06 LC 29
2303S
The
House Committee on Health and Human Services offers the
following
substitute to HB 1191:
substitute to HB 1191:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to controlled substances, so as to require prescriptions for controlled
substances and dangerous drugs to have the
practitioneŕs
name printed below the
practitioneŕs
signature on such prescriptions; to amend Code Section 26-4-80 of the Official
Code of Georgia Annotated, relating to dispensing prescription drugs,
electronically transmitting drug orders, refills, and Schedule II controlled
substance prescriptions, so as to require a practitioner to have the
practitioneŕs
name printed below his or her signature; to change certain provisions relating
to requirements for transmitting prescriptions electronically or via facsimile;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
.
SECTION
1.
Chapter
13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled
substances, is amended by striking subsections (b) and (c) and paragraph (2) of
subsection (d) of Code Section 16-13-41, relating to prescriptions, and
inserting in lieu thereof the following:
"(b)
When a practitioner writes a prescription drug order to cause the dispensing of
a Schedule II substance, he or she shall include the name and address of the
person for whom it is prescribed, the kind and quantity of such Schedule II
controlled substance, the directions for taking, the signature, and the name,
address, telephone number, and DEA registration number of the prescribing
practitioner. Such
prescriptions
prescription
shall be signed and dated by the practitioner on the date when issued,
the printed
name of the practitioner shall be printed below the
practitioneŕs
signature, and the nature of such
signatures
signature
shall be defined in regulations promulgated by the State Board of Pharmacy.
Prescription drug orders for Schedule II controlled substances may be
transmitted via facsimile machine or other electronic means only in accordance
with regulations promulgated by the State Board of Pharmacy in accordance with
Code Section 26-4-80 or 26-4-80.1, or in accordance with DEA regulations at 21
C.F.R. 1306.
(c)
In emergency situations, as defined by rule of the State Board of Pharmacy,
Schedule II drugs may be dispensed upon oral prescription of a registered
practitioner, reduced promptly to
writing,
including the printed name of the practitioner which shall appear below the
signature of the practitioner, and filed
by the pharmacy. Prescriptions shall be retained in conformity with the
requirements of Code Section 16-13-39. No prescription for a Schedule II
substance may be
refilled."
"(2)
When a practitioner writes a prescription drug order to cause the dispensing of
a Schedule III, IV, or V controlled substance, he or she shall include the name
and address of the person for whom it is prescribed, the kind and quantity of
such controlled substance, the directions for taking, the signature, and the
name, address, telephone number, and DEA registration number of the
practitioner. Such
prescriptions
prescription
shall be signed and dated
or may be
issued orally by the practitioner on the
date when issued
or may be
issued orally,
the printed
name of the practitioner shall be printed below the
practitioneŕs
signature, and the nature of the signature
of the prescriber shall meet the guidelines set forth in Chapter 4 of Title 26,
the regulations promulgated by the State Board of Pharmacy, or both such
guidelines and
regulations."
SECTION
2.
Said
article is further amended by striking subsection (a) of Code Section 16-13-74,
relating to written prescriptions for dangerous drugs, the content, and
signature, and inserting in lieu thereof the following:
"(a)
All written prescription drug orders for dangerous drugs shall be dated as of,
and be signed on, the date when issued and shall bear the name and address of
the patient, together with the name and strength of the drug, the quantity to be
dispensed, complete directions for administration, the printed name, address,
and telephone number of the practitioner, and the number of permitted refills.
The printed
name of the practitioner shall be printed below the
practitioneŕs
signature. A prescription drug order for
a dangerous drug is not required to bear the DEA permit number of the
prescribing practitioner. A prescription drug order for a dangerous drug may be
prepared by the practitioner or the
practitioneŕs
agent. The
practitioneŕs
signature must appear on each prescription prepared by the practitioner or the
practitioneŕs
agent and the nature of the
practitioneŕs
signature must
appear above
the printed name of the practitioner and
meet the guidelines set forth in Chapter 4 of Title 26, the regulations
promulgated by the State Board of Pharmacy, or both such guidelines and
regulations. Any practitioner who shall dispense dangerous drugs shall comply
with the provisions of Code Section
16-13-73."
SECTION
3.
Code
Section 26-4-80 of the Official Code of Georgia Annotated, relating to
dispensing prescription drugs, electronically transmitting drug orders, refills,
and Schedule II controlled substance prescriptions, is amended by striking
subsection (b) and inserting in lieu thereof a new subsection (b) and by
striking subparagraph (c)(2)(G) and inserting in lieu thereof a new subparagraph
(c)(2)(G) to read as follows:
"(b)
Prescription drugs shall be dispensed only pursuant to a valid prescription drug
order. All
written prescription drug orders shall have the name of the practitioner printed
below the
practitioneŕs
signature. A pharmacist shall not
dispense a prescription which the pharmacist knows or should know is not a valid
prescription."
"(G)
The signature of the practitioner in a manner as defined in regulations
promulgated by the board or, in the case of a controlled substances
prescription, in accordance with 21 C.F.R. 1301.22;
the name of
the practitioner shall be printed below the
practitioneŕs
signature;"
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.