STATE OF WISCONSIN
Controlled Substances Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
CONTROLLED SUBSTANCES BOARD
PROPOSED ORDER OF THE CONTROLLED SUBSTANCES BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the
Controlled Substances Board
to
create
CSB 4
.04 (p)
relating to submission of data to the prescription drug monitoring program.
(Note: Chapter
Phar 18
will become Chapter
CSB 4
effective October 1, 2015. This proposed rule references the new numbering)
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutory authority:
s.
961.385
, Stats.
Explanation of agency authority:
“
The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs.” s.
961.385
, Stats.
Related statute or rule:
ch.
CSB
4
, Admin.
Code
Plain language analysis:
This rule implements
2013 Act 199
requiring the name of the person, either from on the id presented or known by the pharmacist, to whom a drug is dispensed or delivered to be submitted to the prescription drug monitoring program.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois
:
Illinois does not require the name of the person to whom a drug is dispensed or delivered to be submitted to the prescription drug monitoring program.
Iowa
:
Iowa does not require the name of the person to whom a drug is dispensed or delivered to be submitted to the prescription drug monitoring program.
Michigan
:
Michigan does not require the name of the person to whom a drug is dispensed or delivered to be submitted to the prescription drug monitoring program.
Minnesota:
Minnesota does not require the name of the person to whom a drug is dispensed or delivered to be submitted to the prescription drug monitoring program.
Summary of factual data and analytical methodologies:
The methodology was to insert this requirement into the enumeration of required data to be submitted to the prescription drug monitoring program.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
This rule was posted for economic comments for 14 days and none were received. Any economic impact
resulting from the requirement to submit the name to PDMP is a result of the statutory requirement created by
2013 Act 199
.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
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
Eric.Esser
@wisconsin.gov
, or by calling (608) 26
7-2435
.
Agency contact person
:
Sharon Henes, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, Wisconsin 53708; telephone 608-
261-2377
; email at
Sharon.Henes
@wisconsin.gov
.
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 Board
Services, 1400 East Washington Avenue, Room 151, P.O. Box 8
366
, Madison, WI 53708-
8366
, or by email to
Sharon.Henes
@wisco
ns
in.gov
. Comments must be received
at
or before
the hearing to be held at 9:30 a.m. on October 6, 2015
to be included in the record of rule-making proceedings.
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TEXT OF RULE
Section
1
.
CSB
4
.04 (p) is created to read:
Section
2
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on
April 9, 2016.
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(END OF TEXT OF RULE)
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