Section 4.09. Direct access to PDMP information.

 

(1)  Pharmacists, pharmacist delegates, practitioners, and practitioner delegates may access PDMP information in the same or similar manner, and for the same or similar purposes, as those persons are authorized to access similar confidential patient health care records under ss. 146.82 and 961.385 , Stats., this chapter and other state or federal laws and regulations relating to the privacy of patient health care records.

(2)  To obtain access to PDMP information, pharmacists, pharmacist delegates, practitioners, and practitioner delegates shall do one of the following:

(a) Create an account with the board on a form provided by the board.

(b) Create an account with a prescription monitoring program operated by a relevant agency in another jurisdiction with whom the board exchanges PDMP information pursuant to s. CSB 4.14 .

(c) Create an account with a pharmacy or other entity at which pharmacists dispense or administer monitored prescription drugs in the course of professional practice with which the board has determined to have at least equivalent capability to maintain the confidentiality of PDMP information or that is connected to and lawfully obtains data from the state-designated entity under ch. 153 , Stats.

(d) Create an account with a hospital or other entity at which practitioners prescribe, dispense, or administer monitored prescription drugs in the course of professional practice with which the board has determined to have at least equivalent capability to maintain the confidentiality of PDMP information or that is connected to and lawfully obtains data from the state-designated entity under ch. 153 , Stats.

(3)  The board may deny, suspend, revoke or otherwise restrict or limit a pharmacist's, pharmacist delegate's, practitioner's, or practitioner delegate's direct access to PDMP information for any of the following reasons:

(a) The pharmacist, pharmacist delegate, practitioner, or practitioner delegate uses PDMP information 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.

(b) The pharmacist, pharmacist delegate, practitioner, or practitioner delegate is no longer licensed in this state or another state and recognized by this state as a person authorized to prescribe or dispense monitored prescription drugs.

(c) The board, or other licensing board, or regulatory agency takes adverse action against the pharmacist, pharmacist delegate, practitioner, or practitioner delegate.

(d) A licensing board or equivalent regulatory agency in another jurisdiction takes adverse action against the pharmacist, pharmacist delegate, practitioner, or practitioner delegate.

(e) The federal department of justice, drug enforcement administration takes adverse action against the pharmacist, pharmacist delegate, practitioner, or practitioner delegate.

(f) The pharmacist, pharmacist delegate, practitioner, or practitioner delegate is convicted of a crime substantially related to the prescribing or dispensing of a monitored prescription drug.

(g) The pharmacist delegate or practitioner delegate is no longer delegated the task of accessing PDMP information.

CR 12-009 : cr. Register October 2012 No. 682 , eff. 1-1-13; CR 14-003 : am. (1), renum. (2) to (2) (intro.) and am., cr. (2) (a) to (d), am. (3) Register August 2014 No. 704 , eff. 9-1-14; corrections in (1), (2) (b), (3) (a) Register September 2015 No. 717 .

Note

The application to create an account may be completed online at www.dsps.wi.gov or obtained at no charge from the Department of Safety and Professional Services, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708. Microsoft Windows NT 6.1.7601 Service Pack 1