2000 Legislation
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SENATE BILL NO. 1511 – Prescriptions, out of state, filled

SENATE BILL NO. 1511

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


     
                           
                 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