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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 - 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
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