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 548 Engrossed 2018 Regular Session Dustin Miller
Abstract: Requires prescribers to transmit opioid prescriptions to pharmacies electronically.
Proposed law requires prescribers of opiod prescriptions to transmit request electronically.
Proposed law provides that any cost, fees, or expenses incurred for the transfer of an electronically
transmitted prescription may be charged to the pharmacy, provided the cost, fee, or expense is
consistent between every pharmacy in this state.
Proposed law provides that a pharmacy can only be charged once for a medication and only if the
prescription is filled.
Proposed law provides the following as exceptions to electronic prescriptions:
(1) Veterinarians.
(2) Circumstances where electronic prescribing is not available due to temporary technological or
electrical failure.
(3) By a practitioner to be dispensed by a pharmacy located outside the state.
(4) When the prescriber and dispenser are the same entity.
(5) Elements that are not supported by the most recently implemented version of the National
Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard.
(6) Issued by a practitioner for a drug that the federal Food and Drug Administration requires the
prescription to contain certain elements that are not able to be accomplished with electronic
prescribing.
(7) By a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to
a standing order, approved protocol for drug therapy, collaborative drug management or
comprehensive medication management, in response to a public health emergency, or other
circumstances where the practitioner may issue a non-patient specific prescription.
(8) By a practitioner prescribing a drug under a research protocol. (9) By practitioners who have received a waiver or a renewal thereof from the requirement to use
electronic prescribing.
(10) By a practitioner under circumstances where, notwithstanding the practitioner's present ability
to make an electronic prescription as required by this Subsection, such practitioner reasonably
determines that it would be impractical for the patient to obtain substances prescribed by electronic
prescription in a timely manner, and such delay would adversely impact the patient's medical
condition.
Proposed law provides for minimum data requirements in dispensing prescriptions.
Proposed law provides that the minimum penalty for violating electronic prescriptions of opioids
shall constitute unprofessional conduct and grounds for disciplinary action by the prescribing
prescribers health profession licensing board.
Proposed law provides that no patient prescription drug information or other information acquired
from an electronic prescription or prescription form, may be used for data mining.
Proposed law provides for definitions.
Proposed law allows each professional licensing board to establish rules to carry out proposed law.
(Adds R.S. 37:1701.1-1701.3 )
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Limit mandatory electronic prescriptions to only opioids.
2. Add that any cost, fees, or expenses incurred for the transfer of an electronically
transmitted prescription may be charged to the pharmacy, provided the cost, fee, or
expense is consistent between every pharmacy in this state.
3. Add that a pharmacy can only be charged once for a medication and only if the
prescription is filled.
4. Add minimum data requirements in dispensing prescriptions.
5. Add that no patient prescription drug information or other information acquired from an
electronic prescription or prescription form, may be used for data mining.
6. Add penalties. 7. Add definitions.
8. Make technical changes.