2001 REGULAR SESSION (71st)                                                                       A SB544 R2 992

Amendment No. 992

 

Assembly Amendment to Senate Bill No. 544  Second Reprint                                           (BDR 40‑400)

Proposed by: Committee on Health and Human Services

Amendment Box: Resolves conflict with A.B. No. 415. Makes substantive change.

Resolves Conflicts with: AB415

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, between lines 27 and 28, by inserting:

          “(5) If authorized by federal law, a prescription transmitted electronically is not required to be written and signed entirely by hand by the practitioner who issued the prescription.”.

     Amend section 1, page 2, line 43, by deleting “The” and inserting:

“Except as otherwise provided in this subsection, the”.

     Amend section 1, page 2, line 46, after “law.” by inserting:

“The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law.”.

     Amend sec. 11, page 5, by deleting lines 37 and 38 and inserting:

     “(d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the board.”.

     Amend sec. 11, page 6, by deleting lines 7 through 14 and inserting:

     “4.  Each written prescription must be written in such a manner that any”.

     Amend sec. 11, page 6, between lines 18 and 19, by inserting:

     “5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.

     6.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

     (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or

     (b) A voice recognition system, biometric identification technique or other security system approved by the board is used to identify the practitioner.”.

     Amend sec. 12, page 6, line 30, by deleting “or private”.

     Amend the bill as a whole by renumbering sections 13 through 15 as sections 14 through 16 and adding a new section designated sec. 13, following sec. 12, to read as follows:

     “Sec. 13. Section 2 of Assembly Bill No. 415 of this session is hereby amended to read as follows:

     Sec. 2.  NRS 639.0745 is hereby amended to read as follows:

     639.0745  1.  The board may adopt regulations concerning[:

     (a) The] the transfer of information between pharmacies relating to prescriptions.

     [(b)] 2.  The board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.

     [2.] The regulations must establish procedures to:

     (a) Ensure the security and confidentiality of the data that is transmitted between:

          (1) The practitioner and the pharmacy;

          (2) The practitioner and an insurer of the person for whom the prescription is issued; and

          (3) The pharmacy and an insurer of the person for whom the prescription is issued.

     (b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.

     (c) Verify the authenticity of a signature that is produced:

          (1) By the computer or other electronic device; or

          (2) Manually by the practitioner.

     3.  The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:

     (a) Misusing prescriptions to obtain excessive amounts of drugs.

     (b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.

FLUSH
 
The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.”.

     Amend sec. 15, page 7, by deleting lines 27 through 36 and inserting:

     “Sec. 16.  1.  This section and section 15 of this act become effective upon passage and approval.

     2.  Sections 1 and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and at 12:01 a.m. on October 1, 2001, for all other purposes.

     3.  Sections 2, 3, 4 and 6 to 10, inclusive, of this act become effective on July 1, 2001.

     4.  Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.

     5.  Section 14 of this act becomes effective at 12:02 a.m. on July 1, 2001.

     6.  Sections 11 and 13 of this act become effective at 12:01 a.m. on October 1, 2001.”.

     Amend the title of the bill, first line, by deleting “authorizing” and inserting “requiring”.