961.385(2)(cm) (cm) Permit the board to disclose a record generated by the program to any of the following:
961.385(2)(cm)1. 1. A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual licensed under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f) who treats alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:
961.385(2)(cm)1.a. a. The practitioner, pharmacist, registered nurse, substance abuse counselor, or individual is directly treating or rendering assistance to the patient.
961.385(2)(cm)1.b. b. The practitioner, pharmacist, registered nurse, substance abuse counselor, or individual is being consulted regarding the health of the patient by an individual who is directly treating or rendering assistance to the patient.
961.385(2)(cm)2. 2. A person who medically coordinates, directs, or supervises, or establishes standard operating procedures for, a practitioner, pharmacist, registered nurse, substance abuse counselor, or individual to whom records may be disclosed under subd. 1., if the person is evaluating the job performance of the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual, or is performing quality assessment and improvement activities, including outcomes evaluation or development of clinical guidelines, and if the disclosure does not contain personally identifiable information, as defined in s. 19.62 (5), of a patient and is limited to only those records about the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual the person medically coordinates, directs, or supervises, or for whom the person establishes standard operating procedures.
961.385(2)(cm)3. 3. Relevant state boards and agencies, relevant agencies of other states, relevant law enforcement agencies, as defined in s. 165.77 (1) (b), and relevant prosecutorial units, as defined in s. 978.001 (2), if any of the following is true:
961.385(2)(cm)3.a. a. 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.
961.385(2)(cm)3.b. b. 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, as defined in s. 165.955 (1).
961.385(2)(cm)3.c. c. The circumstances indicate suspicious or critically dangerous conduct or practices of a pharmacy, pharmacist, practitioner, or patient. The board shall define what constitutes suspicious or critically dangerous conduct or practices for purposes of this subd. 3. c.
961.385(2)(cm)4. 4. An agent of a practitioner or pharmacist if disclosure to the practitioner or pharmacist is authorized subject to subd. 1.
961.385(2)(cs) (cs)
961.385(2)(cs)1.1. Require that a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient. The review required under this subdivision may be performed by the practitioner or by the practitioner's agent in accordance with applicable standards of practice. This subdivision does not apply after April 1, 2025.
961.385(2)(cs)2. 2. The requirement under subd. 1. that a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient does not apply if any of the following is true:
961.385(2)(cs)2.a. a. The patient is receiving hospice care, as defined in s. 50.94 (1) (a).
961.385(2)(cs)2.b. b. The prescription order is for a number of doses that is intended to last the patient 3 days or less and is not subject to refill.
961.385(2)(cs)2.c. c. The monitored prescription drug is lawfully administered to the patient.
961.385(2)(cs)2.d. d. Due to emergency, it is not possible to review the patient's records under the program before the practitioner issues a prescription order for the patient.
961.385(2)(cs)2.e. e. It is not possible 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 that failure is reported to the board.
961.385(2)(d) (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.
961.385(2)(e) (e) Specify a deadline for the submittal of a record to the board.
961.385(2)(f) (f) Permit the board to refer to the appropriate licensing or regulatory board for discipline 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.
961.385(2)(fm) (fm) Permit the board to refer a pharmacist, pharmacy, or practitioner to the appropriate law enforcement agency for investigation and possible prosecution when the board has determined that a criminal violation may have occurred.
961.385(2)(g) (g) Maximize the potential for funding the operation of the program with available federal funding sources.
961.385(2)(h) (h) Ensure that the program complies with s. 146.82, except as otherwise provided in this section, and 45 CFR part 164, subpart E.
961.385(2)(i) (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).
961.385(2m) (2m)
961.385(2m)(a)(a) The rules promulgated under sub. (2) may not require that a record submitted to the board before 2 years after April 9, 2014, contain the name recorded under s. 450.11 (1b) (bm).
961.385(2m)(b) (b) After consultation with representatives of licensed pharmacists and pharmacies, and subject to the approval of the secretary of safety and professional services, the board may delay the requirement that a record submitted to the board contain the name recorded under s. 450.11 (1b) (bm) for an additional period beyond the date specified in par. (a).
961.385(3) (3)