
			 the outside service location their active license certificate, or a copy,
			 provided to them under s.
			 454.06(7),
			 Stats.
(c) The licensee complies
			 with all practice standards provided in this chapter when providing personal
			 care services outside of a licensed establishment.
(d) The licensee complies with all sanitation
			 and safety precautions regarding the use of chemical processes provided in ch.
			 Cos 4.
(e) The services provided do
			 not involve the use of a chemical process, with the following exceptions:
1. A licensee practicing aesthetics or
			 cosmetology outside of a licensed establishment may apply cosmetics, oils,
			 lotions, clay, creams, antiseptics, powders, or tonics.
2. A licensee practicing cosmetology outside
			 of a licensed establishment may use cleansing, styling, and finishing products
			 for the purpose of cutting or styling hair.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.05 - Advertising

Current through June 24, 2024
(1). Advertising by licensees shall be
			 truthful and accurate and may not mislead the public.
(2). An establishment shall either post a
			 list of cost of services in a conspicuous place or display a sign which states:
			 "All establishment patrons have the right to be informed of the cost of
			 services before the services are provided."
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.06 - Responsibilities of owners

Current through June 24, 2024
The owner of any licensed establishment shall be responsible
				for compliance with ch. 454, Stats., and chs.
				Cos
				2, 3 and 4. The owner shall:
(2) Provide supplies and equipment necessary
			 to maintain safe and sanitary establishment conditions.
(3) Ensure the provision of supervision and
			 training of apprentices, temporary permit holders and training permit
			 holders.
(4) Maintain and provide
			 appropriate records for apprentices, temporary permit holders, training permit
			 holders, and practitioners, including employment records, to enable apprentices
			 or practitioners to meet the requirements of s.
			 440.63(3)
			 (a) 1 or
			 454.10(2),
			 Stats., for credentialing as a practitioner or instructor. Owners shall
			 maintain these records for a minimum of 5 years.
(5) In the case of an owner of a cosmetology
			 establishment who is not a licensed cosmetologist, employ at least one licensed
			 cosmetologist to act as a full-time manager who shall ensure that the
			 establishment operates in compliance with state statutes and administrative
			 rules.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.07 - Responsibilities of the cosmetology manager

Current through June 24, 2024
(1) The manager of
			 a cosmetology establishment shall be responsible for the daily operations of an
			 establishment and ensure that the establishment is in compliance with ch. 454,
			 Stats., and chs.
			 Cos
			 3 and 4. The cosmetology manager shall maintain
			 supplies and equipment necessary to ensure safe and sanitary establishment
			 conditions.
(1g) A cosmetology
			 manager shall train and supervise any apprentices in accordance with s.
			 Cos
			 6.04(1) and shall supervise any
			 temporary permit holders and training permit holders.
(1r) The cosmetology manager shall, for a
			 minimum of 5 years, maintain and provide appropriate records for apprentices,
			 temporary permit holders, training permit holders, and practitioners, including
			 employment records, to enable apprentices or practitioners to meet the
			 requirements of s.
			 440.63(3)
			 (a) 2 or
			 454.10(2),
			 Stats., for credentialing as a practitioner or instructor.
(2) The cosmetology manager shall post all
			 required licenses, permits and notices.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 2 - Practice And Professional Conduct › Section Cos 2.08 - Responsibilities of licensees

Current through June 24, 2024
Licensees holding current licenses or permits granted under ch.
				454, Stats., shall:
(1). Be
			 responsible for compliance with the sanitation and safety precautions contained
			 in ch. Cos 4.
(2). Be responsible
			 for their own professional practice, conduct and compliance with ch. Cos
			 2.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 3 - Establishments And Inspections › Section Cos 3.02 - Other establishment requirements

Current through June 24, 2024
(1) COSMETOLOGY
			 MANAGER REQUIRED. The owner of a cosmetology establishment shall not operate
			 the establishment unless a cosmetology manager has been employed for the
			 establishment, subject to the exception for temporary unavailability of a
			 cosmetology manager in s.
			 Cos
			 2.06(5). The cosmetology manager
			 shall be responsible for supervising and managing the operation of the
			 establishment. The owner and the cosmetology manager shall ensure that the
			 establishment operates in compliance with ch. 454, Stats., and rules of the
			 board as follows:
(a) The owner of more than
			 one establishment shall employ a sufficient number of cosmetology managers to
			 satisfy the requirement that a cosmetology manager be present full time in each
			 establishment as defined in s.
			 Cos
			 1.01(7).
(b) The owner of a cosmetology establishment
			 may satisfy the requirement in this section by employing a cosmetology manager
			 who also works at an establishment owned by a different person, provided the
			 cosmetology manager works full time as defined in s.
			 Cos
			 1.01(7) at each establishment where
			 he or she is employed as a cosmetology manager.
(c) A cosmetology manager is required to be
			 present in an establishment full time, as defined in s.
			 Cos
			 1.01(7), but if an establishment is
			 open for more than 30 hours per week, the cosmetology manager is not required
			 to be present in the establishment at all times when the establishment is open
			 for business, and the cosmetology manager may be absent for reasonable brief
			 periods during a day.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 3 - Establishments And Inspections › Section Cos 3.04 - Establishment applications

Current through June 24, 2024
(1) Before a person
			 may open a new establishment, or change the ownership of an existing
			 establishment, or relocate and create a new establishment as specified in s.
			 Cos
			 3.06(2), the person shall submit an
			 application to the board on a form specified by the board.
(2) The board shall require identification of
			 the owner, business address, cosmetology manager, type of business, and a copy
			 of the floor plan showing dimensions and required equipment, in addition to
			 other information which may be needed to approve the issuance of a
			 license.
(3) Upon approval of the
			 application and issuance of the license in the establishment, the establishment
			 may open for business.
(4)
			 Falsification of any information on the application may be grounds for denial,
			 suspension or revocation of the establishment license and subject the applicant
			 to penalties as indicated in s.
			 454.16,
			 Stats.
"Lease agreement" in this section includes chair and booth
				  "rental" agreements. To avoid unintended insurance and tax consequences all
				  parties to a lease or rental agreement are advised to consult with appropriate
				  business advisors and government
				  agencies.
Wisconsin Administrative Code › Cosmetology Examining Board › Chapter Cos 3 - Establishments And Inspections › Section Cos 3.05 - Inspections

Current through June 24, 2024
(1) Inspections by field representatives or
			 agents of the board may be conducted to assure compliance with ch. 454, Stats.,
			 and chs.
			 Cos 1 to 10.
(2) Upon notification of violation, licensees
			 shall respond within 5 days either by notifying the board of correction of the
			 violation or presenting a proposed plan of correction for board
			 approval.
(3) Failure to respond to
			 a notice of violation, or to comply with a plan of correction approved by the
			 board, is unprofessional conduct.
"Lease agreement" in this section includes chair and booth
				  "rental" agreements. To avoid unintended insurance and tax consequences all
				  parties to a lease or rental agreement are advised to consult with appropriate
				  business advisors and government
				  agencies.