Bill Text: NH HB143 | 2021 | Regular Session | Introduced


Bill Title: Relative to an electronic prescription drug program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-04 - Introduced (in recess of) 01/06/2021 and referred to Health, Human Services and Elderly Affairs [HB143 Detail]

Download: New_Hampshire-2021-HB143-Introduced.html

HB 143  - AS INTRODUCED

 

 

2021 SESSION

21-0105

10/05

 

HOUSE BILL 143

 

AN ACT relative to an electronic prescription drug program.

 

SPONSORS: Rep. Merchant, Sull. 4

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0105

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to an electronic prescription drug program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Pharmacists and Pharmacies; Prescriptions.  Amend RSA 318:47-c, I(b) to read as follows:

(b)  A patient shall be entitled to receive a paper prescription instead of an oral or electronically transmitted prescription, except prescriptions for controlled drugs as defined in RSA 318-B:1, VI.

2  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.

(6)  In circumstances where electronic prescribing is not available due to RSA 318-B:2, VI-a.

(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.

3  New Paragraph; Controlled Drug Act; Acts Prohibited.  Amend RSA 318-B:2 by inserting after paragraph VI the following new paragraph:

VI-a.  No person or entity shall issue clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.

4  New Paragraph; Consumer Protection; Acts Unlawful.  Amend RSA 358-A:2 by inserting after paragraph XVII the following new paragraph:

XVIII.  Issuing clinical decision support alerts or similar notices, warnings, or announcements by means of electronic health record software or similar electronic means designed to increase prescriptions for scheduled drug products, in violation of the Anti-Kickback Statute 42 U.S.C. section 1320a-7b(b), or with the intent to defraud the United States pursuant to 18 U.S.C. section 371.

5  New Subparagraph; Controlled Drug Prescription Health and Safety Program; Dispenser Report.  Amend RSA 318-B:33, IV by inserting after subparagraph (o) the following new subparagraph:

(p)   The format of the prescription: electronic, faxed, written, oral, or other.

6  Effective Date.  This act shall take effect January 1, 2022.

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