2001 Legislation
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HOUSE BILL NO. 331 – Prescriptions, forms

HOUSE BILL NO. 331

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H0331......................................................by STATE AFFAIRS
PRESCRIPTIONS - Amends, adds to and repeals existing law to provide
authority of the Board of Pharmacy to approve forms for prescriptions; to
specify certain conditions governing the forms; and to provide for filing
of prescriptions.
                                                                        
02/27    House intro - 1st rdg - to printing
02/28    Rpt prt - to Health/Wel
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 64-0-6
      AYES -- Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel,
      Callister, Campbell, Chase, Clark, Collins, Crow, Deal, Ellis,
      Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg,
      Kendell, Kunz, Lake, Langford, Loertscher, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail,
      Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barraclough, Barrett, Cuddy, Denney, Mader,
      Wood
    Floor Sponsor -- Henbest
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to Health/Wel
03/16    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Wheeler
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 178
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 331
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PRESCRIPTION FORMS;  AMENDING  SECTION  37-2722,  IDAHO  CODE,  TO
  3        STRIKE  A REQUIREMENT THAT THE OFFICIAL PRESCRIPTION BLANK IS FURNISHED BY
  4        THE BOARD OF PHARMACY; AMENDING SECTION 37-2724, IDAHO CODE, TO STRIKE  AN
  5        EXEMPTION  FROM  USE  OF  PRESCRIPTION BLANKS; REPEALING SECTIONS 37-2725,
  6        37-2726, 37-2727, 37-2728, 37-2729  AND  37-2730,   IDAHO  CODE;  AMENDING
  7        CHAPTER  27,  TITLE  37,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
  8        37-2725, IDAHO CODE, TO PROVIDE AUTHORITY OF  THE  BOARD  OF  PHARMACY  TO
  9        APPROVE  FORMS  FOR PRESCRIPTIONS AND SPECIFY CERTAIN CONDITIONS; AMENDING
 10        CHAPTER 27, TITLE 37, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
 11        37-2726,  IDAHO CODE, TO GOVERN FILING OF PRESCRIPTIONS; AND AMENDING SEC-
 12        TION 37-2730A, IDAHO CODE, TO PROVIDE A CORRECT CODE CITATION.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 37-2722, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        37-2722.  PRESCRIPTIONS.  (a)  Except when dispensed directly by a practi-
 17    tioner, other than a pharmacy, to an ultimate user, no controlled substance in
 18    schedule II may be dispensed without the written prescription of a  practitio-
 19    ner. on an official blank furnished by the board.
 20        (b)  In emergency situations, as defined by rule of the board, schedule II
 21    drugs  may  be  dispensed  upon  oral  prescription of a practitioner, reduced
 22    promptly to writing and filed by the pharmacy. Prescriptions shall be retained
 23    in conformity with the requirements of section 37-2720, Idaho  Code.  No  pre-
 24    scription for a schedule II substance may be refilled.
 25        (c)  Except  when dispensed directly by a practitioner, other than a phar-
 26    macy, to an ultimate user, a controlled substance included in schedule III  or
 27    IV, which is a prescription drug as determined under this act or regulation of
 28    the bureau or the board, shall not be dispensed without a written or oral pre-
 29    scription  of a practitioner. The prescription shall not be filled or refilled
 30    more than six (6) months after the date thereof or be refilled more than  five
 31    (5) times, unless renewed by the practitioner.
 32        (d)  A  controlled  substance included in schedule V shall not be distrib-
 33    uted or dispensed other than for a medical purpose.
 34        (e)  Solely for the purpose of allowing the dispensing of controlled  sub-
 35    stances  pursuant to the prescription of an individual licensed in a jurisdic-
 36    tion other than the state of Idaho, and for no other purpose under  this  act,
 37    with  respect  to  the  written  or  oral  prescription of a "practitioner" as
 38    required under subsections  (a),  (b)  and  (c)  of  this  section,  the  term
 39    "practitioner"  shall  also include a physician, dentist, veterinarian, scien-
 40    tific investigator or other individual, other than a pharmacy  licensed  in  a
 41    jurisdiction  other  than the state of Idaho, and permitted by such license to
 42    dispense, conduct research with respect to or administer the  prescribed  con-
 43    trolled  substance  in  the course of his professional practice or research in
                                                                        
                                           2
                                                                        
  1    such jurisdiction, so long as the individual is acting  within  the  jurisdic-
  2    tion, scope and authority of his license when issuing the written or oral pre-
  3    scription.
                                                                        
  4        SECTION  2.  That  Section 37-2724, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        37-2724.  USE IN HOSPITAL -- FORM OF ORDER  --  RECORD  --  NURSING  HOME,
  7    EXTENDED  CARE  FACILITY.  An  order  for  schedule  II substance for use by a
  8    patient in a county or licensed hospital, or in a  licensed  nursing  home  or
  9    extended  care  facility  employing  a unit dose distribution system, shall be
 10    exempt from all requirements of this act with reference to the writing of pre-
 11    scriptions on official duplicate blanks,  but  shall  be  in  writing  on  the
 12    patient's  record, signed by the prescriber, dated, and shall state  the name,
 13    strength and dosage schedule of the drug ordered. A direct copy of this  order
 14    will  be  furnished  within seventy-two (72) hours to the pharmacist supplying
 15    the medication. The record of said orders and the administration record  shall
 16    be  maintained  as  a  record  in  the hospital, nursing home or extended care
 17    facility for a minimum of three (3) years and shall be available  for  inspec-
 18    tion by all inspectors of the board.
                                                                        
 19        SECTION  3.  That Sections 37-2725, 37-2726, 37-2727, 37-2728, 37-2729 and
 20    37-2730, Idaho Code, be, and the same are hereby repealed.
                                                                        
 21        SECTION 4.  That Chapter 27, Title 37, Idaho Code, be,  and  the  same  is
 22    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 23    ignated as Section 37-2725, Idaho Code, and to read as follows:
                                                                        
 24        37-2725.  PRESCRIPTION REQUIRED -- PRESCRIPTION BLANKS  --  POSSESSION  --
 25    TRANSFERENCE -- CONTENTS. (1)  A prescription shall be required for all sched-
 26    uled drugs. Except as provided in subsection (5) of this section, written pre-
 27    scriptions shall be on prescription forms approved by the board and shall uti-
 28    lize nonalterable paper that contains security provisions against copying that
 29    results in some indication on the copy that it is a copy and therefore render-
 30    ing  it  null  and  void and shall incorporate such other security measures as
 31    deemed necessary by the board.
 32        (2)  Prescription blanks shall not be transferable. Any person  possessing
 33    any such blank otherwise than is herein provided is guilty of a misdemeanor.
 34        (3)  The prescription blank shall contain the name and address of the pre-
 35    scriber.
 36        (4)  Except  as provided in section 37-2722, Idaho Code, if a prescription
 37    is for a schedule II substance, the  prescriber  shall  indicate  the  desired
 38    quantity  of  the  scheduled drug on the prescription form by both writing out
 39    the quantity and by indicating or writing the quantity in numerical form.
 40        (5)  Prescription blanks issued by the board prior  to  January  1,  2002,
 41    shall  remain  valid  and may be used by prescribers until July 1, 2002. After
 42    July 1, 2002, only prescription blanks approved by the board pursuant to  sub-
 43    section (1) of this section shall be valid.
 44        (6)  Prescription  blanks  or  drugs  lost  or  stolen must be immediately
 45    reported to the board.
                                                                        
 46        SECTION 5.  That Chapter 27, Title 37, Idaho Code, be,  and  the  same  is
 47    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 48    ignated as Section 37-2726, Idaho Code, and to read as follows:
                                                                        
                                           3
                                                                        
  1        37-2726.  FILING PRESCRIPTIONS. All  controlled  substances  prescriptions
  2    shall be filed with the board electronically or by other method as required by
  3    board  rule.  The board may require the filing of other prescriptions by board
  4    rule.
                                                                        
  5        SECTION 6.  That Section 37-2730A, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:
                                                                        
  7        37-2730A.  PRESCRIPTION  TRACKING  PROGRAM. (1) The board shall maintain a
  8    program to track the prescriptions for controlled substances  that  are  filed
  9    with the board under section 37-273026, Idaho Code, for the purpose of assist-
 10    ing  in  identifying  illegal activity related to the dispensing of controlled
 11    substances and for the purpose of assisting the board in providing information
 12    to patients, practitioners and pharmacists to assist in avoiding inappropriate
 13    use of controlled substances.  The  tracking  program  and  any  data  created
 14    thereby shall be administered by the board.
 15        (2)  The  board  shall  use  the information obtained through the tracking
 16    program in identifying activity it reasonably suspects may be in violation  of
 17    this  chapter or medical assistance law. The board may report this information
 18    to the appropriate law enforcement agency,  medicaid  or  medicare  agency  or
 19    licensing  board.  The board may provide the agency or board with the relevant
 20    information in the board's possession, including information obtained from the
 21    tracking program, for further investigation, or other appropriate law enforce-
 22    ment or administrative enforcement use.
 23        (3)  The board may, in its discretion, authorize  release  of  information
 24    from  the  tracking  program  to patients, practitioners and pharmacists where
 25    release of such information may be of assistance  in  preventing  or  avoiding
 26    inappropriate use of controlled substances.
 27        (4)  Information  obtained from the program is confidential and, except as
 28    otherwise provided by this section, must not be disclosed by the board  or  by
 29    any  recipient  of  such  information  from  the board, provided however, such
 30    information must be disclosed:
 31        (a)  Upon the request of a person about  whom  the  information  requested
 32        concerns or upon the request on his behalf by his attorney; or
 33        (b)  Upon the lawful order of a court of competent jurisdiction.
 34        (5)  Information,  which does not identify individual patients, practitio-
 35    ners or dispensing pharmacists or pharmacies, may be released by the board for
 36    educational, research or public information purposes.
 37        (6)  Unless there is shown malice or criminal intent or  gross  negligence
 38    or  reckless,  willful  and wanton conduct as defined in section 6-904C, Idaho
 39    Code, the state of Idaho, the board, any other state agency, or any person, or
 40    entity in proper possession of information as herein  provided  shall  not  be
 41    subject to any liability or action for money damages or other legal or equita-
 42    ble relief by reason of any of the following:
 43        (a)  The furnishing of information under the conditions herein provided;
 44        (b)  The receiving and use of, or reliance on, such information;
 45        (c)  The fact that any such information was not furnished; or
 46        (d)  The  fact  that  such  information  was  factually  incorrect  or was
 47        released by the board to the wrong person or entity.
 48        (7)  The board may apply for any available grants and  accept  any  gifts,
 49    grants  or  donations  to  assist  in  developing  and maintaining the program
 50    required by this section.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
        
                           RS 11147C1
        
This legislation replaces the current duplicate prescription

forms with forms that utilize non-alterable, non-copyable paper

for prescriptions for all scheduled drugs. As an additional

precaution against fraudulent misuse, a prescriber is required to

write out the number prescribed as well as writing it numerically

for schedule II prescriptions.
        
        
        
This change will reduce the need for the prescriber to have two

sets of prescription pads but maintain, and possibly even

improve, the security needed to prevent fraudulent procurement of

scheduled substances.
        
        
        
        
                     FISCAL IMPACT
        
This change will have no impact on the general fund.
        
  
        
Contact
Name:   Rep. Margaret Henbest
Phone:  332—1130
        Idaho Medical Association - 344-7888
        


STATEMENT OF PURPOSE/FISCAL NOTE                    H 331