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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, 2014
SENATE BILL NO. 496
BY SENATOR HEITMEIER
CONTROL DANGER SUBSTANCE. Provides for limits on certain prescriptions. (gov sig)
AN ACT1
To amend and reenact R.S. 40:978(A) and to enact R.S. 40:978(E) and (F), relative to2
prescriptions; to provide for the prohibition of dispensing certain controlled3
substances; to provide for accessing the Prescription Monitoring Program in certain4
situations; to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:978(A) is hereby amended and reenacted, and R.S. 40:978(E) and7
(F) are hereby enacted to read as follows: 8
ยง978. Prescriptions 9
A. Except when dispensed or administered directly by a medical practitioner10
or administered by a person authorized to administer by such practitioner, other than11
a pharmacist, to an ultimate user, no controlled dangerous substance included in12
Schedule II, which is a prescription drug as determined under the Louisiana Revised13
Statutes, of 1950, may be dispensed or administered without either the written14
prescription of a practitioner, or an electronic prescription order as provided by15
federal law or regulation, except that in emergency situations, as prescribed by the16
department by regulation, such drug may be dispensed or administered upon oral17 SB NO. 496
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
prescription reduced promptly to writing and filed by the pharmacist. Prescriptions1
shall be retained in conformity with the requirements of R.S. 40:976. No prescription2
for a Schedule II substance may be refilled nor may such prescription be filled3
more than ninety days after the date of the prescription.4
* * *5
E. A pharmacist shall not dispense any Schedule II controlled dangerous6
substance based upon a prescription of a prescriber who is not licensed by the7
state of Louisiana.8
F. A prescriber shall access the Prescription Monitoring Program prior9
to initially prescribing any Schedule II controlled dangerous substance to a10
patient for the treatment of non-cancer-related chronic or intractable pain.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 496)
Present law provides no prescription for a Schedule II substance may be refilled.
Proposed law provides a Schedule II prescription may not be filled more than 90 days after
the date of the prescription.
Proposed law provides a pharmacist shall not dispense any Schedule II controlled dangerous
substance upon a prescription of a prescriber who is not licensed by the state of Louisiana.
Proposed law provides a prescriber shall access the Prescription Monitoring Program prior
to initially prescribing any Schedule II controlled dangerous substance to a patient for the
treatment of non-cancer-related chronic or intractable pain.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:978(A); adds R.S. 40:978(E) and (F)) SB NO. 496
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Deletes the provisions prohibiting prescription for any controlled substance
being issued for more than 120 dosage units or a 30-day supply of the
maximum total daily dosage and the provision prohibiting more than three
controlled substance prescriptions issued for a patient by a licensed
practitioner during the same 30-day period.
2. Provides a pharmacist not dispense any Schedule II controlled dangerous
substance upon a prescription of a prescriber who is not licensed by the state
of Louisiana and a prescriber access the Prescription Monitoring Program
prior to initially prescribing any Schedule II controlled dangerous substance
to a patient for the treatment of non-cancer-related chronic or intractable
pain.