Revision: Dec. 15, 2009, midnight
HB 1623 – AS INTRODUCED
2010 SESSION
10/03
HOUSE BILL 1623
AN ACT requiring certain patient identification for a pharmacist to dispense a schedule II or III controlled drug.
SPONSORS: Rep. J. Day, Rock 13
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires a pharmacist to request identification of a patient before dispensing an order for a schedule II or III controlled drug.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2090
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT requiring certain patient identification for a pharmacist to dispense a schedule II or III controlled drug.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Positive Identification Required. Amend RSA 318-B by inserting after section 9 the following new section:
318-B:9-a Positive Identification Required.
I.(a) A pharmacist shall not dispense a controlled substance listed in schedule II or III to a patient or a patient’s agent without first determining, in the exercise of his or her professional judgment, that the order is valid. A pharmacist or pharmacist’s agent shall request the patient’s or patient’s agent’s identification prior to dispensing any controlled substance. Appropriate identification shall be in the form of:
(1) A valid driver’s license of the patient or patient’s agent, issued under New Hampshire law or the law of any other state;
(2) A valid military identification issued to either the patient or the patient’s agent; or
(3) Any other government issued photo identification document.
(b) If the patient or patient’s agent does not have the appropriate identification, the pharmacist may dispense the controlled substance only when the pharmacist determines, in the exercise of his or her professional judgment, that the order is valid and includes such information in the patient’s record. The commissioner may adopt, by rule under RSA 541-A, the required patient information for controlled drug dispensing and procedures for a pharmacist to verify the validity of a prescription for a controlled substance in which the pharmacist was not provided the required identification.
II. Any pharmacist that dispenses by mail, a controlled prescription drug, listed in schedule II or III shall be exempt from the requirement to obtain suitable identification for that prescription dispensed by mail.
III. Any controlled prescription drug listed in schedule II or III may be dispensed by a pharmacist upon an oral or electronic prescription if, before filling the prescription, the pharmacist reduces it to writing, pursuant to the requirements of RSA 318-B:9, III or records it electronically, if permitted by federal law. Such prescriptions shall contain the date of the oral or electronic authorization.
2 Effective Date. This act shall take effect January 1, 2011.