Relating to the practice of pharmacy, and providing for administrative penalties

The bill repeals and amends current Code provisions regarding the registration of pharmacist-interns, pharmacy technicians, and pharmacy support persons. The bill requires the board to adopt rules regarding the registration and practice of pharmacist-interns, pharmacy technicians, and pharmacy support persons. The bill prohibits the board from adopting rules pertaining to pharmacy support person registration which include any determination of the competency of the registered person or requiring continuing education. The bill allows the board to deny, suspend, or revoke a registration of a pharmacist-intern, pharmacy technician, or pharmacy support person based on a violation of certain laws and regulations. Responsibility for the actions of a pharmacist-intern, pharmacy technician, or pharmacy support person working under a pharmacist remains with the pharmacist. The bill allows a pharmacist to dispense, administer, monitor, and issue prescription drugs, biological products, and medication orders according to the pharmacist’s training and education and in accordance with the appropriate standard of care. The bill requires the board to specify by rule the procedures and fees to renew a pharmacist license and the penalties for late renewal or failure to renew a pharmacist license. The bill allows the board to discipline a pharmacist or refuse to issue a pharmacist license to a person for engaging in conduct outside the accepted standard of care that would be provided in a similar setting by a reasonable and prudent applicant or licensee and for displaying incapacity of a nature preventing engagement in the practice of pharmacy with reasonable skill, competence, and safety to the public. The bill strikes provisions regarding the issuance of a telepharmacy license and requires the board to adopt rules for the issuance of a telepharmacy license. The bill also strikes a requirement that a pharmacy license be issued in the name of the pharmacist in charge and not be transferable or assignable. The bill requires the board to adopt rules regarding the renewal of a nonresident pharmacy license and the penalties for a late renewal or failure to renew a nonresident pharmacy license. The bill allows the board to impose an administrative penalty of up to $500 on a licensee or registrant who engages in a practice regulated by Code chapter 155A without a current license or registration, employs a person without a current license or registration to engage in a practice regulated by Code chapter 155A, fails to complete the continuing education required for renewal of a license or registration, or fails any component of a routine inspection conducted by the board. An administrative penalty shall not be considered a disciplinary action or reported as discipline and shall be confidential. Under current law, the board can impose civil penalties not to exceed $25,000. The bill strikes current law regarding notifications submitted by a pharmacy to the board and requires the board to adopt rules for the reporting of pertinent changes related to activities performed pursuant to a license or registration issued under Code chapter 155A to the board by a licensed or registered person or business. The bill changes references to “inspectors” of the board to “compliance officers” of the board. The bill allows the board to conduct routine and unannounced inspections of any entity licensed by the board or location authorized to possess controlled substances or prescription devices. The bill strikes provisions allowing prescriptions issued before January 1, 2020, to be issued by nonelectronic means. The bill allows a pharmacist to exercise professional judgment by refilling a prescription without prescriber authorization in accordance with the appropriate standard of care and pursuant to rules established by the board. The bill allows a pharmacist to dispense a therapeutic substitution in lieu of a prescribed drug according to the professional judgment of the pharmacist unless the prescription states “dispense as written”. The board shall adopt rules on proper recording and notification of therapeutic substitutions. The bill allows funds and surcharges collected for a program to monitor impaired pharmacists, pharmacist-interns, or pharmacy technicians to be used to assist licensees and registrants with costs incurred for participation in the program. The bill allows the board to request criminal history data for all owners, managers, and principal employees and third-party logistics providers and wholesale distributors. The bill amends current provisions regarding statewide protocols under which a pharmacist can order and administer certain drugs. The bill allows the board to develop statewide protocols for the ordering and administration of prescription drugs, products, tests, treatments, immunizations, and vaccinations in consultation with the department of health and human services. Each protocol may define the prescription drugs, products, tests, treatments, immunizations, or vaccinations allowed to be ordered and administered, any training or qualification required to implement the protocol, and any additional requirements deemed appropriate by the board. The bill strikes provisions allowing a pharmacist to order and administer naloxone and nicotine replacement tobacco cessation products to patients ages years and older and to order and administer certain forms of point-of-care testing to patients ages years and older. The bill also strikes provisions requiring a pharmacist who orders or administers prescription drugs, products, tests, or treatments to maintain certain records, provide notice to a patient’s primary health care provider, and complete continuing education requirements. The bill allows the board to approve a pilot or demonstration research project of innovative applications in the practice of pharmacy to provide enhanced patient care, notwithstanding any provision of Code chapter 155A to the contrary.33 (delegation of functions).