SLS 11RS-381 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 223
BY SENATOR MOUNT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROL DANGER SUBSTANCE. Allows the use of electronic prescribing. (gov sig)
AN ACT1
To amend and reenact R.S. 40:978(A) and (B) and R.S. 46:2622(17) and to enact R.S.2
40:978(D), relative to electronic prescribing; to allow for the electronic prescribing3
of certain controlled dangerous substances; to provide for definition of prescription4
for the purposes of the Louisiana Medical Assistance Trust Fund; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:978(A) and (B) are hereby amended and reenacted and R.S.8
40:978(D) is hereby enacted to read as follows:9
§978. Prescriptions 10
A. Except when dispensed or administered directly by a medical practitioner11
or administered by a person authorized to administer by such practitioner, other than12
a pharmacist, to an ultimate user, no controlled dangerous substance included in13
Schedule II, which is a prescription drug as determined under the Louisiana Revised14
Statutes, of 1950, may be dispensed or administered without either the written15
prescription of a practitioner, or an electronic prescription order as provided by16
federal law or regulation, except that in emergency situations, as prescribed by the17 SB NO. 223
SLS 11RS-381 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department by regulation, such drug may be dispensed or administered upon oral1
prescription reduced promptly to writing and filed by the pharmacist. Prescriptions2
shall be retained in conformity with the requirements of R.S. 40:976. No prescription3
for a Schedule II substance may be refilled.4
B. Except when dispensed or administered directly by a practitioner or5
administered by a person authorized to administer by such practitioner, other than6
a pharmacist, to an ultimate user, no controlled dangerous substance included in7
Schedule III and IV which is a prescription drug as determined under the Louisiana8
Revised Statutes may be dispensed or administered without either a written, or an9
oral prescription or an electronic prescription order as provided by federal law10
or regulation. Such prescription may not be filled or refilled more than six months11
after the date thereof or refilled more than five times after the date of the12
prescription, unless renewed by the practitioner.13
* * *14
D. Notwithstanding the requirements of this Section, a prescription for15
a controlled substance listed in Schedule II, III, IV, or V may be generated,16
signed, transmitted, and received in electronic form, but only in conformance17
with the federal rules established by the United States Drug Enforcement18
Administration at 21 CFR 1311.19
Section 2. R.S. 46:2622(17) is hereby amended and reenacted to read as follows:20
§2622. Definitions21
As used in this Chapter, the following terms shall have the following22
meanings:23
* * *24
(17) "Prescription" means a physician's order, written, or oral, or25
electronically transmitted for a drug, chemical, medicine, device, or a combination26
thereof, that is filled, compounded, or dispensed by a licensed or registered27
pharmacist or dispensing physician.28
* * *29 SB NO. 223
SLS 11RS-381 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Mount (SB 223)
Present law requires prescriptions for Schedule II controlled dangerous substances to be in
writing.
Proposed law retains present law and additionally allows a prescription for a Schedule II
controlled dangerous substances to be in an electronic format which is in accordance with
federal law and regulation.
Present law requires prescriptions for Schedule III and IV controlled dangerous substances
to be in writing or an oral prescription.
Proposed law retains present law and additionally allows a prescription for a Schedule III
and IV controlled dangerous substances to be in an electronic format which is in accordance
with federal law and regulation.
Proposed law provides that a prescription for a controlled substance listed in Schedule II, III,
IV, or V may be generated, signed, transmitted, and received in electronic form, but only in
conformance with the federal rules established by the United States Drug Enforcement
Administration at 21 CFR 1311.
Proposed law expands the definition of prescription to encompass an electronic prescription
order for the purposes of the Louisiana Medical Assistance Trust Fund.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:978(A) and (B) and R.S. 46:2622(17); adds R.S. 40:978(D))