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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 - 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
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