CSB 4.12 HistoryHistory: CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 14-003: am. (4), cr. (4g), (4r) Register August 2014 No. 704, eff. 9-1-14; correction in (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; EmR1706: emerg. am. (title), (1), r. (2), cr. (2m), r. and recr. (3), r. (4), (4g), (4r), (5), am. (6) (intro.), (a), cr. (6) (am), am. (6) (c), cr. (6) (cg), (cr), eff. 4-1-17; CR 17-028: am. (title), (1), r. (2), cr. (2m), r. and recr. (3), r. (4), (4g), (4r), (5), am. (6) (intro.), (a), cr. (6) (am), am. (6) (c), cr. (6) (cg), (cr), Register December 2017 No. 744, eff. 1-1-18; ; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., December 2017 No. 744. CSB 4.13CSB 4.13 Confidentiality of PDMP records. CSB 4.13(1)(1) The dispensing data, PDMP data, audit trails, monitored prescription drug history reports, and prescribing metrics reports maintained, created, or stored as a part of the program are not subject to inspection or copying under s. 19.35, Stats. CSB 4.13(2)(2) A person who discloses or a person whose delegate discloses dispensing data, PDMP data, audit trails, monitored prescription drug history reports, or prescribing metrics reports in violation of s. 146.82 or 961.385, Stats., this chapter, or other state or federal laws or regulations relating to the privacy of patient health care records, may be referred to the appropriate licensing or regulatory board for discipline, or the appropriate law enforcement agency for investigation and possible prosecution if the board determines that a criminal violation may have occurred. CSB 4.13 HistoryHistory: CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register September 2015 No. 717; EmR1706: emerg. am., eff. 4-1-17; CR 17-028: am. Register December 2017 No. 744, eff. 1-1-18. CSB 4.14(1)(1) The board may exchange monitored prescription drug history reports and PDMP data with a prescription monitoring program operated by a relevant agency in another state or jurisdiction if the prescription monitoring program satisfies all of the following conditions: CSB 4.14(1)(a)(a) The prescription monitoring program is compatible with the program. CSB 4.14(1)(b)(b) The relevant agency operating the prescription monitoring program agrees to exchange similar information with the program. CSB 4.14(2)(2) In determining the compatibility of a prescription monitoring program to the program, the board may consider any of the following: CSB 4.14(2)(a)(a) The safeguards for privacy of patient records and the prescription monitoring program’s success in protecting patient privacy. CSB 4.14(2)(b)(b) The persons authorized to access the information stored by the prescription monitoring program. CSB 4.14(2)(c)(c) The schedules of controlled substances monitored by the prescription monitoring program. CSB 4.14(2)(d)(d) The information required by the agency to be submitted regarding the dispensing of a prescription drug. CSB 4.14(2)(e)(e) The costs and benefits to the board of sharing information. CSB 4.14(3)(3) The board may assess a prescription monitoring program’s continued compatibility with the program at any time. CSB 4.14 HistoryHistory: CR 12-009: cr. Register October 2012 No. 682, eff. 1-1-13; CR 14-003: am. (1) (intro.) Register August 2014 No. 704, eff. 9-1-14; EmR1706: emerg. am. (title), (1) (intro.), eff. 4-1-17; CR 17-028: am. (title), (1) (intro.) Register December 2017 No. 744, eff. 1-1-18. CSB 4.15CSB 4.15 Disclosure of suspicious or critically dangerous conduct or practices. CSB 4.15(1)(1) The board may review dispensing data, monitored prescription drug history reports, PDMP data, and data compiled pursuant to s. CSB 4.12 to determine whether circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacist, pharmacy, practitioner, or patient. CSB 4.15(2)(2) 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: CSB 4.15(2)(a)(a) The pharmacist or pharmacy’s monitored prescription drug dispensing practices deviate from accepted pharmacist or pharmacy practices. CSB 4.15(2)(b)(b) There are unusual patterns in the payment methodology used by patients to whom monitored prescription drugs are dispensed by the pharmacist or pharmacy. CSB 4.15(2)(c)(c) The history of actions taken against the pharmacist or pharmacy by other state agencies, agencies of another state, or law enforcement. CSB 4.15(2)(d)(d) The type and number of monitored prescription drugs dispensed by the pharmacist or at the pharmacy. CSB 4.15(2)(e)(e) The pharmacist or pharmacy has dispensed forged prescription orders for a monitored prescription drug. CSB 4.15(2)(f)(f) The distance patients travel to have monitored prescription drugs dispensed at the pharmacy. CSB 4.15(2)(g)(g) The number of patients dispensed monitored prescription drugs at the pharmacy or by the pharmacist who satisfy any of the criteria identified in sub. (4). CSB 4.15(3)(3) The board may include any of the following factors when determining whether circumstances indicate suspicious or critically dangerous conduct or practices of a practitioner: