CHAPTER 195

(HB 1037)

Prescription of schedule II controlled drugs limited.


         ENTITLED, An Act to  revise certain provisions related to the prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners, and certified nurse midwives.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That subdivision (3) of § 36-4A-22 be amended to read as follows:

             (3)      Make a tentative medical diagnosis and institute therapy or referral; prescribe medications and provide drug samples or a limited supply of labeled medications, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than forty-eight hours thirty days , for symptoms and temporary pain relief; treat common childhood diseases; to assist in the follow-up treatment of geriatric and psychiatric disorders referred by the physicians. Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient's medical record;

     Section  2.  That subdivision (2) of § 36-9A-12 be amended to read as follows:

             (2)      The prescription of medications and provision of drug samples or a limited supply of labeled medications, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than forty-eight hours thirty days , for treatment of causative factors and symptoms. Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient's medical record;

     Section  3.  That subdivision (4) of § 36-9A-13 be amended to read as follows:

             (4)      Prescription of appropriate medications and provision of drug samples or a limited supply of appropriate labeled medications for individuals under the nurse midwife's care pursuant to the scope of practice defined in this section, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than forty-eight hours thirty days . Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient's medical record.

     Signed February 14, 2006
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