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S1511.................................................by HEALTH AND WELFARE
PRESCRIPTIONS - Amends existing law to allow legitimate prescriptions or
drug orders of practitioners from other states or countries to be lawfully
filled in Idaho.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 30-0-5
AYES--Boatright, Burtenshaw, Cameron, Crow, Danielson, Darrington,
Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Noh, Parry, Richardson, Riggs, Risch,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler,
Whitworth, Williams
NAYS--None
Absent and excused--Andreason, Bunderson, Lee, McLaughlin, Sandy
Floor Sponsor - Wheeler
Title apvd - to House
03/06 House intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr
Speaker
NAYS -- None
Absent and excused -- Ellsworth, Ridinger, Taylor
Floor Sponsor - Moyle
Title apvd - to Senate
03/31 To enrol
04/03 Rpt enrol - Pres signed - Sp signed
04/04 To Governor
04/14 Governor signed
Session Law Chapter 276
Effective: 04/14/00
S1511
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1511
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CONTROLLED SUBSTANCES AND OTHER PRESCRIPTION DRUGS; AMENDING SEC-
3 TION 37-2722, IDAHO CODE, TO ALLOW LEGITIMATE PRESCRIPTIONS OF PRACTITIO-
4 NERS FROM JURISDICTIONS OTHER THAN IDAHO TO BE LAWFULLY FILLED IN IDAHO
5 AND TO DEFINE A TERM; AMENDING SECTION 54-1733, IDAHO CODE, TO ALLOW
6 LEGITIMATE PRESCRIPTIONS OR DRUG ORDERS OF PRACTITIONERS FROM JURISDIC-
7 TIONS OTHER THAN IDAHO TO BE LAWFULLY FILLED IN IDAHO; AND DECLARING AN
8 EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 37-2722, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 37-2722. PRESCRIPTIONS. (a) Except when dispensed directly by a practi-
13 tioner, other than a pharmacy, to an ultimate user, no controlled substance in
14 schedule II may be dispensed without the written prescription of a practitio-
15 ner on an official blank furnished by the board.
16 (b) In emergency situations, as defined by rule of the board, schedule II
17 drugs may be dispensed upon oral prescription of a practitioner, reduced
18 promptly to writing and filed by the pharmacy. Prescriptions shall be retained
19 in conformity with the requirements of section 37-2720, Idaho Code. No pre-
20 scription for a schedule II substance may be refilled.
21 (c) Except when dispensed directly by a practitioner, other than a phar-
22 macy, to an ultimate user, a controlled substance included in schedule III or
23 IV, which is a prescription drug as determined under this act or regulation of
24 the bureau or the board, shall not be dispensed without a written or oral pre-
25 scription of a practitioner. The prescription shall not be filled or refilled
26 more than six (6) months after the date thereof or be refilled more than five
27 (5) times, unless renewed by the practitioner.
28 (d) A controlled substance included in schedule V shall not be distrib-
29 uted or dispensed other than for a medical purpose.
30 (e) Solely for the purpose of allowing the dispensing of controlled sub-
31 stances pursuant to the prescription of an individual licensed in a jurisdic-
32 tion other than the state of Idaho, and for no other purpose under this act,
33 with respect to the written or oral prescription of a "practitioner" as
34 required under subsections (a), (b) and (c) of this section, the term
35 "practitioner" shall also include a physician, dentist, veterinarian, scien-
36 tific investigator or other individual, other than a pharmacy licensed in a
37 jurisdiction other than the state of Idaho, and permitted by such license to
38 dispense, conduct research with respect to or administer the prescribed con-
39 trolled substance in the course of his professional practice or research in
40 such jurisdiction, so long as the individual is acting within the jurisdic-
41 tion, scope and authority of his license when issuing the written or oral pre-
42 scription.
2
1 SECTION 2. That Section 54-1733, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-1733. VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug
4 order for a legend drug is not valid unless it is issued for a legitimate med-
5 ical purpose by a practitioner acting in the usual course of his profession,
6 or by a physician, dentist, veterinarian, scientific investigator or other
7 person, other than a pharmacist, who is licensed in a jurisdiction other than
8 the state of Idaho and is permitted by such license to dispense, conduct
9 research with respect to or administer the prescribed legend drugs in the
10 course of his professional practice or research in such jurisdiction, so long
11 as the individual is acting within the jurisdiction, scope and authority of
12 his license when issuing the prescription or drug order.
13 (2) It is unlawful for a practitioner to knowingly issue an invalid pre-
14 scription or drug order for a legend drug.
15 (3) It is unlawful for a pharmacist or veterinarian to knowingly fill an
16 invalid prescription or drug order for a legend drug.
17 SECTION 3. An emergency existing therefor, which emergency is hereby
18 declared to exist, this act shall be in full force and effect on and after its
19 passage and approval.
STATEMENT OF PURPOSE
RS10079C1
The purpose of this legislation is to resolve a problem relating to prescriptions
written by legitimate doctors or other practitioners licensed in other states
or countries. This problem arises when these prescriptions are brought into Idaho
either by Idaho citizens or by people traveling in Idaho and presented to an Idaho
pharmacist for filling. The legislation will expand the scope of a valid
prescription or drug order in the Pharmacy Act and the Controlled Substances Act
to include those made by any practitioner who is licensed to issue a prescription
or drug order in the jurisdiction in which the practitioner conducts his practice, so
long as he is acting within the jurisdiction, scope, and authority of his license.
This will allow legitimate prescriptions of practitioners from other states or
countries to be lawfully filled in Idaho.
FISCAL IMPACT
There will be no impact on the General Fund, no cost to the general public or
practitioners, and implementation of legislation will be from the Board of
Pharmacy dedicated funds.
CONTACT: Richard K. "Mick" Markuson, Director
Idaho State Board of Pharmacy
334-2356
STATEMENT OF PURPOSE/FISCAL NOTE S 1511