SLS 14RS-470 REENGROSSED
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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. (8/1/14)
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 limited dispensing of certain controlled substances;3
to provide for accessing the Prescription Monitoring Program in certain situations;4
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
SLS 14RS-470 REENGROSSED
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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.(1) The pharmacist shall not dispense more than a ten-day supply at6
a dosage not to exceed the United States Food and Drug Administration's7
approved labeling for the medication if the prescriber for such medication is not8
licensed by the state of Louisiana, and the medication is a Schedule II controlled9
dangerous substance. The dispensing pharmacist shall notify the prescriber of10
the supply dispensed and the cancellation of the remainder of the prescription.11
(2) Within ninety days of the dispensing of a medication pursuant to12
Paragraph (E)(1) of this Section, such a medication shall not be dispensed again13
for the individual by a prescriber not licensed by the state of Louisiana.14
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 not dispense more than a ten-day supply at a dosage not
to exceed the United States Food and Drug Administration's approved labeling for the
medication if the prescriber is not licensed by the state of Louisiana, and the medication is
a Schedule II controlled dangerous substance. Furthermore, the dispensing pharmacist shall
notify the prescriber of the supply dispensed and the cancellation of the remainder of the
prescription.
Proposed law provides within 90 days of the dispensing of a medication pursuant to
proposed law, such medication shall not be dispensed again for the individual by a prescriber
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 August 1, 2014.
(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.
Senate Floor Amendments to engrossed bill
1. Replaces the provision providing 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. Provides a provision providing a
pharmacist not dispense more than a ten-day supply at a dosage not to exceed
the United States Food and Drug Administration's approved labeling for the
medication if the prescriber is not licensed by the state of Louisiana, and the
medication is a Schedule II controlled dangerous substance.