Section 961.37. Law enforcement duty.  


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  • (1)  A law enforcement officer shall report as provided in sub. (2) if the law enforcement officer, while acting in an official capacity, does any of the following:
    (a) Encounters a situation in which the law enforcement officer reasonably suspects that a violation of this chapter involving a monitored prescription drug, as defined in s. 961.385 (1) (ag) , is occurring or has occurred.
    (b) Encounters an individual who the law enforcement officer believes is undergoing or has immediately prior experienced an opioid-related drug overdose, as defined in s. 256.40 (1) (d) , or a deceased individual who the law enforcement officer believes died as a result of using a narcotic drug.
    (c) Receives a report of a stolen controlled-substance prescription.
    (2)  A law enforcement officer under sub. (1) shall report to the law enforcement agency that employs him or her all of the following:
    (a) The name and date of birth of all of the following, if applicable:
    1. The individual who is suspected of violating this chapter.
    2. The individual who experienced an opioid-related drug overdose.
    3. The individual who died as a result of using a narcotic drug.
    4. The individual who filed the report of a stolen controlled-substance prescription.
    5. The individual for whom a prescription drug related to an event under subd. 1. , 2. , 3. , or 4. was prescribed.
    (b) The name of the prescribing practitioner, the prescription number, and the name of the drug as it appears on the prescription order or prescription medicine container if a prescription medicine container was in the vicinity of the suspected violation, drug overdose, or death or if a controlled-substance prescription was reported stolen.
    (3)
    (a) The law enforcement agency receiving the report under sub. (2) shall, except as provided under par. (b) , submit notice of the suspected violation of this chapter, the opioid-related drug overdose, the death as a result of using a narcotic drug, or the report of a stolen controlled-substance prescription, and the information reported under sub. (2) to the prescription drug monitoring program.
    (b) If a law enforcement agency determines that submitting any information under par. (a) would interfere with an active criminal investigation, the law enforcement agency may postpone the action until the investigation concludes.