Louisiana 2015 Regular Session

Louisiana House Bill HCR10 Latest Draft

Bill / Introduced Version

                            HLS 15RS-1325	ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 10
BY REPRESENTATIVE BURFORD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRUGS/PRESCRIPTION:  Suspends rules of the La. Board of Pharmacy that invalidate
prescriptions with computer generated electronic signatures
1	A CONCURRENT RESOL UTION
2To suspend until sixty days after final adjournment of the 2016 Regular Session of the
3 Legislature of Louisiana the provisions of LAC 46.LIII.2511(C)(4), providing that 
4 prescriptions with computer generated electronic signatures are invalid.
5 WHEREAS, relative to the requirements for a written prescription to be valid, LAC
646.LIII.2511(C)(4) states, "The prescription shall be written with ink or indelible pencil,
7typewriter, or printed on a computer printer and shall be manually signed by the practitioner
8on the date issued in the same manner as he would sign a check or legal document (e.g.,  J.
9H. Smith or John H. Smith). Examples of invalid signatures include rubber stamps,
10signatures of anyone other than the prescriber, and computer generated signatures."; and 
11 WHEREAS, many medical providers have implemented electronic health record
12systems which generate electronic signatures which are authenticated and meet national
13Medicare/Medicaid standards; and 
14 WHEREAS, there is concern that the rule adopted by the Louisiana Board of
15Pharmacy goes beyond national standards, resulting in additional expenses for pharmacy and
16medical providers by requiring a written or oral verification of a computer generated
17electronic signature; and
18 WHEREAS, the Louisiana Board of Pharmacy has failed to address the concerns of
19providers that the state rule goes beyond national standards and imposes additional expenses
20on pharmacy and medical providers; and
Page 1 of 2 HLS 15RS-1325	ORIGINAL
HCR NO. 10
1 WHEREAS, the rule adopted by the Louisiana Board of Pharmacy has resulted in
2delayed treatment for patients; and
3 WHEREAS, R.S. 49:969 provides that the "legislature, by Concurrent Resolution,
4may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any
5fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency,
6board, or commission."
7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
8the provisions of LAC 46:LIII.2511(C)(4) providing that computer generated electronic
9signatures on prescriptions are invalid.
10 BE IT FURTHER RESOLVED that this suspension shall become effective upon
11adoption of this Resolution and shall extend through the sixtieth day after final adjournment
12of the 2016 Regular Session of the Legislature of Louisiana.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HCR 10 Original 2015 Regular Session	Burford
Suspends Louisiana Board of Pharmacy rule providing that computer generated electronic
signatures on prescriptions are invalid.
(Suspends LAC 46:LIII.2511(C)(4))
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