View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
|||| 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