§ 35-7-1060 — Controlled substance prescription tracking program

(a) In addition to other duties and responsibilities as
provided by this act, the board shall maintain a computerized
program to track prescriptions for controlled substances for the
purposes of assisting patients, practitioners and pharmacists to
avoid inappropriate use of controlled substances and of
assisting with the identification of illegal activity related to
the dispensing of controlled substances. The tracking program
and any data created thereby shall be administered by the board,
and the board may charge reasonable fees to help defray the
costs of operating the program. Any fee shall be included with
and in addition to other registration fees established by the
board as authorized in W.S. 35-7-1023. The board shall
promulgate rules to administer the tracking program under this
section. Rules adopted under this subsection may specify
requirements and procedures for practitioners, pharmacists and
any other person authorized or required to use the tracking
program.
(b) Except as otherwise provided in this subsection, when
a practitioner, other than a veterinarian, prescribes a schedule
II, III, IV or V controlled substance, the practitioner or his
delegate shall search the prescription tracking program for
prior prescriptions issued to the patient before first issuing
the prescription and as needed thereafter based on current best
practice guidelines for the practitioner's licensed profession,
except for prescribed opioids for which the practitioner or his
delegate shall repeat the search every three (3) months
thereafter for as long as the prescribed opioids remain a part
of the patient's treatment. A practitioner who prescribes a
schedule V controlled substance shall only be required to search
the program as otherwise provided in this subsection if the
substance is an opioid. A dispenser, other than a veterinarian,
shall electronically file with the board information regarding
any prescription for a schedule II, III, IV or V controlled
substance dispensed by the dispenser no later than the close of
business on the business day immediately following the day the
controlled substance was dispensed. The board may grant a
reasonable time extension to a dispenser or practitioner who is
unable to electronically file or search information as required
under this subsection. The board may require the filing of other
prescriptions and may specify the manner in which the
prescriptions are filed. The board may, by rule and regulation,
provide exemptions from the requirements of this subsection
including but not limited to exemptions for prescriptions
dispensed in certain inpatient health care settings, for
settings where the risk for diversion or misuse of medication is
found by the board to be minimal and exemptions for emergencies
and other situations as determined by the board in consultation
with other professional licensing boards that license
practitioners who are affected by the requirements of this
subsection.
(c) The tracking program shall not be used to infringe on
the legal use of a controlled substance. Information obtained
through the controlled substance prescription tracking program
is confidential and may not be released and is not admissible in
any judicial or administrative proceeding, except as follows:
(i) The board may release information to
practitioners and practitioner appointed delegates and to
pharmacists and pharmacist appointed delegates when the release
of the information may be of assistance in preventing or
avoiding inappropriate use of controlled substances. The board
shall release information to practitioners and practitioner
appointed delegates and to pharmacists and pharmacist appointed
delegates when the release of the information is necessary to
comply with the requirements of subsection (b) of this section;
(ii) The board shall report any information that it
reasonably suspects may relate to fraudulent or illegal activity
to the appropriate law enforcement agency and the relevant
occupational licensing board;
(iii) The board may release information to the
patient to whom the information pertains or his agent or, if the
patient is a minor, to his parents or guardian;
(iv) The board may release information to a third
party if the patient has signed a consent specifically for the
release of his controlled substance prescription information to
the specific third party;
(v) The board may release information that does not
identify individual patients, practitioners, pharmacists or
pharmacies, for educational, research or public information
purposes;
(vi) Subject to the rules of evidence, information
obtained from the program is admissible in a criminal proceeding
or an administrative proceeding involving professional
licensing;
(vii) The board may establish data sharing agreements
for purposes of this section and may release information to
participating states when the release of the information may be
of assistance in preventing or avoiding inappropriate use of
controlled substances.
(d) Unless there is shown malice, gross negligence,
recklessness or willful and wanton conduct in disclosing
information collected under this act, the board, any other state
agency and any other person or entity in proper possession of
information as provided by this section shall not be subject to
any civil or criminal liability or action for legal or equitable
relief.
(e) The board may apply for and accept any gifts, grants
or donations to assist in developing and maintaining the program
required by this section.
(f) The board may conduct a survey or audit of a
practitioner's usage of the state computerized program to track
prescriptions in relation to the practitioner's prescribing
patterns. If the board finds low or inappropriate usage of the
program the board shall report its findings to the
practitioner's professional licensing board.