AB672-ASA1,2,126 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
7and negligence in treatment by persons holding a license, certificate or limited
8permit granted by the board. An allegation that a physician has violated s. 253.10
9(3), 448.30, 448.35 (3), or 450.13 (2) or has failed to mail or present a medical
10certification required under s. 69.18 (2) within 21 days after the pronouncement of
11death of the person who is the subject of the required certificate or that a physician
12has failed at least 6 times within a 6-month period to mail or present a medical

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1certificate required under s. 69.18 (2) within 6 days after the pronouncement of death
2of the person who is the subject of the required certificate is an allegation of
3unprofessional conduct. Information contained in reports filed with the board under
4s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall
5be investigated by the board. Information contained in a report filed with the board
6under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of
7negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the
8discretion of the board, be used as the basis of an investigation of a person named in
9the report. The board may require a person holding a license, certificate or limited
10permit to undergo and may consider the results of one or more physical, mental or
11professional competency examinations if the board believes that the results of any
12such examinations may be useful to the board in conducting its investigation.

AB672-ASA1,2,15 14448.35 Attention deficit hyperactivity disorder. (1) Definitions. In this
15section:

AB672-ASA1,2,1616 (a) "Child" means a person under 18 years of age.

AB672-ASA1,2,1717 (b) "Department" means the department of health and family services.

AB672-ASA1,2,1818 (c) "Prescription drug" has the meaning given in s. 450.01 (20).

AB672-ASA1,2,1919 (d) "Prescription order" has the meaning given in s. 450.01 (21).

AB672-ASA1,2,2120 (e) "Schedule II controlled substance" means any substance included under s.
21961.16.

AB672-ASA1,3,2 22(2) Informational materials. (a) The department shall, in consultation with
23the State Medical Society of Wisconsin, determine which Schedule II controlled
24substances are commonly prescribed by physicians in this state to treat attention

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1deficit hyperactivity disorder in children and shall prepare informational materials
2pertaining to each of those substances containing the following information:

AB672-ASA1,3,33 1. A statement that the substance is a Schedule II controlled substance.

AB672-ASA1,3,542. The information included in the labeling of the substance under 21 USC 352
5(f).

AB672-ASA1,3,96 (b) The materials prepared under par. (a) shall be made available to physicians
7and to the public on the department's Internet site. Upon the request of a physician,
8the materials under par. (a) shall be provided to the physician printed on paper that
9is 8.5 inches wide and 11 inches long.

AB672-ASA1,3,1210 (c) The materials under par. (a) shall be made available to physicians and to
11the public no later than the first day of the 6th month beginning after the effective
12date of this paragraph .... [revisor inserts date].

AB672-ASA1,3,1513 (d) The department shall periodically review the materials under par. (a) and
14shall exercise reasonable diligence in providing materials that are accurate and
15current.

AB672-ASA1,3,22 16(3) Requirements for physicians. (a) Except in an emergency and as provided
17under par. (d), a physician who diagnoses a child with attention deficit hyperactivity
18disorder and issues a prescription order for a Schedule II controlled substance for
19treatment of the disorder shall provide a printed copy of the materials pertaining to
20the prescribed substance that have been prepared by the department under sub. (2)
21(a) and that have been printed on paper that is 8.5 inches wide and 11 inches long
22to the persons specified in par. (b).

AB672-ASA1,4,423 (b) A physician required to provide information under this section shall provide
24the information to the parent or guardian of the child if the parent or guardian of the
25child is present when the prescription order is issued. If the child is 14 years of age

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1or older, the physician shall also provide the information to the child. If the child's
2parent or guardian is not present at the time the prescription order is issued, the
3physician shall provide the information to an adult who is with the child at the time
4the prescription order is issued, if any.

AB672-ASA1,4,75 (c) A physician shall obtain from the parent or guardian of the child, or the adult
6to whom the information is provided, if any, certification in writing that the physician
7has provided the information required under this section.

AB672-ASA1,4,148 (d) A physician who treats a child for attention deficit hyperactivity disorder
9on a long-term basis with the same prescription drug shall provide the information
10and obtain the certification required under this section when issuing the initial
11prescription order for that prescription drug and at least once every 2 years
12thereafter. A physician is not required to provide the information described under
13sub. (2) if the physician reasonably believes that another physician has issued a
14prescription order for the child for the same prescription drug within the past year.

AB672-ASA1,4,19 15(4) Exemption. It is not unprofessional conduct under s. 448.02 (3) (a) for a
16physician to fail to provide the materials required under this section if the physician
17made a reasonably diligent effort to obtain the materials from the department and
18the department did not make the materials available at the time that the physician
19was required to provide them.