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Substitute Senate Bill No. 665

PUBLIC ACT NO. 96-203

AN ACT CONCERNING MEDICATION ORDERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 21a-251 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No controlled substances shall be dispensed or administered by hospitals, infirmaries or clinics except upon written order signed or initialed by the prescribing practitioner or upon an oral order of a prescribing practitioner which shall be confirmed by a written order which shall be signed or initialed by such prescribing practitioner within twenty-four hours after the giving of such oral order for schedule II controlled substances and within seventy-two hours after the giving of such oral order for other controlled substances.

(b) Original and continuing orders for schedule II controlled substances shall be limited to a period not exceeding seventy-two hours from the time the order is entered but may be extended for further periods of seventy-two hours each by the signing or initialing thereof by a prescribing practitioner; except that such orders for schedule II controlled substances of the nonnarcotic type, including but not limited to barbiturates and amphetamines, shall be limited to a period not exceeding seven days from the time the order is entered, but may be extended for additional periods of seven days each by the signing or initialing of the order by a prescribing practitioner.

(c) Original and continuing orders for schedule III, IV or V controlled substances shall be limited in duration as designated in the written order of the prescribing practitioner, but in no case shall such order be effective for more than thirty days.

(d) AN ORIGINAL OR CONTINUING MEDICATION ORDER FOR A CONTROLLED SUBSTANCE IN A HOSPITAL, AS DEFINED IN SUBSECTION (b) OF SECTION 19a-490, AS AMENDED, OR A HOSPICE LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH OR CERTIFIED PURSUANT TO 42 USC SECTION 1395x, MAY INCLUDE A RANGE OF DOSES THAT MAY BE ADMINISTERED BY A PHYSICIAN ASSISTANT LICENSED PURSUANT TO CHAPTER 370, A LICENSED NURSE OR AN ADVANCED PRACTICE REGISTERED NURSE LICENSED PURSUANT TO CHAPTER 378 OR A NURSE-MIDWIFE LICENSED PURSUANT TO CHAPTER 377. EACH SUCH HOSPITAL OR HOSPICE SHALL ESTABLISH A WRITTEN PROTOCOL THAT IDENTIFIES THE SPECIFIC DRUGS THAT MAY BE PRESCRIBED IN RANGES AND THAT LISTS CRITICAL ASSESSMENT PARAMETERS AND GUIDELINES TO BE CONSIDERED IN IMPLEMENTING SUCH ORDERS. THE COMMISSIONER OF CONSUMER PROTECTION, WITH THE ADVICE AND ASSISTANCE OF THE COMMISSIONER OF ANY OTHER STATE HEALTH CARE LICENSING AUTHORITY HAVING PRIMARY JURISDICTION OVER SUCH HOSPITAL OR HOSPICE, MAY REQUIRE THE MODIFICATION OF ANY PROTOCOL TO MEET THE REQUIREMENTS OF THIS SUBSECTION. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO RESTRICT THE USE OF PATIENT ADMINISTERED ANALGESIA THROUGH THE USE OF PUMPS OR SIMILAR DEVICES.

Sec. 2. Subsection (a) of section 21a-250 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A pharmacist, in good faith, may sell and dispense controlled substances to any person upon a prescription of a physician or of an osteopath, dentist, podiatrist, OPTOMETRIST veterinarian, physician assistant licensed pursuant to section 20-12b, advanced practice registered nurse, or nurse-midwife to the extent that they are authorized to prescribe such controlled substances. Except as otherwise provided by regulations adopted pursuant to section 21a-244, the person filling or refilling the prescription shall include the date of filling and his signature or initials on any prescription for controlled substances, and the prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of three years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter. The prescription shall not be filled or refilled unless permitted by federal food and drug laws, the federal Controlled Substances Act, and regulations adopted under this chapter.

Approved June 4, 1996. Effective October 1, 1996.

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