CSB 4.07 Correction of dispensing data. (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, or the appropriate law enforcement agency for investigation and possible prosecution.
Section 25. CSB 4.08 (2m) is created to read:
CSB 4.08 (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.
Section 26. CSB 4.09 is repealed and recreated to read:
CSB 4.09 Access to monitored prescription drug history reports and PDMP data about a patient.
(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.
(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 subs. (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.
(c) To the pharmacist or practitioner who is directly 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 sub. (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. Section 27. CSB 4.093 is created to read:
CSB 4.093 Monitored prescription drug history reports, and audit trails about healthcare professionals.
(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.
(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 sub. (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.
Section 28. CSB 4.097 is created to read:
CSB 4.097 Deny, suspend, revoke or otherwise restrict or limit access.
(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.
(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).
Section 29. CSB 4.10 (1) (intro) is amended to read:
CSB 4.10 (1) A pharmacist dispenser, healthcare professional, pharmacist delegate, practitioner, or practitioner delegate, or medical coordinator may request that the board review any of the following:
Section 30. CSB 4.10 (1) (a) is repealed.
Section 31. CSB 4.10 (1) (c), (2) (intro) and (a), (3), (6), and (7) is amended to read:
CSB 4.10 (1) (c) The denial, suspension, revocation or other restriction or limitation imposed on the pharmacist’s, healthcare professional’s, pharmacist delegate’s, practitioner’s, or practitioner delegate’s, or medical coordinator’s account pursuant to s. CSB 4.09 (3) 4.09 (5). (2) To request a review, the pharmacist dispenser, health care professional, pharmacist delegate, practitioner, or 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 pharmacist’s dispenser’s, healthcare professional’s, pharmacist delegate’s, practitioner’s, or practitioner delegate’s, or medical coordinator’s name and address, including street address, city, state and ZIP code.
(3) The board shall conduct the review at its next regularly scheduled meeting and notify the pharmacist dispenser, healthcare professional, pharmacist delegate, practitioner, or practitioner delegate, or medical coordinator of the time and place of the review.
(6) The board shall provide the pharmacist dispenser, healthcare professional, pharmacist delegate, practitioner, or 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 pharmacist dispenser, healthcare professional, pharmacist delegate, practitioner, or 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.
Section 32. CSB 4.105 is created to read:
CSB 4.105 Practitioners’ requirement to review monitored prescription drug history reports. (1) Practitioners 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 operation 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, or the appropriate law enforcement agency for investigation and possible prosecution.
Section 33. CSB 4.11 (title), (1) and (2) (intro) and (c), and (5) (intro), (a) and (c), are amended to read:
CSB 4.11 Methods of obtaining PDMP information monitored prescription drug history reports.
