This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-3172/2
MPG:ahe
2015 - 2016 LEGISLATURE
September 29, 2015 - Introduced by Senators Harsdorf, Gudex, Cowles,
Marklein, Olsen, Petrowski, Hansen and Darling, cosponsored by
Representatives Nygren, Petryk, Novak, Tauchen, Swearingen, Spiros,
Jagler, A. Ott, Ripp, Kolste, Kerkman, Schraa, Ohnstad, Horlacher,
Sinicki, Murtha, Edming, Loudenbeck, VanderMeer, Genrich, Meyers,
Allen, Barca, Petersen, Kuglitsch, Knodl, Mursau, Macco, Sanfelippo,
Born, Skowronski, J. Ott and Subeck. Referred to Committee on Health and
Human Services.
SB268,1,8 1An Act to renumber and amend 961.385 (1) (a); to amend 961.385 (1) (aj),
2961.385 (2) (a) (intro.), 961.385 (2) (c), 961.385 (2) (h) and 961.385 (3) (b); and
3to create 961.385 (1) (a) 1. to 3., 961.385 (1) (ab), 961.385 (1) (ad), 961.385 (1)
4(ae), 961.385 (1) (af), 961.385 (2) (cm) 1., 961.385 (2) (cm) 2., 961.385 (2) (cm) 3.
5a. and b., 961.385 (2) (cm) 4. and 961.385 (2) (cs) of the statutes; relating to:
6reporting, disclosure, and practitioner review requirements under the
7prescription drug monitoring program; providing an exemption from
8emergency rule procedures; and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the Prescription Drug Monitoring
Program (PDMP) administered by the Controlled Substances Board (board).
Under the bill, a pharmacy or practitioner generating a record under the PDMP
when a monitored prescription drug is dispensed is required to submit the record to
the board no later than 11:59 p.m. of the next business day after the monitored
prescription drug is dispensed. Currently, there is no specific time frame required
for the submission to the board of a record generated under the PDMP.
Under current law, the rules promulgated by the board implementing the
PDMP must specify the persons to whom a record may be disclosed and the

circumstances under which the disclosure may occur, including disclosure to
relevant state boards and agencies, relevant agencies of other states, and relevant
law enforcement agencies under circumstances indicating suspicious or critically
dangerous conduct or practices of a pharmacy, pharmacist, practitioner, or patient.
The bill adds disclosure to relevant prosecutorial units, and the bill specifies that
disclosure of a record generated under the PDMP is authorized under the following
additional circumstances:
1. The state board or agency, agency of another state, law enforcement agency,
or prosecutorial unit makes a written request for the record and is engaged in an
active and specific investigation or prosecution of a violation of any state or federal
law involving a monitored prescription drug, and the record being requested is
reasonably related to that investigation or prosecution.
2. The state board or agency, agency of another state, law enforcement agency,
or prosecutorial unit makes a written request for the record and is monitoring the
patient as part of a drug court.
The bill further permits disclosure to a practitioner, pharmacist, registered
nurse, or substance abuse counselor who is treating or rendering assistance to the
patient for whom the record was generated and under other specific circumstances.
Finally, the bill authorizes disclosure of a record generated under the PDMP to
a person who medically coordinates, directs, or supervises, or establishes standard
operating procedures for, a practitioner, pharmacist, registered nurse, or substance
abuse counselor to whom records may otherwise be disclosed, if the person is
evaluating the job performance of the practitioner, pharmacist, registered nurse, or
substance abuse counselor, or is performing quality assessment and improvement
activities, including outcomes evaluation or development of clinical guidelines, and
if the disclosure is limited to only those records about the practitioner, pharmacist,
registered nurse, or substance abuse counselor.
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:
SB268,1 1Section 1. 961.385 (1) (a) of the statutes, as created by 2015 Wisconsin Act 55,
2is renumbered 961.385 (1) (a) (intro.) and amended to read:
SB268,2,53 961.385 (1) (a) (intro.) "Administer" has the meaning given in s. 450.01 (1).
4means the direct application of a monitored prescription drug, whether by injection,
5ingestion, or any other means, to the body of a patient by any of the following:
SB268,2 6Section 2. 961.385 (1) (a) 1. to 3. of the statutes are created to read:
SB268,3,1
1961.385 (1) (a) 1. A practitioner or his or her agent.
SB268,3,22 2. A patient at the direction of a practitioner.
SB268,3,33 3. A pharmacist.
SB268,3 4Section 3. 961.385 (1) (ab) of the statutes is created to read:
SB268,3,65 961.385 (1) (ab) "Agent" means an authorized person who acts on behalf of or
6at the direction of another person.
SB268,4 7Section 4. 961.385 (1) (ad) of the statutes is created to read:
SB268,3,98 961.385 (1) (ad) "Business day" means any day on which the offices of the
9department of safety and professional services are open.
SB268,5 10Section 5. 961.385 (1) (ae) of the statutes is created to read:
SB268,3,1211 961.385 (1) (ae) "Deliver" or "delivery" means the actual, constructive, or
12attempted transfer of a monitored prescription drug from one person to another.
SB268,6 13Section 6. 961.385 (1) (af) of the statutes is created to read:
SB268,3,1714 961.385 (1) (af) "Dispense" means to deliver a monitored prescription drug
15pursuant to the lawful prescription order of a practitioner, including the
16compounding, packaging, or labeling necessary to prepare the monitored
17prescription drug for delivery.
SB268,7 18Section 7. 961.385 (1) (aj) of the statutes, as created by 2015 Wisconsin Act
1955
, is amended to read:
SB268,3,2220 961.385 (1) (aj) "Patient" means an individual or animal for whom a monitored
21prescription drug is prescribed or to whom a monitored prescription drug is
22dispensed or administered.
SB268,8 23Section 8. 961.385 (2) (a) (intro.) of the statutes, as affected by 2015 Wisconsin
24Act 55
, is amended to read:
SB268,4,7
1961.385 (2) (a) (intro.) Require a pharmacy or a practitioner to generate a
2record documenting each dispensing of a monitored prescription drug at the
3pharmacy or, if the monitored prescription drug is not dispensed at a pharmacy, by
4the practitioner and to submit the record to the board no later than 11:59 p.m. of the
5next business day after the monitored prescription drug is dispensed
, except that the
6program may not require the generation of a record in any of the following
7circumstances:
SB268,9 8Section 9. 961.385 (2) (c) of the statutes, as affected by 2015 Wisconsin Act 55,
9is amended to read:
SB268,4,1310 961.385 (2) (c) Specify the persons to whom a record may be disclosed and the
11circumstances under which the disclosure may occur. The Except as otherwise
12provided under this section, the
rule promulgated under this paragraph shall comply
13with s. 146.82, except that the rule shall permit.
SB268,4,15 14(cm) Permit the board to disclose a record generated by the program to relevant
15any of the following:
SB268,4,19 163. Relevant state boards and agencies, relevant agencies of other states, and
17relevant law enforcement agencies, as defined in s. 165.77 (1) (b), including under
18and relevant prosecutorial units, as defined in s. 978.001 (2), if any of the following
19is true:
SB268,4,23 20c. The circumstances indicating indicate suspicious or critically dangerous
21conduct or practices of a pharmacy, pharmacist, practitioner, or patient. The board
22shall define what constitutes suspicious or critically dangerous conduct or practices
23for purposes of the rule promulgated under this paragraph this subd. 3. c.
SB268,10 24Section 10. 961.385 (2) (cm) 1. of the statutes is created to read:
SB268,5,3
1961.385 (2) (cm) 1. A practitioner, pharmacist, registered nurse licensed under
2s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b) if any of the
3following is applicable:
SB268,5,54 a. The practitioner, pharmacist, registered nurse, or substance abuse counselor
5is directly treating or rendering assistance to the patient.
SB268,5,86 b. The practitioner, pharmacist, registered nurse, or substance abuse counselor
7is being consulted regarding the health of the patient by an individual who is directly
8treating or rendering assistance to the patient.
SB268,11 9Section 11. 961.385 (2) (cm) 2. of the statutes is created to read:
SB268,5,1910 961.385 (2) (cm) 2. A person who medically coordinates, directs, or supervises,
11or establishes standard operating procedures for, a practitioner, pharmacist,
12registered nurse, or substance abuse counselor to whom records may be disclosed
13under subd. 1., if the person is evaluating the job performance of the practitioner,
14pharmacist, registered nurse, or substance abuse counselor, or is performing quality
15assessment and improvement activities, including outcomes evaluation or
16development of clinical guidelines, and if the disclosure is limited to only those
17records about the practitioner, pharmacist, registered nurse, or substance abuse
18counselor the person medically coordinates, directs, or supervises, or for whom the
19person establishes standard operating procedures.
SB268,12 20Section 12. 961.385 (2) (cm) 3. a. and b. of the statutes are created to read:
SB268,5,2521 961.385 (2) (cm) 3. a. The state board or agency, agency of another state, law
22enforcement agency, or prosecutorial unit makes a written request for the record and
23is engaged in an active and specific investigation or prosecution of a violation of any
24state or federal law involving a monitored prescription drug, and the record being
25requested is reasonably related to that investigation or prosecution.
SB268,6,3
1b. The state board or agency, agency of another state, law enforcement agency,
2or prosecutorial unit makes a written request for the record and is monitoring the
3patient as part of a drug court, as defined in s. 165.955 (1).
SB268,13 4Section 13. 961.385 (2) (cm) 4. of the statutes is created to read:
Loading...
Loading...