Bill Text: VA HB964 | 2010 | Regular Session | Prefiled
Bill Title: Schedule II drugs; pharmacist shall require identification in filling prescriptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-07 - Governor: Acts of Assembly Chapter text (CHAP0193) [HB964 Detail]
Download: Virginia-2010-HB964-Prefiled.html
10100082D Be it enacted by the General Assembly of Virginia: 1. That § 54.1-3303 of the Code of Virginia is amended and reenacted as follows: §54.1-3303. Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only. A. A prescription for a controlled substance may be issued only by a practitioner of medicine, osteopathy, podiatry, dentistry or veterinary medicine who is authorized to prescribe controlled substances, or by a licensed nurse practitioner pursuant to §54.1-2957.01, a licensed physician assistant pursuant to §54.1-2952.1, or a TPA-certified optometrist pursuant to Article 5 (§54.1-3222 et seq.) of Chapter 32 of this title. The prescription shall be issued for a medicinal or therapeutic purpose and may be issued only to persons or animals with whom the practitioner has a bona fide practitioner-patient relationship. For purposes of this section, a bona fide practitioner-patient-pharmacist relationship is one in which a practitioner prescribes, and a pharmacist dispenses, controlled substances in good faith to his patient for a medicinal or therapeutic purpose within the course of his professional practice. In addition, a bona fide practitioner-patient relationship means that the practitioner shall (i) ensure that a medical or drug history is obtained; (ii) provide information to the patient about the benefits and risks of the drug being prescribed; (iii) perform or have performed an appropriate examination of the patient, either physically or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically; except for medical emergencies, the examination of the patient shall have been performed by the practitioner himself, within the group in which he practices, or by a consulting practitioner prior to issuing a prescription; and (iv) initiate additional interventions and follow-up care, if necessary, especially if a prescribed drug may have serious side effects. Any practitioner who prescribes any controlled substance with the knowledge that the controlled substance will be used otherwise than medicinally or for therapeutic purposes shall be subject to the criminal penalties provided in §18.2-248 for violations of the provisions of law relating to the distribution or possession of controlled substances. B. In order to determine whether a prescription that appears questionable to the pharmacist results from a bona fide practitioner-patient relationship, the pharmacist shall contact the prescribing practitioner or his agent and verify the identity of the patient and name and quantity of the drug prescribed. The person knowingly filling an invalid prescription shall be subject to the criminal penalties provided in §18.2-248 for violations of the provisions of law relating to the sale, distribution or possession of controlled substances. No prescription shall be filled unless there is a bona fide practitioner-patient-pharmacist relationship. A prescription not issued in the usual course of treatment or for authorized research is not a valid prescription. C. In dispensing a Schedule II drug pursuant to a valid prescription, a pharmacist shall require proof of identification of the person filling such prescription, regardless of whether such person is the patient for whom the drug is prescribed. If such person is not the patient for whom the drug is prescribed, the pharmacist shall record the full name and address of such person and make a photocopy or electronic copy of his proof of identification. The pharmacy shall keep this information on file for a minimum of one year. For the purposes of this subsection, "proof of identification" means a driver's license, government-issued identification card, or other photo identification along with documentation of the person's current address.
|