CSB 4.10(4)(4)No discovery is permitted.
CSB 4.10(5)(5)The board shall preside over the review. The review shall be recorded by audio tape unless otherwise specified by the board.
CSB 4.10(6)(6)The board shall provide the dispenser, healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator with an opportunity to submit written documentation, make a personal appearance before the board and present a statement. The board may establish a time limit for making a presentation. Unless otherwise determined by the board, the time for making a personal appearance shall be 20 minutes.
CSB 4.10(7)(7)If the dispenser, healthcare professional, pharmacist delegate, practitioner delegate, or medical coordinator fails to appear for a review, or withdraws the request for a review, the board may note the failure to appear in the minutes and affirm its original decision without further action.
CSB 4.10 HistoryHistory: CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2014 No. 698; CR 14-003: am. (1) (intro.), (2) (intro.), (b), (3), (6), (7) Register August 2014 No. 704, eff. 9-1-14; correction in (1) (a) to (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; CR 15-101: am. (1) (c), (2) (a) Register June 2016 No. 726, eff. 7-1-16; s. 35.17 correction in (1) (c), Register June 2016 No. 726; EmR1706: emerg. am. (1) (intro.), r. (1) (a), am. (1) (c), (2) (intro.), (a), (3), (6), (7), eff. 4-1-17; CR 17-028: am. (1) (intro.), r. (1) (a), am. (1) (c), (2) (intro.), (a), (3), (6), (7) Register December 2017 No. 744, eff. 1-1-18; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., December 2017 No. 744.
CSB 4.105CSB 4.105Practitioners’ requirement to review monitored prescription drug history reports.
CSB 4.105(1)(1) A practitioner, or a practitioner delegate assisting the practitioner in accordance with the standards of practice for the practitioner’s profession, shall review the monitored prescription drug history report about a patient before the practitioner issues a prescription order for the patient unless any of the following conditions are met:
CSB 4.105(1)(a)(a) The patient is receiving hospice care, as defined in s. 50.94 (1) (a).
CSB 4.105(1)(b)(b) The prescription order is for a number of doses that is intended to last the patient 3 days or less and is not subject to refill.
CSB 4.105(1)(c)(c) The monitored prescription drug is lawfully administered to the patient.
CSB 4.105(1)(d)(d) The practitioner is unable to review the patient’s monitored prescription drug history reports before issuing a prescription order for the patient due to an emergency.
CSB 4.105(1)(e)(e) The practitioner is unable to review the patient’s records under their program because the PDMP system is not operational or due to other technological failure that the practitioner reports to the board.
CSB 4.105(2)(2)Reviews of reports or other information not provided by the board as part of the program that summarize or analyze PDMP data do not satisfy the requirement to review a monitored prescription drug history report under sub. (1).
CSB 4.105(3)(3)The board may refer a practitioner that fails to review a monitored prescription drug history report about a patient prior to issuing a prescription order for that patient to the appropriate licensing or regulatory board for discipline.
CSB 4.105 HistoryHistory: EmR1706: emerg. cr., eff. 4-1-17; CR 17-028: cr. Register December 2017 No. 744, eff. 1-1-18.
CSB 4.11CSB 4.11Methods of obtaining monitored prescription drug history reports.
CSB 4.11(1)(1)The board shall disclose the monitored prescription drug history report about a patient to the patient if he or she does all of the following:
CSB 4.11(1)(a)(a) Appears in person at the department with two forms of valid proof of identity, one of which is valid government-issued photographic identification or mails to the department copies of two forms of valid proof of identity, one of which is valid government-issued photographic identification.
CSB 4.11(1)(b)(b) Makes a request for the monitored prescription drug history reports about the patient on a form provided by the board. If the request is mailed, the form shall be notarized.
CSB 4.11(2)(2)The board shall disclose the monitored prescription drug history report about a patient to a person authorized by the patient if the person authorized by the patient does all of the following:
CSB 4.11(2)(a)(a) Appears in person at the department with two forms of valid proof of identity, one of which is valid government-issued photographic identification.
CSB 4.11(2)(b)(b) Provides proof sufficient to the board of the authorization or delegation from the patient.
CSB 4.11(2)(c)(c) Makes a request for the monitored prescription drug history report on a form provided by the board.
CSB 4.11(5)(5)The board shall disclose the minimum necessary amount of information in a monitored prescription drug history report about a patient, patient address, practitioner, or dispenser to designated staff of a federal or state governmental agency in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the designated staff does all of the following:
CSB 4.11(5)(a)(a) Creates an account with the PDMP system.
CSB 4.11(5)(b)(b) Provides proof sufficient to the board that the federal or state governmental agency is entitled to the information under s. 146.82 (2) (a) 5., Stats.
CSB 4.11(5)(c)(c) Makes a request for the monitored prescription drug history report through its PDMP system account.
CSB 4.11(5)(d)(d) If the PDMP system is unable to fulfill a request from designated staff through their account with the PDMP system, the board may disclose the minimum necessary amount of information necessary to designated staff of a federal or state governmental agency upon written request that cites the agency’s specific authorization to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records.
CSB 4.11(6)(6)The board shall disclose the minimum necessary amount of PDMP data or information in a monitored prescription drug history report about a patient, patient address, practitioner, or dispenser to designated staff of the department who is charged with investigating dispensers, dispenser delegates, pharmacists, pharmacist delegates, practitioners, and practitioner delegates in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385, Stats., this chapter, and other state or federal laws and regulations relating to the privacy of patient health care records if the designated staff does all of the following: