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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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 be10exempt from all requirements of this act with reference to the writing of pre-11scriptions on official duplicate blanks, butshall 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 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