Consideration of Prescriptions Issued Within Six Months Prior to Positive Confirmed Drug Result

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  1. As used in this section:
    1. “Issued” means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and
    2. “Valid prescription” means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a licensed pharmacy.
  2. Notwithstanding this chapter to the contrary, the medical review officer shall only consider prescriptions issued within six (6) months prior to a positive confirmed drug result for purposes of determining a valid prescription and immunity from actions authorized by this chapter following a positive confirmed drug result.


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