DAK:jld:jf
2003 - 2004 LEGISLATURE
October 8, 2003 - Introduced by Senators Kanavas and Darling, cosponsored by
Representatives Vukmir, Underheim, Wasserman, Gielow, Schneider, Hahn,
Van Roy, M. Lehman, Owens, Powers, Ainsworth, Huebsch, D. Meyer,
Gundrum, Ward, Balow, Suder, Montgomery, Gottlieb, Nass, Cullen,
Gronemus, Hundertmark, Petrowski, Pettis, Stone, Hines, Friske, Towns,
Ladwig, Bies, Townsend, Albers and Gunderson. Referred to Committee on
Health, Children, Families, Aging and Long Term Care.
SB276,1,3
1An Act to create 146.87 of the statutes;
relating to: use of federal registration
2numbers required for prescribers of controlled substances and providing a
3penalty.
Analysis by the Legislative Reference Bureau
Federal law requires certain people and entities that manufacture, distribute,
prescribe, dispense, or administer controlled substance to register with the federal
Drug Enforcement Administration (DEA) and obtain a DEA number. Controlled
substances include opiates, hallucinogenic substances, depressants, stimulants, and
narcotics. Under federal law, a person who prescribes a controlled substance must
include his or her DEA number on the prescription. Federal law prohibits a
pharmacist from dispensing a controlled substance if the prescriber's DEA number
is not included on the prescription for the controlled substance.
Also under federal law, the U.S. Health Insurance Portability and
Accountability Act, commonly known as "HIPAA," requires the U.S. Department of
Health and Human Services to adopt a unique identifier that health care providers
will be required to use.
This bill prohibits any person from requiring that a person authorized to
prescribe drugs (practitioner) include his or her DEA number on a prescription for
a drug or device that is not a controlled substance. The bill further prohibits any
person from disclosing a practitioner's DEA number without the practitioner's
consent for any purpose other than complying with or enforcing federal or state law
related to controlled substances. Finally, the bill prohibits any person from using a
practitioner's DEA number without the practitioner's consent to identify or monitor
the practitioner's prescribing practices for purposes other than complying with or
enforcing federal or state law related to controlled substances. Under the bill, these
prohibitions are effective 12 months after the effective date of a U.S. Department of
Health and Human Services HIPAA regulation that requires use of unique
identifiers for health care providers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB276, s. 1
1Section
1. 146.87 of the statutes is created to read:
SB276,2,3
2146.87 Federal registration numbers for prescribers of controlled
3substances. (1) In this section:
SB276,2,44
(a) "Controlled substance" has the meaning given in s. 961.01 (4).
SB276,2,65
(b) "Federal registration number" means the registration number required
6under
21 USC 822 for practitioners who prescribe controlled substances.
SB276,2,77
(c) "Health care provider" has the meaning given in
42 USC 1320d (3).
SB276,2,88
(d) "Practitioner" has the meaning given in s. 450.01 (17).
SB276,2,99
(e) "Prescription order" has the meaning given in s. 450.01 (21).
SB276,2,13
10(2) Beginning on the first day of the 12th month beginning after the effective
11date of a U.S. Department of Health and Human Services regulation under
42 USC
121320d-2 (b) that requires use of a unique identifier for health care providers, no
13person may do any of the following:
SB276,2,1514
(a) Require that a practitioner include his or her federal registration number
15on a prescription order for a drug or device that is not a controlled substance.
SB276,2,1816
(b) Disclose a practitioner's federal registration number without the
17practitioner's consent for any purpose other than complying with or enforcing federal
18or state law related to controlled substances.
SB276,3,3
1(c) Use a federal registration number to identify or monitor the prescribing
2practices of a practitioner, except for the purpose of complying with or enforcing
3federal or state law related to controlled substances.
SB276,3,5
4(3) A person who violates this section may be required to forfeit not more than
5$10,000 for each violation.
