Print Friendly SENATE BILL NO. 1417 – Prescription blanks, form/content
SENATE BILL NO. 1417
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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
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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN 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-
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 shall be on prescription forms approved by the board comply with
13 federal law and shall utilize nonalterable noncopyable 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 shall
16 incorporate 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
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 the pre-
28 scriber practitioner. 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
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, the prescriber practitioner shall indicate the
5 desired quantity of the scheduled drug on the prescription form blank 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 to January
9 1, 2002, the effective date of this act shall remain valid and may be used by
10 prescribers until July 1, 2002. After July 1, 2002, only prescription blanks
11 approved by the board pursuant to subsection (1) of this section shall be
12 valid practitioners 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
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.
This bill will have no impact on the General Fund.
Contact: Ken McClure
STATEMENT OF PURPOSE/FISCAL NOTE S 1417