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H0611aa...............................................by HEALTH AND WELFARE
PRESCRIPTIONS - Amends existing law to revise provisions applicable to the
validity of prescription drug orders.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/23 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 62-0-8
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins,
Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Black, Boe, Brackett, Ring, Sayler,
Trail, Wood
Floor Sponsor - Rusche
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Coiner
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 117
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 611
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PHARMACISTS; AMENDING SECTION 54-1733, IDAHO CODE, TO REVISE PRO-
3 VISIONS APPLICABLE TO THE VALIDITY OF PRESCRIPTION DRUG ORDERS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 54-1733, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-1733. VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug
8 order for a legend drug is not valid unless it is issued for a legitimate med-
9 ical purpose arising from a prescriber-patient relationship which includes a
10 documented patient history and physical evaluation adequate to establish diag-
11 noses and identify underlying conditions and/or contraindications to the
12 treatment. Treatment, including issuing a prescription or drug order, based
13 solely on an online questionnaire or consultation does not constitute a legit-
14 imate medical purpose. A prescription or drug order may be issued either:
15 (a) Bby a practitioner acting in the usual course of his profession,; or
16 (b) Bby a physician, dentist, veterinarian, scientific investigator or
17 other person, other than a pharmacist, who is licensed in a jurisdiction
18 other than the state of Idaho and is permitted by such license to dis-
19 pense, conduct research with respect to or administer the prescribed leg-
20 end drugs in the course of his professional practice or research in such
21 jurisdiction, so long as the individual is acting within the jurisdiction,
22 scope and authority of his license when issuing the prescription or drug
23 order.
24 (2) It is unlawful for a practitioner to knowingly issue an invalid pre-
25 scription or drug order for a legend drug.
26 (3) It is unlawful for a pharmacist or veterinarian to knowingly fill an
27 invalid prescription or drug order for a legend drug.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Rusche
Seconded by Loertscher
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 611
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 10, delete "history and physical";
3 and in line 13, following "consultation" insert: "outside of an ongoing clini-
4 cal relationship".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 611, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PHARMACISTS; AMENDING SECTION 54-1733, IDAHO CODE, TO REVISE PRO-
3 VISIONS APPLICABLE TO THE VALIDITY OF PRESCRIPTION DRUG ORDERS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 54-1733, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-1733. VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug
8 order for a legend drug is not valid unless it is issued for a legitimate med-
9 ical purpose arising from a prescriber-patient relationship which includes a
10 documented patient evaluation adequate to establish diagnoses and identify
11 underlying conditions and/or contraindications to the treatment. Treatment,
12 including issuing a prescription or drug order, based solely on an online
13 questionnaire or consultation outside of an ongoing clinical relationship does
14 not constitute a legitimate medical purpose. A prescription or drug order may
15 be issued either:
16 (a) Bby a practitioner acting in the usual course of his profession,; or
17 (b) Bby a physician, dentist, veterinarian, scientific investigator or
18 other person, other than a pharmacist, who is licensed in a jurisdiction
19 other than the state of Idaho and is permitted by such license to dis-
20 pense, conduct research with respect to or administer the prescribed leg-
21 end drugs in the course of his professional practice or research in such
22 jurisdiction, so long as the individual is acting within the jurisdiction,
23 scope and authority of his license when issuing the prescription or drug
24 order.
25 (2) It is unlawful for a practitioner to knowingly issue an invalid pre-
26 scription or drug order for a legend drug.
27 (3) It is unlawful for a pharmacist or veterinarian to knowingly fill an
28 invalid prescription or drug order for a legend drug.
STATEMENT OF PURPOSE
RS 15456c1
The proposed legislation will amend Idaho Code 54-1733.
This legislative change addresses the growing problem of drugs
available over the Internet by clarifying in the definition of
the appropriate prescriber/patient relationship required to
support prescriptions. The new definition is based on language
adopted by the federation of State Medical Boards of the United
States.
FISCAL NOTE
There will be no fiscal impact from the passage of this
legislation.
CONTACT
Name: Richard K. "Mick" Markuson
Agency: Pharmacy, Board of
Phone: 334-2356
STATEMENT OF PURPOSE/FISCAL NOTE H 611