CHAPTER 74
HB 1435-FN – FINAL VERSION
90
03Feb2010… 0259h
2010 SESSION
10/01
HOUSE BILL 1435-FN
AN ACT relative to the practitioner-patient relationship in the dispensing of prescriptions.
SPONSORS: Rep. Case, Rock 1; Rep. Wendelboe, Belk 1; Rep. Bulis, Graf 1; Rep. Donovan, Sull 4; Rep. Mann, Rock 1; Sen. Carson, Dist 14
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires that prescriptions submitted using an electronic or on-line medical history form establish a valid practitioner-patient relationship. A violation is a misdemeanor.
This bill was requested by the pharmacy board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Feb2010… 0259h
10-2455
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the practitioner-patient relationship in the dispensing of prescriptions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
74:1 New Paragraph; Pharmacists and Pharmacies; Definition Added. Amend RSA 318:1 by inserting after paragraph XV the following new paragraph:
XV-a. “Practitioner-patient relationship” means a medical connection between a licensed practitioner and a patient that includes an in-person exam, a history, a diagnosis, a treatment plan appropriate for the practitioner’s scope of practice, and documentation of all prescription drugs including name and dosage. A practitioner may prescribe for a patient whom the practitioner does not have a practitioner-patient relationship under the following circumstances: for a patient of another practitioner for whom the prescriber is taking call; for a patient examined by another New Hampshire licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient’s first appointment. The definition of a practitioner-patient relationship shall not apply to a practitioner licensed in another state who is consulting to a New Hampshire licensed practitioner with whom the patient has a relationship.
74:2 Prescriptions; Fraud or Deceit. Amend RSA 318:52-a to read as follows:
318:52-a Fraud or Deceit. It is unlawful to obtain or attempt to obtain a drug or device sold by prescription of a physician, dentist, veterinarian, or advanced practice registered nurse that bears a statement that it is to be dispensed or sold only by or on the prescription of a physician, dentist, veterinarian, or advanced practice registered nurse by:
[(a)] I. Fraud, deceit, misrepresentation or subterfuge;
[(b) by] II. The forgery or alteration of a prescription or of any written order;
[or (c) by] III. The concealment of a material fact;
[or (d)] IV. The use of a false name or the giving of a false address[.]; or
V. Submission of an electronic or on-line medical history form that fails to establish a valid practitioner-patient relationship.
74:3 Effective Date. This act shall take effect January 1, 2011.
Approved: May 19, 2010
Effective Date: January 1, 2011