CSB 4.11 (8) The board shall disclose the minimum amount of PDMP information dispensing data necessary to a coroner, deputy coroner, medical examiner, or medical examiner’s assistant following the death of a patient 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 person does all of the following: Section 13. CSB 4.11 (8) (c) is amended to read:
CSB 4.11 (8) (c) Makes a request for the PDMP information dispensing data through its account with the board.
Section 14. CSB 4.15 is created to read:
CSB 4.15 Disclosure of suspicious or critically dangerous conduct or practices.
(1) The board may review PDMP information to determine whether circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacist, pharmacy, practitioner, or patient.
(a) The board may include any of the following factors when determining whether circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacist or pharmacy:
1. The pharmacist or pharmacy’s monitored prescription drug dispensing practices deviate from accepted pharmacist or pharmacy practices.
2. There are unusual patterns in the payment methodology used by patients to whom monitored prescription drugs are dispensed by the pharmacist or pharmacy.
3. The history of actions taken against the pharmacist or pharmacy by other state agencies, agencies of another state, or law enforcement.
4. The type and number of monitored prescription drugs dispensed by the pharmacist or at the pharmacy.
5. The pharmacist or pharmacy has dispensed forged prescription orders for a monitored prescription drug.
6. The distance patients travel to have monitored prescription drugs dispensed at the pharmacy.
7. The number of patients dispensed monitored prescription drugs at the pharmacy or by the pharmacist who satisfy any of the criteria identified in par. (c).
(b) The board may include any of the following factors when determining whether circumstances indicate suspicious or critically dangerous conduct or practices of a practitioner:
1. The practitioner’s monitored prescription drug prescribing practices deviate from accepted prescribing practices.
2. The practitioner prescribes potentially dangerous combinations of monitored prescription drugs to the same patient.
3. The type and number of monitored prescription drugs prescribed by the practitioner.
4. The history of actions taken against the practitioner by other state agencies, agencies of another state, or law enforcement.
5. The distance patients travel to obtain monitored prescription drug prescriptions from the practitioner.
6. The number of patients to whom the practitioner prescribed a monitored prescription who satisfy any of the criteria identified in par. (c).
(c) The board may include any of the following factors when determining whether circumstances indicate suspicious or critically dangerous conduct or practices of a patient:
1. The number of practitioners from whom the patient has obtained a prescription for a monitored prescription drug.
2. The number of pharmacies from where the patient was dispensed a monitored prescription drug.
3. The number of prescriptions for a monitored prescription drug obtained by the patient.
4. The number of monitored prescription drug doses dispensed to the patient.
5. Whether the monitored prescription drugs dispensed to the patient include dangerous levels of any drug.
6. The number of times the patient is prescribed or dispensed a monitored prescription drug before the previously dispensed amount of the same or a similar monitored prescription drug would be expected to end.
7. The payment methodology used by the patient to obtain controlled substances at a pharmacy.
(d) Upon determining that circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacy, practitioner, or patient, the Board may disclose PDMP information to any of the following:
1. A relevant patient.
2. A relevant pharmacist or practitioner.
3. A relevant state board or agency.
4. A relevant agency of another state.
5. A relevant law enforcement agency.
Section 15. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s. 227.22 (2) (intro.), Stats. ---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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