SENATE BILL REPORT

HB 2014

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Since October 2008, federal law has required all Medicaid prescriptions be written on tamper-resistant prescription pads. These are pads with properties that prevent unauthorized copying of a completed or blank prescription form, erasure or modification or information written on the prescription by the prescriber, or the creation of counterfeit prescription forms. The requirement does not apply when the prescription is communicated by the prescriber to the pharmacy electronically, verbally, or by fax; when a managed-care entity pays for the prescription; in most institutional or clinical facilities; or in cases of emergency prescriptions.

Summary of Bill: Beginning January 1, 2010, all prescriptions written by a licensed practitioner in the state must be done on a tamper-resistant prescription pad or paper approved by the Board of Pharmacy. A pharmacist may not fill a prescription unless it complies with this requirement, except when providing emergency supplies. Any hard copy of an electronic prescription that is given directly to a patient must also comply.

Tamper-resistant is described with the same characteristics as described by federal law. All tamper-resistant pads and paper must be approved by the Board of Pharmacy before being marketed to pharmacists. The board will develop and use a seal of approval for tamper-resistant products.

Prescriptions transmitted to the pharmacy by telephone, fax, or electronically are exempt. Prescriptions written for individuals in hospitals, nursing homes, mental health facilities, and correctional facilities are also exempt.