HB4111 S H&HR AM #1 2-17
Dellinger 7965
The Committee on Health and Human Resources moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.
§30-3E-3. Rulemaking.
(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; and may
(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 rules
shall provide, at a minimum, a state formulary classifying those categories of
drugs which shall 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. 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