e. The practitioner is unable to review the patient’s records under the program because the digital platform for the program is not operational or due to other technological failure if the practitioner reports that failure to the board.
(d) Specify a secure electronic format for submittal of a record generated under the program and authorize the board to grant a pharmacy or practitioner a waiver of the specified format.
(e) Specify a deadline for the submittal of a record to the board.
(f) Permit the board to refer to the appropriate licensing or regulatory board for discipline, or the appropriate law enforcement agency for investigation and possible prosecution, a pharmacist, pharmacy, or practitioner that fails to comply with rules promulgated under this subsection, including by failure to generate a record that is required by the program.
(g) Maximize the potential for funding the operation of the program with available federal funding sources.
(h) Ensure that the program complies with s. 146.82, except as otherwise provided in this section, and 45 CFR part 164, subpart E. (i) Disclose information submitted to the program by a law enforcement agency under s. 961.37 (3) (a) to relevant practitioners, pharmacists, and others to whom the board may make disclosures under par. (c). 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
300 hours
6. List with description of all entities that may be affected by the proposed rule:
Licensees who are authorized to prescribe and dispense controlled substances (Advanced Practice Nurse Prescribers, Anesthesiologist Assistants, Dentists, Optometrists, Pharmacies, Pharmacists, Physicians, Physician Assistants, and Podiatrists), law enforcement, and Department of Safety and Professional Services staff.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
None to minimal. The rule is not likely to have a significant economic impact on small businesses.
Contact Person: Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
