Revision: Dec. 2, 2019, 2:38 p.m.
HB 1332 - AS INTRODUCED
2020 SESSION
20-2422
01/10
HOUSE BILL 1332
AN ACT relative to an electronic prescription drug program.
SPONSORS: Rep. Merchant, Sull. 4; Rep. Massimilla, Graf. 1; Rep. Woods, Merr. 23; Rep. Mangipudi, Hills. 35
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill requires electronic prescribing for controlled drugs under certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2422
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to an electronic prescription drug program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Pharmacists and Pharmacies; Prescriptions. Amend RSA 318:47-c by inserting after paragraph II the following new paragraph:
III.(a) Notwithstanding any provision of law to the contrary, no person shall issue a prescription for a controlled drug unless the prescription is made by electronic prescription from the person issuing the prescription to a pharmacy and the electronic prescription contains the information and signature required in paragraph II, except for prescriptions issued:
(1) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure.
(2) By a practitioner to be dispensed by a pharmacy located outside of New Hampshire, provided that such pharmacy complies with the laws and regulations of the state where the pharmacy is located.
(3) When the prescriber is the dispenser.
(4) By a practitioner for a drug that the federal Food and Drug Administration (FDA) requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing.
(5) By practitioners who have received a waiver or a renewal thereof for a specified period determined by the board, not to exceed one year, from the requirement to use electronic prescribing, pursuant to a process established in rules of the board, due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner.
(b) A pharmacist who receives a written, oral, or faxed prescription shall not be required to verify that the prescription properly falls under one of the exceptions under subparagraph (a). Pharmacists may continue to dispense medications from otherwise valid written, oral, or faxed prescriptions that are consistent with this section.
2 Effective Date. This act shall take effect 60 days after its passage.