HB4111 H HHR AM #1
CR 3338
The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.
§30-3E-3. Rulemaking; Prescriptive Authority.
(a) The boards shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article, including:
(1) The extent to which physician assistants may practice in this state;
(2) The extent to which physician assistants may pronounce death;
(3) Requirements for licenses and temporary licenses;
(4) Requirements for practice notifications;
(5) Requirements for continuing education;
(6) Conduct of a licensee for which discipline may be imposed;
(7) The eligibility and extent to which a physician
assistant may prescribe, including: A state formulary classifying those
categories of drugs which may not be prescribed by a physician assistant,
including, but not limited to, Schedules I and II of the Uniform Controlled
Substances Act, antineoplastics, radiopharmaceuticals, and general anesthetics:
Provided, That a physician assistant or an advanced practice registered nurse
may prescribe no more than a three-day supply, without refill, of a drug listed
in the Uniform Controlled Substances Act as a Schedule II drug. Drugs listed
under Schedule III shall be limited to a 30-day supply without refill. In
addition to the above referenced provisions and restrictions and pursuant to a
practice notification as set forth in this article, the rules shall permit the
prescribing of an annual supply of any drug, with the exception of controlled
substances, which is prescribed for the treatment of a chronic condition, other
than chronic pain management. For the purposes of this section, a chronic
condition is a condition which lasts three months or more, generally cannot be
prevented by vaccines, can be controlled but not cured by medication, and does
not generally disappear. These conditions, with the exception of chronic pain,
include, but are not limited to, arthritis, asthma, cardiovascular disease,
cancer, diabetes, epilepsy and seizures, and obesity;
(8) A fee schedule; and
(9) Any other rules necessary to effectuate the provisions of this article.
(b) The boards may propose emergency rules pursuant to §29A-3-1 et seq. of this code to ensure conformity with this article.
(c) (1) A physician assistant may:
(A) Not prescribe a Schedule I.
(B) Prescribe a 3 day supply of a Schedule II narcotic;
(2) There are no other limitations on a physician assistant's prescribing authority, except as provided in §16-54-1 et seq.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-15a. Prescriptive authority for prescription drugs; coordination with Board of Pharmacy; rule-making authority.
(a) The board may, in its discretion, authorize an advanced
practice registered nurse to prescribe prescription drugs in accordance with
this article and all other applicable state and federal laws. An authorized
advanced practice registered nurse may write or sign prescriptions or transmit
prescriptions verbally or by other means of communication.
(b) The board shall promulgate legislative rules in
accordance with §29A-3-1 et seq. of this code of this code governing the
eligibility and extent to which an advanced practice registered nurse may
prescribe drugs. Such The rules shall provide, at a minimum, a state formulary
classifying those categories of drugs which shall may not be prescribed by
advanced practice registered nurse including, but not limited to, Schedules I
and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals
and general anesthetics: Provided, That an advanced practice registered nurse
may prescribe no more than a three-day supply, without refill, of a drug listed
in the Uniform Controlled Substances Act as a Schedule II drug. Drugs listed under
Schedule III shall be limited to a thirty-day supply without refill. In
addition to the above referenced provisions and restrictions and pursuant to a
collaborative agreement as set forth in §30-7-15b of this code, the rules shall
permit the prescribing of an annual supply of any drug, with the exception of
controlled substances, which is prescribed for the treatment of a chronic
condition, other than chronic pain management. For the purposes of this
section, a “chronic condition” is a condition which lasts three months or more,
generally cannot be prevented by vaccines, can be controlled but not cured by
medication and does not generally disappear. These conditions, with the
exception of chronic pain, include, but are not limited to, arthritis, asthma,
cardiovascular disease, cancer, diabetes, epilepsy and seizures, and obesity.
The prescriber authorized in this section shall note on the prescription the
chronic disease being treated.
(c) The board may promulgate emergency rules to implement
the provisions of this article pursuant to §29A-3-15 of this code.
(d) The board shall transmit to the Board of Pharmacy a
list of all advanced practice registered nurses with prescriptive authority.
The list shall include:
(1) The name of the authorized advanced practice registered
nurse;
(2) The prescriber's identification number assigned by the
board; and
(3) The effective date of prescriptive authority.
(a) An advanced practice registered nurse may:
(1) Not prescribe a Schedule I.
(2) Prescribe a 3 day supply of a Schedule II narcotic;
(b) There are no other limitations on an advanced practice registered nurse's prescribing authority, except as provided in §16-54-1 et seq.
Adopted
Rejected