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S1417.................................................by HEALTH AND WELFARE PRESCRIPTION BLANKS - Amends existing law to specify requirements for the form and content of prescription blanks; to require rulemaking; and to prescribe violations. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Health/Wel 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 26-3-6 AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne NAYS -- Dunklin, Geddes, Wheeler Absent and excused -- Andreason, Frasure, Goedde, Marley, Sandy, Williams Floor Sponsor - Brandt Title apvd - to House 02/22 House intro - 1st rdg - to Health/Wel 03/01 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 66-2-2 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Sali, Sellman Absent and excused -- Clark, Gould Floor Sponsor - Henbest Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/27 Governor signed Session Law Chapter 367 Effective: 03/27/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1417 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PRESCRIPTION BLANKS; AMENDING SECTION 37-2725, IDAHO CODE, TO 3 SPECIFY REQUIREMENTS FOR THE FORM AND CONTENT OF PRESCRIPTION BLANKS, TO 4 REQUIRE RULEMAKING AND TO PRESCRIBE VIOLATIONS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 37-2725, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 37-2725. PRESCRIPTION REQUIRED -- PRESCRIPTION BLANKS -- POSSESSION -- 10 TRANSFERENCE -- CONTENTS. (1) A prescription shall be required for all sched- 11 uled drugs. Except as provided in subsection (57) of this section, written 12 prescriptions shallbe on prescription forms approved by the boardcomply with 13 federal law and shall utilizenonalterablenoncopyable paper that contains 14 security provisions against copying that results in some indication on the 15 copy that it is a copy and therefore rendering it null and void.and shall16incorporate such other security measures as deemed necessary by the board.17 Board rules, policies or requirements promulgated or issued to implement the 18 provisions of house bill no. 331 of the first regular session of the 19 fifty-sixth Idaho legislature that amended this section 37-2725, Idaho Code, 20 shall be null and void and without effect after June 30, 2002. The board shall 21 adopt rules using negotiated rulemaking procedures to implement the provisions 22 of this section that are consistent with, but no more stringent than the 23 requirements of this section and the federal requirements for prescription 24 blanks. 25 (2) Prescription blanks shall not be transferable. Any person possessing 26 any such blank otherwise than is herein provided is guilty of a misdemeanor. 27 (3) The prescription blank shall contain the name and address of thepre-28scriberpractitioner. Prescription blanks may contain the printed names of 29 multiple practitioners who are affiliated; provided however, such prescription 30 blanks shall contain a means (in addition to the signature of the practitio- 31 ner), such as a box or a check, for clear identification of the printed name 32 and address of the practitioner issuing the prescription. 33 (4) Prescriptions written by a practitioner in a hospital, nursing home, 34 ambulatory surgery center or other health care facility in which a practitio- 35 ner may attend a patient, other than his or her regular place of business, may 36 be written on prescription blanks kept or provided by that facility that con- 37 tains the name and address of that facility (but not necessarily of the prac- 38 titioner) provided the practitioner's name must be stamped, written or printed 39 on the completed prescription in a manner that is legible to a pharmacist. 40 (5) Failure of a practitioner to clearly mark the practitioner's printed 41 name and address on the prescription as required in subsection (3) of this 42 section, or to stamp, write or print the practitioner's name legibly as 43 required in subsection (4) of this section shall subject the practitioner to 2 1 appropriate discipline by the board. The disciplinary measures shall be estab- 2 lished by the board in a rule developed through negotiated rulemaking. 3 (6) Except as provided in section 37-2722, Idaho Code, if a prescription 4 is for a schedule II substance, theprescriberpractitioner shall indicate the 5 desired quantity of the scheduled drug on the prescriptionformblank by both 6 writing out the quantity and by indicating or writing the quantity in numeri- 7 cal form. 8 (57) Prescription blanks issued or approved by the board prior toJanuary91, 2002,the effective date of this act shall remain valid and may be used by 10prescribers until July 1, 2002. After July 1, 2002, only prescription blanks11approved by the board pursuant to subsection (1) of this section shall be12validpractitioners after the effective date of this act. 13 (68) Prescription blanks or drugs lost or stolen must be immediately 14 reported to the board. 15 SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval.
STATEMENT OF PURPOSE RS 11961 This legislation modifies the requirements for the form and contents of prescriptions for medicine. In 2001, legislation was enacted to make it more difficult to obtain prescription drugs without a proper prescription. The implementation of that legislation, however, has the potential to make prescription drugs more readily obtainable for those who wish to use them illegally. The implementation of that legislation also has caused unnecessary and unanticipated difficulty and inconvenience for prescribers. This legislation would correct the problem by allowing the use of certain kinds of prescription pads which were in use before the passage of last year’s legislation, while at the same time adopting reasonable additional assurances that a prescription will be legibly written by an authorized prescriber. FISCAL IMPACT This bill will have no impact on the General Fund. Contact: Ken McClure 388—1200 STATEMENT OF PURPOSE/FISCAL NOTE S 1417