CSB 4.12 (3) The board shall maintain audit trails that contain all of the following information:
(a) A log of dispensing data submitted to the PDMP database by each dispenser.
(b) A log of persons to whom the Board has granted direct access to the PDMP system under s. CSB 4.093 (4) (a) and a log of each time a person attempts to access PDMP data or a monitored prescription drug history report. (c) A log of prescription monitoring programs operated by a relevant agency in another jurisdiction with which the board exchanges PDMP data pursuant to s. CSB 4.14 and a log of each time a person from another jurisdiction attempts to access PDMP data. (d) A log of pharmacies or other entities 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 and a log of each time a person from a pharmacy or other entity attempts to access PDMP data or a monitored prescription drug history report.
(e) A log of hospitals or other entities 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 and a log of each time a person from a hospital or other entity attempts to access PDMP data or a monitored prescription drug history report.
(f) A log of monitored prescription drug history reports and PDMP data disclosed pursuant to s. CSB 4.11, including the name of the person to whom the information was disclosed. (g) A log of requests for PDMP data or monitored prescription drug history reports even when no information was disclosed.
Section 41. CSB 4.12 (4), (4g), (4r), and (5) are repealed.
Section 42. CSB 4.12 (6) (intro) and (a) are amended to read:
CSB 4.12(6) Board and department staff Staff assigned administrative duties over the PDMP, vendors, contractors, and other agents of the board shall only have access to the minimum amount of PDMP information data necessary for all of the following purposes:
(a) The design, implementation, operation, and maintenance of the program, including the PDMP database, PDMP system, the disclosure of information via other entities pursuant to s. CSB 4.09 (4), and the exchange of information pursuant to s. CSB 4.15 as part of the assigned duties and responsibilities of their employment. Section 43. CSB 4.12 (6) (am) is created to read:
CSB 4.12 (6)(am) The operation of an analytics platform that provides data cleansing and standardization, data integration, advanced analytics, and alert management capabilities as part of the PDMP database and PDMP system.
Section 44. CSB 4.12 (6) (c) is amended to read:
CSB 4.12 (6) (c) Evaluating and responding to legitimate requests for PDMP information monitored prescription drug history reports, audit trails, and PDMP data.
Section 45. CSB 4.12 (6) (cg) and (cr) are created to read:
CSB 4.12 (6) (cg) Preparing monitored prescription drug history reports, audit trails, and PDMP data for the board to determine whether suspicious or critically dangerous conduct or practices has occurred or is occurring pursuant to s. CSB 4.15. (cr) Conducting a review of the program as required by s. 961.385 (5), Stats. Section 46. CSB 4.13 is amended to read:
CSB 4.13 Confidentiality of PDMP information records. (1) The dispensing data, PDMP information data, audit trails, monitored prescription drug history reports, and prescribing metrics reports maintained, by the board, department or a vendor contracting with the department which is submitted to, maintained created, or stored as a part of the program is are not subject to inspection or copying under s. 19.35, Stats. (2) A person who discloses or a person whose delegate discloses dispensing data, PDMP information data, audit trails, monitored prescription drug history reports, or prescribing metrics reports 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, may be subject to disciplinary action by referred to the appropriate licensing or regulatory board that issued the license under which the person is authorized to prescribe or dispense monitored prescription drugs and all appropriate civil and criminal penalties for discipline, or the appropriate law enforcement agency for investigation and possible prosecution. Section 47. CSB 4.14 (title) and (1) (intro) are amended to read:
CSB 4.14 Exchange of PDMP information data. (1) The board may exchange monitored prescription drug history reports and PDMP information data with a prescription monitoring program operated by a relevant agency in another state or jurisdiction if the prescription monitoring program satisfies all of the following conditions:
Section 48. CSB 4.15 (1) and (5) (intro) are amended to read:
CSB 4.15 (1) The board may review dispensing data, monitored prescription drug history reports, PDMP information data, and data compiled pursuant to s. CSB 4.12 to determine whether circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacist, pharmacy, practitioner, or patient. (5) Upon determining that circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacy, practitioner, or patient, the Board may disclose PDMP information monitored prescription drug history reports, audit trails, and PDMP data to any of the following:
Section 49. EFFECTIVE DATE. The rules adopted in this order shall take effect on April 1, 2017 and remain in effect until January 1, 2018, or the date on which permanent rules take effect, whichever is sooner.
(END OF TEXT OF RULE)
Dated __March 23, 2017__ Agency 
Douglas Englebert,Chair Controlled Substances Board
