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 CSB 4.10 (1) (a) is repealed.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.
(1) The board shall disclose dispensing data 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 dispensing data 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.
(2) The board shall disclose dispensing data the monitored prescription drug history report about a patient to a person authorized by the patient if the person authorized by the patient does all of the following:
(c) Makes a request for the dispensing data monitored prescription drug history report on a form provided by the board.
(5) The board shall disclose the minimum necessary amount of PDMP information necessary in a monitored prescription drug history report about a patient, patient address, practitioner, or dispenser to designated staff of a federal or state governmental agency in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the designated staff does all of the following: (a) Creates an account with the board on a form provided by the board PDMP system.
(c) Makes a request for the PDMP information monitored prescription drug history report through its PDMP system account with the board.
Section 34. CSB 4.11(5) (d) is created to read:
CSB 4.11 (5) (d) If the PDMP system is unable to fulfill a request from designated staff through their account with the PDMP system, the board may disclose the minimum necessary amount of information necessary to designated staff of a federal or state governmental agency upon written request that cites the agency’s specific authorization to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records. Section 35. CSB 4.11 (6) (intro), (a) and (c), (7) (intro), (a) and (c), (8) (intro), (a) and (c), (9), and (10) are amended to read:
(6) The board shall disclose the minimum necessary amount of PDMP data or information necessary in a monitored prescription drug history report about a patient, patient address, practitioner, or dispenser to designated staff of the department who is charged with investigating dispensers, dispenser delegates, pharmacists, pharmacist delegates, practitioners, and practitioner delegates in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the designated staff does all of the following: (a) Creates an account with the board on a form provided by the board PDMP system.
(c) Makes a request for the PDMP information monitored prescription drug history report through its PDMP system account with the board.
(7) The board shall disclose the minimum necessary amount of dispensing data necessary information in a monitored prescription drug history report about a patient or patient address to a prisoner’s health care provider, the medical staff of a prison or jail in which a prisoner is confined, the receiving institution intake staff at a prison or jail to which a prisoner is being transferred or a person designated by a jailer to maintain prisoner medical records or designated staff of the department of corrections in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the person does all of the following: (a) Creates an account with the board on a form provided by the board PDMP system.
(c) Makes a request for the dispensing data monitored prescription drug history report through its PDMP system account with the board.
(8) The board shall disclose the minimum necessary amount of dispensing data necessary information in a monitored prescription drug history report about a patient to a coroner, deputy coroner, medical examiner, or medical examiner’s assistant following the death of a patient in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the person does all of the following: (a) Creates an account with the board on a form provided by the board PDMP system.
(c) Makes a request for the dispensing data monitored prescription drug history report through its PDMP system account with the board.
(9) The board may disclose de-identified PDMP data without personally identifiable information which does not and cannot that could be reasonably used to identify any patient upon written request patient, healthcare professional, practitioner delegate, pharmacist delegate, or dispenser for public health and research purposes..
(10) The board shall disclose the minimum necessary amount of PDMP information in a monitored prescription drug history report about a patient, patient address, practitioner, or dispenser to designated staff of a law enforcement authority in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records agency or prosecutorial unit if the designated staff does all of the following: (a) Creates an account with the board on a form provided by the board PDMP system.
(b) Provides a lawful order of a court of record under s. 146.82 (2) (a) 4., Stats., or provides evidence satisfactory to the board that documentation demonstrating the law enforcement agency or prosecutorial unit is entitled to the information under s. 146.82 (2) (a) 11., Stats engaged in one of the following activities: 1. An active and specific investigation or prosecution of a violation of any state or federal law involving a monitored prescription drug and that the PDMP data information being requested is reasonably related to that investigation or prosecution.
2. The monitoring of a patient as part of a drug court, as defined in s. 165.955 (1). (c) Makes a request for PDMP information the monitored prescription drug history report through its account with the board PDMP system.
Section 36. CSB 4.11 (10) (c) (note) is repealed.
Section 37. CSB 4.12 (title) and (1) are amended to read:
CSB 4.12 Use of PDMP information data by the board and department.
(1) The board shall develop and maintain a PDMP database to store dispensing data and PDMP information data in a secure environment and an encrypted format.
Section 38. CSB 4.12 (2) is repealed.
Section 39. CSB 4.12 (2m) is created to read:
CSB 4.12 (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.
Section 40. CSB 4.12 (3) is repealed and recreated to read:
CSB 4.12 (3) The board shall maintain audit trails that contain all of the following information:
