Wyo. Code R. 059-0002-8
Commissioner of Drugs & Substances Control
Chapter 8: Prescription Drug Monitoring Program
Effective Date: 11/12/2003 to 12/13/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 059.0002.8.11122003
Section 1. Authority.
These regulations are promulgated as authorized by the Wyoming Controlled Substance Act.
Section 2. Transmission of Information Regarding Dispensing of Controlled Substances to Certain Persons.
a. Each resident/nonresident retail pharmacy that uses a computerized system to record information concerning prescriptions and that dispenses a controlled substance that is listed in Schedule II, III or IV to a person who is not an inpatient of a hospital, correctional institution or nursing facility shall transmit to the board or its agent the information set forth in the "ASAP Telecommunications Format for Controlled Substances", May 1997 edition, published by the American Society for Automation in Pharmacy, which is hereby adopted by reference. The information relating to the following field names shall be transmitted:
i. Pharmacy number; ii. Birth date; iii. Sex Code; iv. Date filled; v. Rx number; vi. New/refill code; vii. Metric quantity; viii. Date Rx written; ix. Days supply; x. NDC number; xi. Prescriber ID number; xii. Patient last name; xiii. Patient first name;
xiv. Patient street address; and
xv. Patient zip code.
b. The resident/nonresident retail pharmacy shall ensure that, not later than the 10th day of the month immediately following the month in which the prescription was dispensed, the information required pursuant to Section 2 (a) of 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 1/4 of an inch wide and is used to transmit information between computerized systems;
iv. Paper printout.
d. Upon a showing of good cause, the board may, for a period of 90 days, waive the requirements set forth in this section for a pharmacy that cannot transmit the information required pursuant to Section 2 (a) of this chapter before October 1, 2004. The board may renew the waiver.
a. Occupational licensing boards may request practitioner profiles from the board provided the following are met:
i. All requests must be on a form provided by the board and include the name and license number of the practitioner;
ii. The purpose of the request, the date range requested, and the specific reasons for this request;
iii. The signature of the authorized agent and mailing address for the occupational licensing board;
iv. The request shall be mailed or faxed to the board's office; and
v. No practitioner profile will be generated by the board until the request is received, and no practitioner profile will be sent to an occupational licensing board unless those requirements identified in W.S. §35-7-1060 (c)(ii) have been met. All profiles generated by the board will be mailed to the occupational licensing board, and marked 'confidential, to be opened by addressee only'.
b. Pharmacists and practitioners are under no obligation to, but may request patient profiles from the board provided the following conditions are met:
i. All requests must be submitted on a form provided by the board and must be mailed or faxed to the board's office;
ii. All requests must be signed by the pharmacist or practitioner requesting the information and include the business name/address of the pharmacist or practitioner;
iii. All requests shall include the patient's name, date of birth, purpose of the request, and the date range for the profile;
iv. A statement indicating a pharmacist/patient or practitioner/patient relationship exists; and
v. 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. 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's office provided the following are met:
i. All requests shall be made in person at the board's office. The patient requesting the profile or an authorized agent of the patient or parent's or guardians of minors requesting a profile must have proof of identification acceptable to the board;
ii. Any person making a request for a profile shall complete a form provided by the board. Any profile generated by the board will be available at the board's office, the same day of the request.
The board may generate patient profiles based on information showing use of controlled substances, which is in excess of 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. The board shall maintain a register for solicited patient profile requests. The register shall include the following:
i. Date 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 individual requesting the profile; and iv. Date profile mailed or faxed.
b. The board shall maintain a register for any unsolicited patient profile generated by the board. The register shall include the following:
i. Date generated; ii. Criteria used for profile generation; and iii. Number of profiles/cover letters mailed.
Section 6. 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.