CR 24-033 Rule Text

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A

Comparison with rules in adjacent states:

Illinois: The Illinois Prescription Monitoring Program allows patients access to their personal prescription history based on a validation process established by administrative rules [720 Illinois Compiled Statutes Chapter 570 Section 318 (m)]. The administrative rules governing patient access to their prescription history require that the patient, parent, or guardian complete a notarized request for a personal information report of a patient’s prescription history, and submit it by mail to the Illinois Prescription Monitoring Program [Illinois Administrative Coder Title 77 Chapter X Subchapter e Part 2050 Section 2080.190 (a)].

Iowa: The Iowa Prescription Monitoring Program allows patients or a patient’s agent to request that individual patient’s own prescription history report by submitting a request form. Request forms may be submitted in-person with a government issued photo identification or via mail if the request form is notarized and sent with a certified copy of the patient’s government issued identification. A patient’s agent may sign the request form in lieu of the patient if a copy the legal document establishing the agency relationship is provided. The patient’s agent must also present a government issued identification for in-person requests or a certified copy of a government issued identification for mailed requests. [657 Iowa Administrative Code Chapter 37 Section 37.16 (7)].

Michigan: The administrative rules that govern the Michigan Automated Prescription System, the states electronic system for monitoring schedule II to V controlled substances, does not specify whether a report of a patient’s prescription history can be disclosed, nor how a report may be obtained by a patient. [Michigan Administrative Rules R 338.3162b].

Minnesota: The Minnesota Prescription Monitoring Program allows a patient who has been prescribed a controlled substance to access the program’s database to obtain information on users who have access to that patient’s data records. A patient may submit a request for this information on a notarized form from the Minnesota State Board of Pharmacy’s website.[Minnesota Statutes Chapter 152 Section 152.126 Subdivision 11].

Summary of factual data and analytical methodologies: The Board reviewed Wisconsin Administrative Code Chapter CSB 4 and made updates as needed.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before the public hearing, held on May 10, 2024, to be included in the record of rule-making proceedings.

TEXT OF RULE

Section 1. CSB 4.11 (2) (a) and (c) are amended to read:

CSB 4.11 (2) (a) Appears in person at the department with two forms of valid proof of identity, one of which is a valid government-issued photographic identification or mails to the department copies of two forms of valid proof of identity, one of which is a valid government-issued photographic identification.

(c) Makes a request for the monitored prescription drug history report on a form provided by the board. If the request is mailed, the form shall be notarized.

Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

(END OF TEXT OF RULE)