Wyo. Code R. 059-0002-8
Commissioner of Drugs & Substances Control
Chapter 8: Prescription Drug Monitoring Program
Effective Date: 05/16/2017 to 12/11/2018
Rule Type: Superceded Rules & Regulations
Reference Number: 059.0002.8.05162017
(a) These regulations are promulgated as authorized by the Wyoming Controlled Substances Act; W.S. 35-7-1001 through -1101.
To describe procedures for the Prescription Drug Monitoring Program (WORx).
Applies to all registrants.
Section 4. Transmission of information regarding dispensing of controlled substances to certain persons.
(a) Each resident/nonresident retail pharmacy that dispenses a controlled substance listed in Schedule II, III or IV to a person in this state who is not an inpatient of a hospital, correctional institution or nursing facility, shall transmit to the Board or its agent the following required information:
(xii) Patient last name; (xiii) Patient first name; (xiv) Patient street address; (xv) Patient zip code; and (xvi) Method of third party liability and/or payment.
(b) If the retail pharmacy does not dispense more than twenty-five (25) controlled substance prescriptions per month to patients residing in this State, the retail pharmacy may request a waiver from the Board.
(c) The resident/nonresident retail pharmacy shall ensure that, not later than close of business on the business day immediately following the day the controlled substance was dispensed, the information required pursuant to this Chapter is transmitted to the Board or its agent by one of the following methods:
(i) Computer modem that can transmit information at the rate of 2400 baud or more; (ii) Computer disk; (iii) Cassette containing magnetic tape, which is ¼ of an inch wide and is used to transmit information between computerized systems; or (iv) Paper printout.
Section 5. Solicited Patient Profiles.
(a) Occupational licensing boards may request licensee profiles from the Board provided the following are met:
(i) All requests shall be on a form provided by the Board and include the name and license number of the licensee; (ii) The purpose of the request, the date range requested, and the specific reasons for this request; (iii) The signature and mailing address of the authorized agent for the occupational licensing board; (iv) The request shall be mailed, emailed or faxed to the Board's office;
(v) No licensee profile will be generated by the Board until the request is received. All profiles generated by the Board will be sent to the occupational licensing board and marked “confidential, to be opened by addressee only;” and
(vi) A lengthy profile may be converted to a spreadsheet and provided electronically to an occupational licensing board.
(b) Pharmacists and practitioners are under no obligation to, but may request patient profiles from the Board provided the following conditions are met for faxed paper requests:
(i) All paper requests must be submitted on a form provided by the Board and must be mailed or faxed;
(ii) All paper requests must be signed with a manual or electronic signature by the pharmacist or practitioner requesting the information and include the business name/address of the pharmacist or practitioner;
(iii) All paper requests must include the DEA registration number for the pharmacy or practitioner;
(iv) All paper requests shall include the patient’s name, date of birth and address;
(v) All paper requests shall include a statement indicating a pharmacist/patient or practitioner/patient relationship exists; and
(vi) All profiles generated by the Board shall be faxed or mailed to the pharmacist or practitioner at their business address, and if mailed marked “confidential, to be opened by addressee only.”
(c) Pharmacists, practitioners and their respective appointed delegates are under no obligation to, but may request patient profiles from the Board provided the following conditions are met for electronic requests:
(i) The pharmacist or practitioner or their appointed delegate registers for access to the online system (WORx) using the online registration;
(ii) The Board staff verifies current licensure, current WY Controlled Substance Registration and DEA number of the pharmacy or practitioner;
(iii) The Board staff activates the online access;
(iv) The practitioner or pharmacist-in-charge (PIC) determines the competency of their appointed delegates before allowing registration in WORx;
(v) Practitioner appointed delegates shall be authorized agents of the practitioner:
(A) A delegate registered under one practitioner may perform searches on behalf of other practitioners;
(B) Each registered practitioner may appoint up to two (2) delegates;
(C) The practitioner shall be responsible for the actions of their appointed delegates; and
(D) The practitioner shall terminate the delegate’s access in the WORx system when the appointment has ended.
(vi) A PIC may appoint up to two (2) delegates per employed pharmacist, who are licensed pharmacy technicians or licensed pharmacy interns employed at the pharmacy:
(A) A delegate registered under one PIC may perform searches on behalf of other pharmacists;
(B) If the PIC changes at the pharmacy, the Board shall be notified and delegates re-appointed in the same time frame as the controlled substance inventory is completed for a change in PIC;
(C) The PIC shall be responsible for the actions of their appointed delegates; and
(D) The PIC shall terminate the delegate’s access in the WORx system when the appointment has ended.
(d) The Board staff shall discontinue access to any pharmacist or practitioner or their appointed delegate whose license, DEA registration or WY Controlled Substance Registration has lapsed or been revoked or suspended.
(e) The Board staff shall discontinue access to any pharmacist or practitioner or their appointed delegate who fails to follow these regulations.
(f) Patients, their authorized agent, or in the case of a minor, the minor’s parent or guardian may request a copy of the patient’s profile from the Board office provided:
(i) All requests shall be made in person at the Board office. The patient requesting the profile or the authorized agent of the patient or parents or guardians of minors requesting a profile must have proof of identification acceptable to Board staff; and (ii) Any person making a request for a profile shall complete a form provided by the Board. Any profile generated by Board staff will be available at the Board office the same day of the request.
(g) Other entities as authorized in W.S. § 35-7-1060 may request a copy of the patient's profile from the Board office provided the following are met:
(i) All requests must be submitted on a form provided by the Board and must be mailed or faxed to the Board office;
(ii) All requests must be signed by the requestor and include the business name and address;
(iii) The purpose of the request, the date range requested, and the specific reasons for this request including investigation number, if applicable, must be included; and
(iv) The requirements identified in W.S. § 35-7-1060 (c)(ii) or (iv) must be met before the patient's profile is provided to the requestor or a copy of the patient's signed consent specifically stating permission for the requestor to access and review the profile must be provided by the requestor.
Board staff may generate patient profiles based on information showing use of controlled substances, within established parameters. Profiles generated will be mailed to each pharmacy and practitioner where the patient was seen. A letter of explanation will accompany each profile.
(a) Board staff shall maintain a register for solicited patient profile requests for two (2) years from the date of the request. The register shall include:
(i) Date request received;
(ii) Name of patient, patient's date of birth or the name of the practitioner and practitioner's DEA registration number;
(iii) Name, title, business, and address of the requestor; and
(iv) Date profile was provided to the requestor.
(b) The Board shall maintain a register for two (2) years for any unsolicited patient profile generated by the Board. The register shall include:
(i) Date generated;
(ii) Criteria used for profile generation; and (iii) Number of profiles/cover letters mailed.
Section 8. Statistical Profiles.
The Board may generate statistical profiles upon request, provided no patient/practitioner/pharmacy specific information is included. The Board shall charge a fee of $25.00 per profile generated for any government agency and $500.00 per profile for all others.
Section 9. Reporting of Non-Controlled Prescription Drugs.
If formally requested by the Board, resident and nonresident retail pharmacies shall ensure that, not later than the close of business on the business day immediately following the day the non-controlled substance was dispensed, the information required pursuant to this Chapter is transmitted to the Board or its agent. As of July 1, 2017 the Board requires the reporting of:
(a) Gabapentin; (b) Cyclobenzaprine; and (c) Naloxone.