2005 Idaho Code - 54-1733 — VALIDITY OF PRESCRIPTION DRUG ORDERS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 17
                                 PHARMACISTS
    54-1733.  VALIDITY OF PRESCRIPTION DRUG ORDERS. (1) A prescription or drug
order for a legend drug is not valid unless it is issued for a legitimate
medical purpose arising from a prescriber-patient relationship which includes
a documented patient evaluation adequate to establish diagnoses and identify
underlying conditions and/or contraindications to the treatment. Treatment,
including issuing a prescription or drug order, based solely on an online
questionnaire or consultation outside of an ongoing clinical relationship does
not constitute a legitimate medical purpose. A prescription or drug order may
be issued either:
    (a)  By a practitioner acting in the usual course of his profession; or
    (b)  By a physician, dentist, veterinarian, scientific investigator or
    other person, other than a pharmacist, who is licensed in a jurisdiction
    other than the state of Idaho and is permitted by such license to
    dispense, conduct research with respect to or administer the prescribed
    legend drugs in the course of his professional practice or research in
    such jurisdiction, so long as the individual is acting within the
    jurisdiction, scope and authority of his license when issuing the
    prescription or drug order.
    [(c)] (a)  The prescription drug order may be signed and sent
    electronically pursuant to chapter 50, title 28, Idaho Code.
    [(d)] (b)  Transmission of prescription drug order. In addition to
    delivery of the original signed written prescription to a licensed
    pharmacy:
         (i)   A prescription drug order that has been signed by the
         practitioner may be received by a licensed pharmacy for dispensing
         purposes through a facsimile transmission from the prescribing
         practitioner or the practitioner's agent, or from a health care
         facility for a patient or resident in such facility;
         (ii)  A prescription drug order may also be received by a licensed
         pharmacist verbally from the practitioner, the practitioner's agent
         or from a licensed practical nurse or licensed professional nurse in
         a health care facility for a patient or resident in such facility;
         (iii) A prescription drug order received verbally from the
         practitioner by a licensed practical nurse or licensed professional
         nurse in a licensed health care facility for a patient or resident in
         such facility may also be sent by facsimile transmission from the
         health care facility to a licensed pharmacy for dispensing purposes
         provided the transmitted document includes the name of the prescriber
         issuing the prescription drug order, the name and license number of
         the nurse who transcribed the order and the name of the person who
         sent the facsimile.
    (2)  It is unlawful for a practitioner to knowingly issue an invalid
prescription or drug order for a legend drug.
    (3)  It is unlawful for a pharmacist or veterinarian to knowingly fill an
invalid prescription or drug order for a legend drug.