Current through February 26, 2024
(1) Healthcare professionals may access
monitored prescription drug history reports about a patient for any of the
following reasons:
(a) The healthcare
professional is directly treating or rendering assistance to the
patient.
(b) The healthcare
professional is being consulted regarding the health of the patient by an
individual who is directly treating or rendering assistance to the
patient.
(c) Scientific research
purposes if all of the following requirements are met:
1. The patient is a direct patient of the
healthcare professional.
2. The
healthcare professional has obtained informed consent from the patient to
access monitored prescription drug history reports for scientific research
purposes.
(d) Purposes of
conducting an overdose fatality review.
(2) Pharmacist delegates and practitioner
delegates may access monitored prescription drug history reports about a
patient for any of the following reasons:
(a)
A pharmacist or practitioner who is directly treating or rendering assistance
to the patient has delegated the task of obtaining monitored prescription drug
history reports about the patient to the pharmacist delegate or practitioner
delegate.
(b) A pharmacist or
practitioner who is being consulted regarding the health of the patient by an
individual who is directly treating or rendering assistance to the patient has
delegated the task of obtaining monitored prescription drug history reports
about the patient to the pharmacist delegate or practitioner
delegate.
(3) Healthcare
professionals, pharmacist delegates, and practitioner delegates may only
disclose a monitored prescription drug history report about a patient obtained
pursuant to sub. (1) or (2) in the following situations:
(a) To the patient as part of treating or
rendering assistance to the patient.
(b) To another healthcare professional or a
medical coordinator for consultation about the health of the patient or as part
of treating or rendering assistance to the patient.
(c) To the pharmacist or practitioner who is
directly treating or rendering assistance to the patient.
(d) To a law enforcement agency as required
by s.
146.82,
Stats.
(4) To obtain
access to monitored prescription drug history reports as authorized in subs.
(1) and (2), healthcare professionals, pharmacist delegates, and practitioner
delegates shall do one of the following:
(a)
Create an account with the PDMP system.
(b) Create an account with a prescription
monitoring program operated by a relevant agency in another jurisdiction with
which the board exchanges monitored prescription drug history reports or PDMP
data 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 monitored prescription drug
history reports 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 monitored prescription drug history reports or that is
connected to and lawfully obtains data from the state-designated entity under
ch. 153, Stats.