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H0553...........................................................by HORNBECK PRESCRIPTIONS - Amends existing law to establish requirements for dispensing prescription drugs in Schedules III and IV, including a caller identification for verbal prescriptions, written verification and proof of identity to receive the prescription drug. 01/29 House intro - 1st rdg - to printing 01/30 Rpt prt - to Health/Wel
H0553|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 553 BY HORNBECK 1 AN ACT 2 RELATING TO PRESCRIPTION FOR CONTROLLED SUBSTANCES; AMENDING SECTION 37-2722, 3 IDAHO CODE, TO REQUIRE ADDITIONAL VERIFICATION FOR PRESCRIPTIONS OF SCHED- 4 ULE III AND IV DRUGS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 37-2722, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 37-2722. PRESCRIPTIONS. (a) Except when dispensed directly by a practi- 9 tioner, other than a pharmacy, to an ultimate user, no controlled substance in 10 schedule II may be dispensed without the written prescription of a practitio- 11 ner on an official blank furnished by the board. 12 (b) In emergency situations, as defined by rule of the board, schedule II 13 drugs may be dispensed upon oral prescription of a practitioner, reduced 14 promptly to writing and filed by the pharmacy. Prescriptions shall be retained 15 in conformity with the requirements of section 37-2720, Idaho Code. No pre- 16 scription for a schedule II substance may be refilled. 17 (c) (1) Except when dispensed directly by a practitioner, 18 other than a pharmacy, to an ultimate user, a controlled substance 19 included in schedule III or IV, which is a prescription drug as determined 20 under this act or regulation of the bureau or the board, shall not be dis- 21 pensed without a written or oral prescription of a practitioner. The pre- 22 scription shall not be filled or refilled more than six (6) months after 23 the date thereof or be refilled more than five (5) times, unless renewed 24 by the practitioner. 25 (2) When a prescription drug order for a drug listed in schedule 26 III or IV is a verbal order given via telephone, the pharmacy shall be 27 equipped with a caller identification system to verify the origin of the 28 call, in any area where caller identification is an available telephone 29 service. The prescriber shall be responsible for providing a signed writ- 30 ten prescription to the pharmacy for all verbal orders given via telephone 31 for schedule III and IV controlled substances. The written prescription 32 shall be provided by delivery to the pharmacy or by facsimile (FAX) within 33 seventy-two (72) hours. The pharmacy shall attach the written prescription 34 to the file copy of the call-in prescription. 35 (3) Any person receiving a prescription for a drug listed in schedule III 36 or IV who is unknown to the pharmacist shall be required to provide posi- 37 tive proof of identity prior to the delivery of the prescription. The 38 pharmacist requiring the positive identification shall note the type of 39 identification presented, i.e., driver's license, and shall record the 40 identifying license number or information and printed name appearing 41 thereon either on the prescription or other readily retrievable record. 42 (4) Failure to comply with this section constitutes grounds for penalties 43 under section 37-2733, Idaho Code. 2 1 (d) A controlled substance included in schedule V shall not be distrib- 2 uted or dispensed other than for a medical purpose.
STATEMENT OF PURPOSE
RS 07739
Pharmacy rules to be adhered to when a prescription drug
order for a drug listed in schedule III or IV is a verbal
order given by telephone. 1) The pharmacy shall be equipped
with a caller identification system (when an available
telephone service).
2) the prescriber shall be responsible for providing a signed
written prescription to the pharmacy for all verbal orders
given via telephone for schedule III and IV controlled
substances. The written prescription shall be provided by
delivery to the pharmacy or by facsimile (FAX) within
seventy-two (72) hours. 3) Any person receiving a prescription
for a drug listed on schedule III or IV who is unknown to the
pharmacist shall be required to provide positive proof of
identity prior to delivery of the prescription. Required
information shall be recorded either on the prescription or
other readily retrievable record.
FISCAL NOTE
No fiscal impact on the State of Idaho.
Contact: Representative Hornbeck, 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 553