2007 Legislation
Print Friendly

SENATE BILL NO. 1077 – Prescriptn, fax, nurse license no.

SENATE BILL NO. 1077

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN 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 name and license number of 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 / Fiscal Impact



                       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