2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Representatives Nygren, Tauchen, Spiros,
Petersen, T. Larson, Quinn, Rohrkaste, Czaja, Petryk, Sanfelippo, Katsma,
Knodl, A. Ott, Kitchens, Novak, Kremer, Edming, Duchow, Tranel, Kahl,
Billings, Kolste, Goyke, Ohnstad, Considine and Hintz, cosponsored by
Senators Darling, Harsdorf, Marklein, Olsen and Carpenter. Referred to
Committee on Health.
AB766,1,2 1An Act to create 961.385 (5) and 961.385 (6) of the statutes; relating to: review
2and reporting requirements for the Prescription Drug Monitoring Program.
Analysis by the Legislative Reference Bureau
This bill creates program review and reporting requirements for the
Prescription Drug Monitoring Program (PDMP) administered by the Controlled
Substances Board. Beginning in 2017, the bill requires the board to conduct an
annual review of the PDMP to evaluate the actual program outcomes compared with
projected outcomes. That review must include an evaluation of the satisfaction with
the PDMP of pharmacists, pharmacies, practitioners, and other users of the PDMP
and the PDMP's impact on referrals of pharmacists, pharmacies, and practitioners
to relevant boards for discipline and to law enforcement agencies for investigation
and prosecution. The bill requires the board to report the results of its annual
program review to the Department of Safety and Professional Services. The bill
sunsets the program review requirement after the program review is conducted in
2020.
Also beginning in 2017, the bill requires the board to submit a report to DSPS
on an annual basis that includes all of the following:
1. An assessment of the trends and changes in the use of monitored prescription
drugs in Wisconsin.
2. The number of practitioners, by profession, and pharmacies submitting
records to the board under the PDMP.
3. A description of the number, frequency, and nature of certain submissions
of information to the PDMP by law enforcement agencies, including notices of

suspected violations of controlled substances laws, opioid-related drug overdoses,
deaths as a result of using a narcotics, and reports of stolen controlled-substance
prescriptions. This reporting requirement becomes effective only if 2015 Assembly
Bill 365 becomes law.
4. A description of the number, frequency, and nature of requests for disclosure
of records generated under the PDMP.
5. The number of individuals receiving prescription orders from five or more
practitioners or having monitored prescription drugs dispensed by five or more
pharmacies within the same 90-day period.
6. The number of individuals receiving daily morphine milligram equivalents
of one to 19 milligrams, 20 to 49 milligrams, 50 to 99 milligrams, and 100 or more
milligrams.
7. The number of individuals to whom both opioids and benzodiazepines were
dispensed within the same 90-day period.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB766,1 1Section 1. 961.385 (5) of the statutes is created to read:
AB766,2,52 961.385 (5) (a) Beginning in 2017, no later than October 1 of each year, the
3board shall conduct a review of the program under this section to evaluate the actual
4outcomes of the program compared with projected outcomes, as determined by the
5board. The board's review shall include an evaluation of all of the following:
AB766,2,76 1. The satisfaction with the program of pharmacists, pharmacies,
7practitioners, and other users of the program.
AB766,2,108 2. The program's impact on referrals of pharmacists, pharmacies, and
9practitioners to licensing or regulatory boards for discipline and to law enforcement
10agencies for investigation and possible prosecution.
AB766,2,1111 (b) This subsection does not apply after October 1, 2020.
AB766,2 12Section 2. 961.385 (6) of the statutes is created to read:
AB766,3,3
1961.385 (6) Beginning in 2017, no later than November 1 of each year, the board
2shall provide a report to the department of safety and professional services for the
3previous fiscal year that includes all of the following:
AB766,3,54 (a) The results of the board's review under sub. (5). This paragraph does not
5apply after November 1, 2020.
AB766,3,76 (b) An assessment of the trends and changes in the use of monitored
7prescription drugs in this state.
AB766,3,98 (c) The number of practitioners, by profession, and pharmacies submitting
9records to the board under the program.
AB766,3,1110 (d) A description of the number, frequency, and nature of submissions by law
11enforcement agencies under s. 961.37 (3) (a).
AB766,3,1312 (e) A description of the number, frequency, and nature of requests for disclosure
13of records generated under the program.
AB766,3,1614 (f) The number of individuals receiving prescription orders from 5 or more
15practitioners or having monitored prescription drugs dispensed by 5 or more
16pharmacies within the same 90-day period.
AB766,3,1917 (g) The number of individuals receiving daily morphine milligram equivalents
18of 1 to 19 milligrams, 20 to 49 milligrams, 50 to 99 milligrams, and 100 or more
19milligrams.
AB766,3,2120 (h) The number of individuals to whom both opioids and benzodiazepines were
21dispensed within the same 90-day period.
AB766,3 22Section 3. Nonstatutory provisions.
AB766,4,223 (1) Reconciliation provision. The treatment of 961.385 (6) (d) of the statutes
24by this act takes effect only if the treatment of section 961.37 (3) (a) of the statutes
25takes effect as shown in 2015 Wisconsin Act .... (Assembly Bill 365). If 2015

1Wisconsin Act .... (Assembly Bill 365) does not become law, the treatment of section
2961.385 (6) (d) of the statutes by this act is void.
AB766,4,33 (End)
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