SLS 18RS-329 ORIGINAL
2018 Regular Session
SENATE BILL NO. 368
BY SENATOR BOUDREAUX
HEALTH CARE. Provides relative to mandatory use of electronic prescriptions. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 37:1701 and to repeal R.S. 37:1702 and 1703, relative to
3 electronic prescriptions; to provide for mandatory use of electronic prescriptions; to
4 provide for exceptions; to provide for penalties; to provide for rulemaking; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1701 is hereby amended and reenacted to read as follows:
8 ยง1701. Prescription; name of patient and prescription; label; penalties
9 A. Each physician, surgeon, optometrist, medical psychologist, advanced
10 practice registered nurse, physician assistant, and dentist upon writing issuing a
11 prescription shall write include the name of the patient and the trade name, or the
12 generic name, or the most commonly used name on the prescription issued.
13 B. Notwithstanding any provision of law to the contrary, effective
14 January 1, 2019, no physician, surgeon, optometrist, medical psychologist,
15 advanced practice registered nurse, physician assistant, or dentist shall issue
16 any prescription in this state unless such prescription is generated by electronic
17 means from the prescriber issuing the prescription to a pharmacy. The
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 368
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1 provisions of this Subsection shall not apply to prescriptions issued:
2 (1) By veterinarians.
3 (2) In circumstances where electronic prescribing is not available due to
4 temporary technological or electrical failure.
5 (3) By a prescriber to be dispensed by a pharmacy located outside the
6 state.
7 (4) When the prescriber and dispenser are the same entity.
8 (5) That include elements that are not supported by the most recently
9 implemented version of the National Council for Prescription Drug Programs
10 Prescriber and Pharmacist Interface SCRIPT Standard.
11 (6) By a prescriber for a drug that the United States Food and Drug
12 Administration requires the prescription to contain certain elements that are
13 not able to be accomplished with electronic prescribing.
14 (7) By a prescriber allowing for the dispensing of a nonpatient specific
15 prescription pursuant to a standing order, approved protocol for drug therapy,
16 collaborative drug management, or comprehensive medication management, in
17 response to a public health emergency or other circumstances where the
18 prescriber may issue a nonpatient specific prescription.
19 (8) By a prescriber prescribing a drug under a research protocol.
20 (9) By a prescriber who has received a waiver from the requirement to
21 use electronic prescribing due to economic hardship, technological limitations
22 that are not reasonably within the control of the practitioner, or other
23 exceptional circumstance demonstrated by the prescriber. Any waiver must be
24 issued by the prescriber's respective licensing board and shall in no event be
25 granted for more than one year.
26 (10) By a prescriber under circumstances where, notwithstanding the
27 prescriber's present ability to make an electronic prescription as required by
28 this Subsection, such prescriber reasonably determines that it would be
29 impractical for the patient to obtain substances prescribed by electronic
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 368
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1 prescription in a timely manner, and such delay would adversely impact the
2 patient's medical condition.
3 C. A pharmacist who receives a written, oral, or faxed prescription is not
4 required to verify that the prescription properly satisfies one of the exceptions
5 from the requirement to electronically prescribe as set forth in Subsection B of
6 this Section. Pharmacists may continue to dispense medications from otherwise
7 valid written, oral, or faxed prescriptions that are consistent with the laws and
8 regulations in effect on December 31, 2018.
9 B. D. No druggist, pharmacist, or dispensing physician shall fill any
10 prescription unless the name of the patient and the trade name, or the generic name,
11 or the most commonly used name of the prescription appears on the label, unless
12 otherwise specified by the physician, surgeon, optometrist, medical psychologist,
13 advanced practice registered nurse, physician assistant, or dentist.
14 E. All pharmacists, upon filling any prescription, shall first write or print
15 the name of the patient on the label which shall be securely attached to the
16 bottle, box, or package containing the medicine or drugs prescribed.
17 F. Any physician, surgeon, optometrist, medical psychologist, advanced
18 practice registered nurse, physician assistant, or dentist who violates the
19 provisions of this Section shall be fined two hundred fifty dollars for each
20 violation, not to exceed a total of five thousand dollars in one calendar year.
21 G. The Louisiana Board of Pharmacy shall promulgate rules and
22 regulations to implement and enforce Subsection B of this Section. Each health
23 profession licensing board that regulates prescribers shall promulgate rules and
24 regulations to implement and enforce Paragraph (B)(9) and Subsection F of this
25 Section.
26 Section 2. R.S. 37:1702 and 1703 are hereby repealed.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 368 Original 2018 Regular Session Boudreaux
Present law provides specifications for physicians, surgeons, optometrists, medical
psychologists, and dentists, upon writing a prescription. Proposed law adds advanced
practice registered nurses and physician assistants among the providers who have current
prescriptive authority and requires all prescriptions to be issued electronically on and after
January 1, 2019. Proposed law authorizes the Louisiana Board of Pharmacy to promulgate
rules governing electronic prescribing.
Proposed law provides ten exceptions to when a prescription must be electronic. Proposed
law provides for a hardship waiver as one of the ten exceptions. The hardship waiver cannot
be granted for more than one year. Proposed law authorizes the health profession licensing
boards who regulate prescribers to promulgate rules governing the hardship waiver.
Proposed law provides that a pharmacist is not required to verify that a prescriber has
properly satisfied one of the ten enumerated exceptions to mandatory electronic prescribing
if he receives a written, oral, or faxed prescription.
Present law provides that all pharmacists, upon filling any prescription, shall first write or
print the name of the patient on the label which shall be securely attached to the bottle, box,
or package containing the medicine or drugs prescribed. Proposed law retains present law.
Present law provides for penalties in the amount of not less than $5 nor more than $25, or
imprisonment for not less than ten days nor more than thirty days, or both. Proposed law
repeals present law and imposes penalties in the amount of $250 for each violation, not to
exceed $5,000 in one calendar year. Proposed law authorizes the health profession licensing
boards who regulate prescribers to promulgate rules governing the imposition of penalties.
Effective August 1, 2018.
(Amends R.S. 37:1701; repeals R.S. 37:1702 and 1703)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.