2014 Wisconsin Statutes & Annotations
450. Pharmacy examining board.
450.19 Prescription drug monitoring program.
450.19 Prescription drug monitoring program.
450.19(1) (1) In this section:
450.19(1)(ag) (ag) "Monitored prescription drug" means a substance identified in s. 961.16, 961.18, 961.20, or 961.22 or a drug identified by the board by rule as having a substantial potential for abuse.
450.19(1)(ar) (ar) "Practitioner" has the meaning given in s. 450.01 (17) but does not include a veterinarian licensed under ch. 453.
450.19(2) (2) The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs. The program shall do all of the following:
450.19(2)(a) (a) Require a pharmacy or a practitioner to generate a record documenting each dispensing of a monitored prescription drug at the pharmacy or, if the monitored prescription drug is not dispensed at a pharmacy, by the practitioner and to deliver the record to the board, except that the program may not require the generation of a record in any of the following circumstances:
450.19(2)(a)1. 1. A monitored prescription drug is administered directly to a patient.
450.19(2)(a)2. 2. A monitored prescription drug is compounded, packaged, or labeled in preparation for delivery but is not delivered.
450.19(2)(a)3. 3. The prescription order is for a monitored prescription drug that is a substance listed in the schedule in s. 961.22 and is not a narcotic drug, as defined in s. 961.01 (15), and the prescription order is for a number of doses that is intended to last the patient 7 days or less.
450.19(2)(b) (b) Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug, including the method of payment and, subject to sub. (2m), the name recorded under s. 450.11 (1b) (bm). In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.
450.19(2)(c) (c) Specify the persons to whom a record may be disclosed and the circumstances under which the disclosure may occur. The rule promulgated under this paragraph shall permit the board to share a record generated by the program with relevant agencies of other states.
450.19(2)(d) (d) Specify a secure electronic format for delivery of a record generated under the program and authorize the board to grant a pharmacy or practitioner a waiver of the specified format.
450.19(2)(e) (e) Specify a deadline for the delivery of a record to the board.
450.19(2)(f) (f) Specify the discipline for failure to comply with rules promulgated under this subsection.
450.19(2)(g) (g) Maximize the potential for funding the operation of the program with available federal funding sources.
450.19(2)(h) (h) Ensure that the program complies with s. 146.82 and 45 CFR part 164, subpart E.
450.19(2m) (2m)
450.19(2m)(a)(a) The rules promulgated under sub. (2) may not require that a record delivered to the board before 2 years after April 9, 2014, contain the name recorded under s. 450.11 (1b) (bm).
450.19(2m)(b) (b) After consultation with representatives of licensed pharmacists and pharmacies, and subject to the approval of the secretary, the board may delay the requirement that a record delivered to the board contain the name recorded under s. 450.11 (1b) (bm) for an additional period beyond the date specified in par. (a).
450.19(3) (3)
450.19(3)(a)(a) A pharmacy, pharmacist, or practitioner is immune from civil or criminal liability or professional discipline arising from the pharmacy's, pharmacist's, or practitioner's compliance in good faith with this section or with rules promulgated under this section.
450.19(3)(b) (b) Nothing in this section may be construed to require a pharmacy, pharmacist, or practitioner to obtain, before prescribing or dispensing a monitored prescription drug to a patient, information about the patient that has been collected pursuant to the program established under sub. (2).
450.19(4) (4) Records generated under the program under this section are not subject to inspection or copying under s. 19.35.
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