Prescription Drug Monitoring Program

Wisconsin Act 268 and Wis Stat. §961.37, which became effective on March 18, 2016, creates a duty for law enforcement agencies to submit information to the Wisconsin Prescription Drug Monitoring Program (PDMP) in four specific situations.

Policy: Prescription Drug Monitoring Program

Author: Chief Joseph M. Hallman

WILEAG Standard: 6.3.11

Issue Date: June 16, 2021

Reviewed Date: March 30, 2026

Revised Date: March 30, 2026

 

Purpose:

Wisconsin Act 268 and Wis Stat. §961.37, which became effective on March 18, 2016, creates a duty for law enforcement agencies to submit information to the Wisconsin Prescription Drug Monitoring Program (PDMP) in four specific situations. The situations described in the law are: (6.3.11)

1. When a law enforcement officer reasonably suspects that a violation of the Controlled Substances Act involving a prescribed drug is occurring or has occurred. (6.3.11)
   1. For the purposes of this policy this includes all Schedule 2,3,4, and 5 controlled substances.
   2. For the purposes of this Policy the term “reasonably suspects” will include information contained in an open investigative case file and will generally not include information which is only contained in an intelligence file.
2. When a law enforcement officer believes someone is undergoing or has immediately prior experienced an opioid-related drug overdose. (6.3.11)
   1. For the purposes of this policy this includes both prescription and nonprescription opioid controlled substances.
3. When a law enforcement officer believes someone died as a result of using a narcotic drug. (6.3.11)
   1. For the purposes of this Policy “narcotic drug” refers to all prescription and non-prescription opium drugs.
4. When a law enforcement officer receives a report of a stolen controlled substance prescription. (6.3.11)
   1. For the purposes of this Policy this includes all Schedule 2,3,4, and 5 controlled substances.
   2. PDMP reporting process shall be completed by law enforcement officers

Policy:

When any of the above situations occur, the law enforcement agency is required to submit to the PDMP the applicable data from the list below:

1. The name and date of birth of the individual who is suspected of violating the Controlled Substances Act.
2. The name and date of birth of the individual who experienced an opioid-related drug overdose.
3. The name and date of birth of the individual who filed the report of a stolen controlled-substance prescription.
4. The name and date of birth of the individual for whom the prescription drug involved in the suspected violation, drug overdose, or death was prescribed.
5. If a prescription medicine container or prescription order was in the vicinity of the suspected violation, drug overdose, or death or if a controlled-substance prescription was reported stolen, the following:
   1. The name of the prescriber
   2. The prescription number
   3. The name of the drug as it appears on the prescription order or prescription medicine container.

Definitions:

N/A

Procedures:

1. Officer Responsibilities
   1. Officers will complete a thorough investigation and written incident report to address all of the information above and will advise via email the incident number to the Police Chief and/or designee as soon as possible.
   2. Appendix A is a snippet provided by the Wisconsin ePDMP and is a guide to the law enforcement response to this policy.
2. Supervisor Responsibilities
   1. In order to meet the reporting requirements, the PDMP has developed a reporting form. The form is attached to this Policy and can also be located on Wilenet.
   2. When it is determined that one of the four situations applies the Supervisor shall complete the PDMP reporting form and forward the form to the PDMP. If the incident results in opening a formal report the form will be filed with the report. If a formal report is not opened the form will be filed with Administrative Assistant.
   3. Supervisors must create an account using the below link https://pdmp.wi.gov/ (6.3.11)
   4. A complete copy of the User Guide for Law Enforcement found here: https://pdmp.wi.gov/training-materials.