2002 Legislation
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SENATE BILL NO. 1417 – Prescription blanks, form/content


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Daily Data Tracking History

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,
    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

Bill Text

  ||||              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
  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:
 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
 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 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 / Fiscal Impact

                        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