961.385 Prescription drug monitoring program.
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/wi/chapter-961/961-385-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
961.385 Prescription drug monitoring program.
(1)In this section:
(a)“Administer” means the direct application of a monitored prescription drug, whether by injection, ingestion, or any other means, to the body of a patient by any of the following:
1. A practitioner or his or her agent.
2. A patient at the direction of a practitioner.
3. A pharmacist.
(ab)“Agent” means an authorized person who acts on behalf of or at the direction of another person.
(ac)“Board” means the controlled substances board.
(ad)“Business day” means any day on which the offices of the department of safety and professional services are open.
(ae)“Deliver” or “delivery” means the actual, constructive, or attempted transfer of a monitored prescription drug from one person to another.
(af)“Dispense” means to deliver a monitored prescription drug pursuant to the lawful prescription order of a practitioner, including the compounding, packaging, or labeling necessary to prepare the monitored prescription drug for delivery.
(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.
(aj)“Patient” means an individual or animal for whom a monitored prescription drug is prescribed or to whom a monitored prescription drug is dispensed or administered.
(aL)“Pharmacist” means a person licensed by the pharmacy examining board under s. 450.03 or 450.05 or licensed in another state and recognized by this state as a person authorized to engage in the practice of pharmacy in the state in which the person is licensed.
(an)“Pharmacy” means a place of practice licensed under s. 450.06 or 450.065 .
(ar)“Practitioner” has the meaning given in s. 450.01
(17)but does not include a veterinarian licensed under ch. 89 .
(b)“Prescription order” means an order transmitted orally, electronically, or in writing by a practitioner or a veterinarian licensed under ch. 89 for a monitored prescription drug for a particular patient.
(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:
(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 submit the record to the board no later than 11:59 p.m. of the next business day after the monitored prescription drug is dispensed, except that the program may not require the generation of a record in any of the following circumstances:
1. A monitored prescription drug is administered directly to a patient.
2. A monitored prescription drug is compounded, packaged, or labeled in preparation for delivery but is not delivered.
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, and the prescription order is for a number of doses that is intended to last the patient 7 days or less.
(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
(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.
(c)Specify the persons to whom a record may be disclosed and the circumstances under which the disclosure may occur. Except as otherwise provided under this section, the rule promulgated under this paragraph shall comply with s. 146.82 .
(cm)Permit the board to disclose a record generated by the program to any of the following:
1. A practitioner, pharmacist, registered nurse licensed under s. 441.06 , or substance abuse counselor, as defined in s. 440.88
(b), or an individual holding a credential under s. 457.08
(2),
(3), or
(4), 457.10 , 457.11 , 457.12 , 457.13 , or 457.14
(d)to
(f)who treats alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:
a. The practitioner, pharmacist, registered nurse, substance abuse counselor, or individual is directly treating or rendering assistance to the patient.