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S1077.................................................by HEALTH AND WELFARE PHARMACISTS - Amends existing law relating to pharmacists to remove the requirement that the license number of a nurse in a licensed health care facility be provided for a facsimile transmitted prescription drug order. 02/02 Senate intro - 1st rdg - to printing 02/05 Rpt prt - to Health/Wel 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/15 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Little Floor Sponsor - Broadsword Title apvd - to House 02/16 House intro - 1st rdg - to Health/Wel 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Chavez, Harwood, Henbest, Henderson, Moyle, Roberts Floor Sponsor - Nielsen Title apvd - to Senate 03/20 To enrol 03/21 Rpt enrol - Pres signed - Sp signed 03/22 To Governor 03/28 Governor signed Session Law Chapter 245 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1077 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PHARMACISTS; AMENDING SECTION 54-1733, IDAHO CODE, TO REMOVE THE 3 REQUIREMENT THAT THE LICENSE NUMBER OF A NURSE IN A LICENSED HEALTH CARE 4 FACILITY BE PROVIDED FOR A FACSIMILE TRANSMITTED PRESCRIPTION DRUG ORDER 5 AND TO MAKE TECHNICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 54-1733, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 54-1733. VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug 10 order for a legend drug is not valid unless it is issued for a legitimate med- 11 ical purpose arising from a prescriber-patient relationship which includes a 12 documented patient evaluation adequate to establish diagnoses and identify 13 underlying conditions and/or contraindications to the treatment. Treatment, 14 including issuing a prescription or drug order, based solely on an online 15 questionnaire or consultation outside of an ongoing clinical relationship does 16 not constitute a legitimate medical purpose. A prescription or drug order may 17 be issued either: 18 (a) By a practitioner acting in the usual course of his profession; or 19 (b) By a physician, dentist, veterinarian, scientific investigator or 20 other person, other than a pharmacist, who is licensed in a jurisdiction 21 other than the state of Idaho and is permitted by such license to dis- 22 pense, conduct research with respect to or administer the prescribed leg- 23 end drugs in the course of his professional practice or research in such 24 jurisdiction, so long as the individual is acting within the jurisdiction, 25 scope and authority of his license when issuing the prescription or drug 26 order. 27 (ac) The prescription drug order may be signed and sent electronically 28 pursuant to chapter 50, title 28, Idaho Code. 29 (bd) Transmission of prescription drug order. In addition to delivery of 30 the original signed written prescription to a licensed pharmacy: 31 (i) A prescription drug order that has been signed by the practi- 32 tioner may be received by a licensed pharmacy for dispensing purposes 33 through a facsimile transmission from the prescribing practitioner or 34 the practitioner's agent, or from a health care facility for a 35 patient or resident in such facility; 36 (ii) A prescription drug order may also be received by a licensed 37 pharmacist verbally from the practitioner, the practitioner's agent 38 or from a licensed practical nurse or licensed professional nurse in 39 a health care facility for a patient or resident in such facility; 40 (iii) A prescription drug order received verbally from the practitio- 41 ner by a licensed practical nurse or licensed professional nurse in a 42 licensed health care facility for a patient or resident in such 43 facility may also be sent by facsimile transmission from the health 2 1 care facility to a licensed pharmacy for dispensing purposes provided 2 the transmitted document includes the name of the prescriber issuing 3 the prescription drug order, the nameand license numberof the nurse 4 who transcribed the order and the name of the person who sent the 5 facsimile. 6 (2) It is unlawful for a practitioner to knowingly issue an invalid pre- 7 scription or drug order for a legend drug. 8 (3) It is unlawful for a pharmacist or veterinarian to knowingly fill an 9 invalid prescription or drug order for a legend drug.
STATEMENT OF PURPOSE RS 16749 The purpose of this legislative is to simplify the process of transmitting a prescription to a pharmacist via facsimile from a health care facility. FISCAL NOTE There is no fiscal impact. Contact Name: Robert Vande Merwe, Idaho Health Care Association Phone: 343-9735 STATEMENT OF PURPOSE/FISCAL NOTE S 1077