(7) A pharmacist may not use any electronic device to circumvent his or her responsibilities with regard to documenting, authenticating and verifying prescription orders or in order to circumvent other pharmacy laws.
Note: Prescription orders for schedule II controlled substances may not be transmitted electronically except as emergency orders, subject to the same requirements for oral emergency orders for schedule II controlled substances. See s. 961.38 (1r) and (2), Stats., and s. Phar 8.09.
SECTION 3. Phar 8.06 (2) (intro.) and (2) (a) (intro.) are amended to read:
Phar 8.06 (2) The prescribing practitioner may authorize renewals of schedule III or IV controlled substances on the original prescription order or through a verbal an electronic or oral renewal authorization transmitted to the pharmacist. The following conditions must be met:
(a) The pharmacist obtaining the verbal electronic or oral authorization shall note on the prescription order, medication profile record or readily retrievable and uniformly maintained document the following information:
SECTION 4. Phar 8.07 (2) is amended to read:
Phar 8.07 (2) The partial dispensing of a prescription containing a controlled substance listed in schedule II is permissible, if the pharmacist is unable to supply the full quantity called for in a written or emergency verbal electronic or oral prescription order, and the pharmacist makes a notation of the quantity supplied on the face of the written prescription order or written record of the emergency verbal electronic or oral prescription order. The remaining portion of the prescription may be dispensed within 72 hours of the first partial dispensing. If the remaining portion is not dispensed within the 72 hour period, the pharmacist shall so notify the prescribing individual practitioner. No further quantity may be supplied beyond the 72 hours without a new prescription order.
SECTION 5. Phar 8.09 (1) (intro.), (2) (intro.), (3) and (4) are amended to read:
Phar 8.09 (1) For the purpose of authorizing an electronic or oral prescription order for a schedule II controlled substance, the term “emergency” means those situations in which the prescribing practitioner determines that:
(2) In an emergency a pharmacist may dispense a controlled substance listed in schedule II upon receiving electronic or oral authorization of a practitioner if:
(3) If the practitioner is not known to the pharmacist, the pharmacist shall make a reasonable effort to determine that the electronic or oral authorization came from an authorized practitioner, which may include a call back to the prescribing practitioner using the practitioner's phone number as listed in the telephone directory and other good faith efforts to insure the practitioner's identity.
(4) Within 72 hours 7 days after authorizing an emergency electronic or oral prescription order, the practitioner shall cause a written order for the emergency quantity prescribed to be delivered to the dispensing pharmacist. In addition to conforming to the requirements of s. Phar 8.05, the order shall contain on its face “authorization for emergency dispensing” and the date of the electronic or oral order. The written order may be delivered to the pharmacist in person or by mail, but if delivered by mail it shall be postmarked within the 72 hour 7 day period. Upon receipt, the dispensing pharmacist shall attach this prescription order to the electronic or oral emergency order reduced to writing under sub. (2) (b). The pharmacist shall notify the board or department of regulation and licensing if the practitioner fails to deliver the written order. Failure of the pharmacist to provide notification shall void the authority conferred by this section to dispense without a written order of a practitioner.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation and Licensing
1400 E. Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Comm 87 - Relating to the private onsite wastewater treatment (sewage) system replacement or rehabilitation grant program (Wisconsin Fund).
Ch. Comm 119 - Relating to the mining economic development grants and loans program.
Ch. Comm 106 - Relating to the Wisconsin development fund.
Ch. Comm 116 - Relating to the rural economic development program.
Ch. Comm 114 - Relating to the minority business finance program.
Funeral Directors Examining Board
(CR 98-57):
Chs. FD 1 to 5 - Relating to the practice of funeral directors.
S. Ins 2.30 - Relating to adopting additional annuity mortality tables.
SS. NR 518.02, 718.03, 718.09, 718.11 and 718.13 - Relating to the remediation of soil contamination through landspreading.
S. NR 485.04 - Relating to emission limitations for motor vehicles.
S. NR 5.21 (3) - Relating to the slow-no-wake speed restriction on Tombeau Lake, Walworth County.
SS. NR 21.02, 21.04, 21.10, 21.11 and 21.12 - Relating to commercial fishing in the Wisconsin-Minnesota boundary waters.
S. NR 45.12 and ch. NR 8 - Relating to implementation of the automated license issuance system.
SS. NR 46.02, 46.15, 46.16 and 46.30 - Relating to the administration of the forest crop law and the managed forest law.
Ch. NR 300 - Relating to fees for waterway and wetland permit decisions.
SS. PSC 160.05, 160.11 & 160.17 and ch. PSC 161 - Relating to establishing an educational telecommunications access program (Per TEACH WI).
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order creating chs. AB 1 to 4, relating to the criteria and procedures under which the Wisconsin Arts Board administers the funds available for grants to individual artists and arts organizations and administers the program of arts in public buildings.
Effective 09-01-98.
An order affecting chs. Comm 51 and ILHR 66 and ss. ILHR 53.63 and 57.01, relating to the design and construction of commercial buildings and uniform multifamily dwellings.
Effective 09-01-98.
An order affecting ss. HSS 138.01, 138.03, 138.04 and 138.05, relating to subsidized health insurance premiums for people with human immunodeficiency virus (HIV) infection.
Effective 09-01-98.
An order creating s. Ins 3.70, relating to aggregating creditable coverage for the state Health Insurance Risk-Sharing Plan (HIRSP), pursuant to s. 149.10 (2t) (a), Stats.
Effective 09-01-98.
An order affecting ss. Ins 17.01, 17.28 and 17.35, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1998, to limit fund fee refund requests to the current and immediate prior year only, and to establish standards for the application of the aggregate underlying liability limits upon the termination of a claims-made policy.
Effective 09-01-98.
The following administrative rule orders have been adopted and published in the July 31, 1998 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
