HLS 17RS-493 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 192
BY REPRESENTATIVES MORENO, BAGLEY, HORTON, JOHNSON, RICHARD,
STAGNI, AND TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRUGS/CONTROLLED: Provides for limitations on the prescribing of opioids
1 AN ACT
2To enact R.S. 40:978(G) and (H), relative to opioid prescriptions; to provide for a seven-day
3 limit on prescriptions; to provide for exceptions to the limitation; to authorize a
4 prescription to be filled for a lesser quantity than the maximum prescribed amount;
5 and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:978(G) and (H) are hereby enacted to read as follows:
8 ยง978. Prescriptions
9 * * *
10 G.(1)(a) Except as provided in Paragraph (2) of this Subsection, when
11 issuing a first-time opioid prescription for outpatient use to an adult patient with an
12 acute condition, a medical practitioner shall not issue a prescription for more than
13 a seven-day supply.
14 (b) Except as provided in Paragraph (2) of this Subsection, a medical
15 practitioner shall not issue a prescription for an opioid to a minor for more than a
16 seven-day supply at any time and shall discuss with a parent or guardian of the minor
17 the risks associated with opioid use and the reasons why the prescription is
18 necessary.
19 (2) If, in the professional medical judgment of a medical practitioner, more
20 than a seven-day supply of an opioid is required to treat the adult or minor patient's
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-493 ENGROSSED
HB NO. 192
1 acute medical condition or is necessary for the treatment of chronic pain
2 management, pain associated with a cancer diagnosis, or for palliative care, the
3 practitioner may issue a prescription for the quantity needed to treat the patient's
4 acute medical condition or pain. The condition triggering the prescription of an
5 opioid for more than a seven-day supply shall be documented in the patient's medical
6 record and the practitioner shall indicate that a nonopioid alternative was not
7 appropriate to address the medical condition.
8 (3) This Subsection shall not apply to medications designed for the treatment
9 of substance abuse or opioid dependence.
10 H.(1) Prior to issuing a prescription for an opioid, a medical practitioner
11 shall do both of the following:
12 (a) Consult with the patient regarding the quantity of the opioid and the
13 patient's option to fill the prescription in a lesser quantity.
14 (b) Inform the patient of the risks associated with the opioid prescribed.
15 (2)(a) A pharmacist filling a prescription for an opioid may dispense the
16 prescribed substance in an amount less than the recommended full quantity indicated
17 on the prescription if requested by the patient and the prescription complies with the
18 provisions of this Section. The patient may request that the pharmacist fill an
19 additional amount not to exceed the remaining prescribed quantity in accordance
20 with 21 U.S.C. 829.
21 (b) If the dispensed amount is less than the recommended full quantity, the
22 pharmacist or a designee shall ensure that the actual dispensed amount is accurately
23 recorded in the prescription monitoring program. The pharmacist or a designee shall
24 also, within seven days, make a notation in the interoperable electronic health record
25 of the patient if the pharmacist has access to the record.
26 (c) Nothing in this Subsection shall be interpreted to conflict with or
27 supersede any other requirement established in this Section for a prescription of a
28 controlled dangerous substance or any requirements or conditions for drug
29 substitutions established by law.
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HB NO. 192
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)]
HB 192 Engrossed 2017 Regular Session Moreno
Abstract: Provides for a seven-day limit on certain opioid prescriptions.
Proposed law prohibits a medical practitioner from prescribing more than a seven-day supply
when issuing a first time opioid prescription for outpatient use to an adult patient with an
acute condition. Further prohibits a medical practitioner from issuing a prescription for
more than a seven-day supply of an opioid to a minor at any time and requires the
practitioner to discuss with a parent or guardian of the minor the risks associated with opioid
use and the reasons why the prescription is necessary.
Proposed law exempts prescriptions for more than a seven-day supply which, in the
professional medical judgment of the medical practitioner, are necessary to treat the adult
or minor patient's acute medical condition or are necessary for the treatment of chronic pain
management, pain associated with a cancer diagnosis, or for palliative care.
Proposed law requires a medical practitioner to do both of the following prior to issuing a
prescription for an opioid:
(1)Consult with the patient regarding the quantity of the opioid and the patient's option
to fill the prescription in a lesser quantity.
(2)Inform the patient of the risks associated with the opioid prescribed.
Proposed law authorizes a pharmacist filling a prescription for an opioid to dispense the
prescribed substance in an amount less than the recommended full quantity indicated on the
prescription if requested by the patient. Further authorizes the patient to request that the
pharmacist fill an additional amount not to exceed the remaining prescribed quantity in
accordance with federal law provisions regarding prescriptions for controlled dangerous
substances.
Proposed law requires, if the dispensed amount is less than the recommended full quantity,
the pharmacist or a designee to ensure that the actual dispensed amount is accurately
recorded in the prescription monitoring program. Further requires the pharmacist or a
designee to also, within seven days, make a notation in the interoperable electronic health
record of the patient if the pharmacist has access to the record.
(Adds R.S. 40:978(G) and (H))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Require partial refills to be made in accordance with federal law.
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CODING: Words in struck through type are deletions from existing law; words underscored
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