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)