Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 223
BY SENATOR MOUNT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
department by regulation, such drug may be dispensed or administered upon oral18
prescription reduced promptly to writing and filed by the pharmacist. Prescriptions19
shall be retained in conformity with the requirements of R.S. 40:976. No prescription20
for a Schedule II substance may be refilled.21
B. Except when dispensed or administered directly by a practitioner or22
administered by a person authorized to administer by such practitioner, other than23
a pharmacist, to an ultimate user, no controlled dangerous substance included in24
Schedule III and IV which is a prescription drug as determined under the Louisiana25
ACT No. 155 SB NO. 223 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Revised Statutes may be dispensed or administered without either a written1
prescription, or an oral prescription, or an electronic prescription order as2
provided by federal law or regulation. Such prescription may not be filled or3
refilled more than six months after the date thereof or refilled more than five times4
after the date of the prescription, unless renewed by the practitioner.5
* * *6
D. Notwithstanding the requirements of this Section, a prescription for7
a controlled substance listed in Schedule II, III, IV, or V may be generated,8
signed, transmitted, and received in electronic form, but only in conformance9
with the federal rules established by the United States Drug Enforcement10
Administration at 21 CFR 1311.11
Section 2. R.S. 46:2622(17) is hereby amended and reenacted to read as follows:12
§2622. Definitions13
As used in this Chapter, the following terms shall have the following14
meanings:15
* * *16
(17) "Prescription" means a physician's order, written, or oral, or17
electronically transmitted for a drug, chemical, medicine, device, or a combination18
thereof, that is filled, compounded, or dispensed by a licensed or registered19
pharmacist or dispensing physician.20
* * *21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: