1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 522 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BROWN (26). |
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8 | 8 | | 1879S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 195.070, RSMo, and to enact in lieu thereof one new section relating to the |
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11 | 11 | | administration of certain controlled substances by certified registered nurse |
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12 | 12 | | anesthetists. |
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13 | 13 | | |
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14 | 14 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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15 | 15 | | Section A. Section 195.070, RSMo, is repealed and one new 1 |
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16 | 16 | | section enacted in lieu thereof, to be known as section 195.070, 2 |
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17 | 17 | | to read as follows:3 |
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18 | 18 | | 195.070. 1. A physician, podiatrist, dentist, a 1 |
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19 | 19 | | registered optometrist certified to administer 2 |
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20 | 20 | | pharmaceutical agents as provided in section 336.220, or an 3 |
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21 | 21 | | assistant physician in accordance with section 334 .037 or a 4 |
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22 | 22 | | physician assistant in accordance with section 334.747 in 5 |
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23 | 23 | | good faith and in the course of his or her professional 6 |
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24 | 24 | | practice only, may prescribe, administer, and dispense 7 |
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25 | 25 | | controlled substances or he or she may cause the same to be 8 |
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26 | 26 | | administered or dispensed by an individual as authorized by 9 |
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27 | 27 | | statute. 10 |
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28 | 28 | | 2. An advanced practice registered nurse, as defined 11 |
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29 | 29 | | in section 335.016, but not a certified registered nurse 12 |
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30 | 30 | | anesthetist as defined in subdivision (8) of section 13 |
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31 | 31 | | 335.016, who holds a certi ficate of controlled substance 14 |
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32 | 32 | | prescriptive authority from the board of nursing under 15 |
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33 | 33 | | section 335.019 and who is delegated the authority to 16 |
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34 | 34 | | prescribe controlled substances under a collaborative 17 SB 522 2 |
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35 | 35 | | practice arrangement under section 334.104 may prescribe a ny 18 |
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36 | 36 | | controlled substances listed in Schedules III, IV, and V of 19 |
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37 | 37 | | section 195.017, and may have restricted authority in 20 |
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38 | 38 | | Schedule II. Prescriptions for Schedule II medications 21 |
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39 | 39 | | prescribed by an advanced practice registered nurse who has 22 |
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40 | 40 | | a certificate of controlled substance prescriptive authority 23 |
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41 | 41 | | are restricted to only those medications containing 24 |
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42 | 42 | | hydrocodone and Schedule II controlled substances for 25 |
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43 | 43 | | hospice patients pursuant to the provisions of section 26 |
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44 | 44 | | 334.104. However, no such certified advanced pr actice 27 |
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45 | 45 | | registered nurse shall prescribe controlled substance for 28 |
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46 | 46 | | his or her own self or family. Schedule III narcotic 29 |
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47 | 47 | | controlled substance and Schedule II - hydrocodone 30 |
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48 | 48 | | prescriptions shall be limited to a one hundred twenty -hour 31 |
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49 | 49 | | supply without refill . 32 |
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50 | 50 | | 3. A certified registered nurse anesthetist, as such 33 |
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51 | 51 | | term is defined in section 335.016, may select, issue orders 34 |
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52 | 52 | | for, and administer controlled substances listed in 35 |
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53 | 53 | | Schedules II, III, IV, and V of section 195.017 for and 36 |
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54 | 54 | | during the course of p roviding anesthesia care to a patient 37 |
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55 | 55 | | in a licensed facility pursuant to state law. The 38 |
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56 | 56 | | provisions of this subsection shall not be construed as 39 |
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57 | 57 | | authorizing a certified registered nurse anesthetist to 40 |
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58 | 58 | | prescribe such controlled substances. Notwithstanding any 41 |
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59 | 59 | | other provision of law to the contrary, a certified 42 |
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60 | 60 | | registered nurse anesthetist shall not be required to obtain 43 |
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61 | 61 | | a certificate of controlled substance prescriptive authority 44 |
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62 | 62 | | from the board of nursing under section 335.019 in order to 45 |
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63 | 63 | | exercise the authority provided by this subsection. 46 |
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64 | 64 | | [3.] 4. A veterinarian, in good faith and in the 47 |
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65 | 65 | | course of the veterinarian's professional practice only, and 48 |
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66 | 66 | | not for use by a human being, may prescribe, administer, and 49 SB 522 3 |
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67 | 67 | | dispense controlled substances a nd the veterinarian may 50 |
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68 | 68 | | cause them to be administered by an assistant or orderly 51 |
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69 | 69 | | under his or her direction and supervision. 52 |
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70 | 70 | | [4.] 5. A practitioner shall not accept any portion 53 |
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71 | 71 | | of a controlled substance unused by a patient, for any 54 |
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72 | 72 | | reason, if such practitioner did not originally dispense the 55 |
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73 | 73 | | drug, except: 56 |
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74 | 74 | | (1) When the controlled substance is delivered to the 57 |
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75 | 75 | | practitioner to administer to the patient for whom the 58 |
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76 | 76 | | medication is prescribed as authorized by federal law. 59 |
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77 | 77 | | Practitioners shall maintain records and secure the 60 |
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78 | 78 | | medication as required by this chapter and regulations 61 |
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79 | 79 | | promulgated pursuant to this chapter; or 62 |
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80 | 80 | | (2) As provided in section 195.265. 63 |
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81 | 81 | | [5.] 6. An individual practitioner shall not 64 |
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82 | 82 | | prescribe or dispense a contro lled substance for such 65 |
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83 | 83 | | practitioner's personal use except in a medical emergency. 66 |
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84 | 84 | | |
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