HLS 18RS-599 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 548
BY REPRESENTATIVE DUSTIN MILLER
DRUGS/PRESCRIPTION: Requires that the prescribers transmit prescriptions for opioids
to pharmacies electronically
1 AN ACT
2To enact R.S. 37:1701.1 through 1701.3, relative to electronic prescriptions of opioids; to
3 provide for duties of prescription prescribers; to provide for mandatory electronic
4 prescriptions; to provide for the duties of the Louisiana Board of Medical Examiners,
5 Louisiana Board of Pharmacy, and the Louisiana State Board of Dentistry; to provide
6 for exceptions; to provide for penalties, to provide for rules and regulations; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 37:1701.1 through 1701.3 are hereby enacted to read as follows:
10 §1701.1. Electronic prescriptions
11 A. Notwithstanding any law to the contrary, effective January 1, 2020, no
12 physician, surgeon, optometrist, medical psychologist, dentist or any other opioid
13 prescriber, shall issue any prescription in this state unless such prescription is
14 generated by electronic prescription from the prescriber issuing the prescription
15 directly to a pharmacy of the patient's choice, or in the alternative, through a secure
16 electronic data intermediary to the pharmacy. No such data intermediary shall alter
17 or allow unauthorized access to prescription transactions.
18 B. (1) Any reasonable cost, fees, or expenses incurred for the transfer of an
19 electronically transmitted prescription may be charged to the pharmacy, provided the
20 cost, fee, or expense is consistent between every pharmacy in this state.
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-599 ENGROSSED
HB NO. 548
1 (2) A pharmacy can only be charged once for a medication and only if the
2 prescription is filled.
3 §1701.2. Exceptions, data requirements, and penalties
4 A. The prescribing of electronic prescriptions shall not apply to prescriptions
5 issued:
6 (1) By veterinarians.
7 (2) In circumstances where electronic prescribing is not available due to
8 temporary technological or electrical failure.
9 (3) By a practitioner to be dispensed by a pharmacy located outside the
10 state.
11 (4) When the prescriber and dispenser are the same entity.
12 (5) That include elements that are not supported by the most recently
13 implemented version of the National Council for Prescription Drug Programs
14 Prescriber/Pharmacist Interface SCRIPT Standard.
15 (6) By a practitioner for a drug that the federal Food and Drug
16 Administration requires the prescription to contain certain elements that are not able
17 to be accomplished with electronic prescribing.
18 (7) By a practitioner allowing for the dispensing of a non-patient specific
19 prescription pursuant to a standing order, approved protocol for drug therapy,
20 collaborative drug management or comprehensive medication management, in
21 response to a public health emergency, or other circumstances where the practitioner
22 may issue a non-patient specific prescription.
23 (8) By a practitioner prescribing a drug under a research protocol.
24 (9) By practitioners who have received a waiver or a renewal thereof from
25 the requirement to use electronic prescribing.
26 (10) By a practitioner under circumstances where, notwithstanding the
27 practitioner's present ability to make an electronic prescription as required by this
28 Subsection, such practitioner reasonably determines that it would be impractical for
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-599 ENGROSSED
HB NO. 548
1 the patient to obtain substances prescribed by electronic prescription in a timely
2 manner, and such delay would adversely impact the patient's medical condition.
3 B. Pharmacists may continue to dispense medications from otherwise valid
4 written, oral, or facsimile prescriptions that are consistent with current state laws and
5 regulations.
6 C. A practitioner dispensing prescriptions shall include minimum data
7 elements on each prescription label as required by rules promulgated by the
8 Louisiana Board of Pharmacy.
9 D. A pharmacy that receives an electronic prescription may, if the
10 prescription has not been dispensed, and at the request of the patient or patient's
11 authorized agent, transfer or forward the prescription to an alternative pharmacy
12 designated by the patient or patient's authorized agent, in compliance with rules
13 promulgated by the Louisiana Board of Pharmacy.
14 E. Notwithstanding any provision of law to the contrary, at minimum, a
15 violation of this Section shall constitute unprofessional conduct and grounds for
16 disciplinary action by the prescribing practitioners health profession licensing board.
17 Each health profession licensing board that regulates prescribers shall promulgate
18 rules to implement and enforce the provisions of this Section relative to prescribing
19 practitioners under their jurisdiction.
20 §1701.3. Patient prescription drug information
21 A. No patient prescription drug information or other information acquired
22 from an electronic prescription or prescription form, including de-identified
23 information, may be transferred, received, or used for data-mining, marketing, or
24 other transfer by a person or entity without the written consent of the patient or a
25 person authorized by law to act on behalf of the patient.
26 B. For the purpose of this Section, the following terms have the following
27 meaning:
28 (1) "Patient prescription drug information" means data that is conveyed by
29 or on behalf of a practitioner in ordering a prescription drug or device before being
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-599 ENGROSSED
HB NO. 548
1 dispensed and that identifies the patient as the recipient of the prescription drug or
2 device.
3 (2) "Data-mining" means the practice of electronically sorting data through
4 statistical modeling, intelligent technologies, and other methods in order to uncover
5 patterns, relationships, and any other indicator.
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.
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-599 ENGROSSED
HB NO. 548
(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.
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.