EmR1706 Rule Text

Michigan: Michigan requires reporting to the drug monitoring program within one day if reporting online and within one week if reporting by mail. Michigan does not require mandatory use of the drug monitoring program. Michigan does not provide access to mental health, substance abuse professionals or law enforcement.

Minnesota: Minnesota requires reporting to the drug monitoring program within one day. Minnesota does require mandatory use of the drug monitoring program. Minnesota does provide access to mental health and substance abuse professionals. Minnesota does not provide access to law enforcement.

Summary of factual data and analytical methodologies:

This rule updates terminology and requirements resulting from 2015 Wisconsin Acts 266, 267 and 268.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

Any economic impact is a result of the statutory requirement created by 2015 Wisconsin Acts 266, 267 and 268.

Fiscal Estimate and Economic Impact Analysis:

There is no fiscal impact.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on May 12, 2017 to be included in the record of rule-making proceedings.

---------------------------------------------------------------------------------------------------------------------

TEXT OF RULE

Section 1. CSB 4.01 is amended to read:

CSB 4.01 Authority and scope. The rules in this chapter are adopted under authority in ss. 227.11 (2) (a) and 961.385, Stats., for the purpose of creating a prescription drug monitoring program to collect and maintain disclose information relating to the prescribing and dispensing of monitored prescription drugs.

Section 2. CSB 4.02 (1) and (2) are amended to read:

CSB 4.02 (1) “Access” means to have the ability to view PDMP information through an account established with the board monitored prescription drug history reports, audit trails, and PDMP data as authorized by s. CSB 4.09.

(2) “Administer” has the meaning given in s. 450.01 (1) 961.385 (1) (a), Stats.

Section 3. CSB 4.02 (2m), (3s), (4m) and (5m) are created to read:

CSB 4.02 (2m) “Agent” has the meaning given in s. 961.385 (1) (ab), Stats.

(3s) “Audit trail” means the log that contains information about each time the PDMP system discloses PDMP data, monitored prescription drug history reports, and prescribing metrics reports.

(4m) “Business day” has the meaning given in s. 961.385 (1) (ad), Stats.

(5m) “Deliver” or “delivery” has the meaning in s. 961.385 (1) (ae), Stats.

Section 4. CSB 4.02 (7) is amended to read:

CSB 4.02 (7) “Dispense” has the meaning given in s. 450.01 (7) 961.385 (1) (af), Stats.

Section 5. CSB 4.02 (11c) and (11n) are created to read:

CSB 4.02 (11c) “Healthcare Professional” means a pharmacist, practitioner, registered nurse licensed under s. 441.06, Stats., substance abuse counselor, as defined in s. 440.88 (1) (b), or individual authorized under s. 457.02 (5m) to treat alcohol or substance dependency or abuse as a specialty.

(11n) “Law enforcement agency” has the meaning given in s. 165.77 (1) (b), Stats.

Section 6. CSB 4.02 (11r) and (12) (a) 1. are amended to read:

CSB 4.02 (11r) “Managing pharmacist” has the meaning given in s. Phar 1.02 (6) means a pharmacist designated by the pharmacy owner to have responsibility for and direct control of pharmaceutical operations in a pharmacy.

4.02 (12) (a) 1. A controlled substance included in s. 961.385 (1) 961.385 (1) (ag), Stats.

Section 7. CSB 4.02 (11w) and (12m) are created to read:

CSB 4.02 (11w) “Medical coordinator” means a person who medically coordinates, directs, supervises, or establishes standard operating procedures for a healthcare professional.

(12m) “Monitored prescription drug history report” means all of the following information about a patient, patient address, practitioner, or dispenser compiled by the PDMP system and disclosed as authorized in ss. CSB 4.09 and 4.11:

  (a) PDMP data.

  (b) Reports submitted to the program pursuant to s. 961.37, Stats.

  (c) Information submitted to the program by a healthcare professional.

  (d) Information from the analytics platform.

Section 8. CSB 4.02 (13) is amended to read:

CSB 4.02 (13) “Patient” has the meaning given in s. 450.01 (14) 961.385 (1) (aj), Stats.

Section 9. CSB 4.02 (14) is repealed.

Section 10. CSB 4.02 (15) (intro.) and (a) are consolidated, renumbered CSB 4.01 (15) and amended to read:

CSB 4.02 (15) “PDMP information data” means any of the following: The data the information compiled and stored analyzed by the board PDMP system from dispensing data submitted to it by dispensers.

Section 11. CSB 4.02 (15) (b) is repealed.