CSSB 158(L&C) AM: "An Act relating to pharmacists and pharmacies."
00CS FOR SENATE BILL NO. 158(L&C) am 01 "An Act relating to pharmacists and pharmacies." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.02.010(a) is amended to read: 04 (a) An acupuncturist licensed under AS 08.06, an audiologist licensed under 05 AS 08.11, a person licensed in the state as a chiropractor under AS 08.20, a dentist 06 under AS 08.36, a marital and family therapist licensed under AS 08.63, a medical 07 practitioner or osteopath under AS 08.64, a direct-entry midwife certified under 08 AS 08.65, a registered nurse under AS 08.68, an optometrist under AS 08.72, a 09 licensed [REGISTERED] pharmacist under AS 08.80, a physical therapist or 10 occupational therapist licensed under AS 08.84, a psychologist under AS 08.86, or a 11 clinical social worker licensed under AS 08.95, shall use as professional identification 12 appropriate letters or a title after that person's name which represents that person's 13 specific field of practice. The letters or title shall appear on all signs, stationery, or 14 other advertising in which the person offers or displays personal professional services
01 to the public. In addition, a person engaged in the practice of medicine or osteopathy 02 as defined in AS 08.64.380, or a person engaged in any manner in the healing arts who 03 diagnoses, treats, tests, or counsels other persons in relation to human health or disease 04 and uses the letters "M.D." or the title "doctor" or "physician" or another title that 05 tends to show that the person is willing or qualified to diagnose, treat, test, or counsel 06 another person, shall clarify the letters or title by adding the appropriate specialist 07 designation, if any, such as "dermatologist", "radiologist", "audiologist", "naturopath", 08 or the like. 09 * Sec. 2. AS 08.80 is amended by adding new sections to read: 10 Sec. 08.80.003. PRACTICE OF PHARMACY AS A PROFESSION. The 11 practice of pharmacy is declared to be a professional practice affecting the public 12 health, safety, and welfare and is subject to regulation and control in the public 13 interest. It is further declared to be a matter of public interest that only qualified 14 persons be permitted to engage in the practice of pharmacy, and to ensure the quality 15 of drugs and related devices distributed in the state. 16 Sec. 08.80.005. STATEMENT OF PURPOSE. It is the purpose of this chapter 17 to promote, preserve, and protect the public health, safety, and welfare by and through 18 the effective control and regulation of the practice of pharmacy. 19 * Sec. 3. AS 08.80.010 is amended by adding a new subsection to read: 20 (b) An officer elected by the board serves a term of one year and may not 21 serve more than four consecutive full terms in a specific office. 22 * Sec. 4. AS 08.80.030 is repealed and reenacted to read: 23 Sec. 08.80.030. POWERS AND DUTIES OF THE BOARD. (a) The board 24 is responsible for the control and regulation of the practice of pharmacy. 25 (b) In order to fulfill its responsibilities, the board has the powers necessary 26 for implementation and enforcement of this chapter, including the power to 27 (1) elect a president and secretary from its membership and adopt rules 28 for the conduct of its business; 29 (2) license by examination or by license transfer the applicants who are 30 qualified to engage in the practice of pharmacy; 31 (3) assist the department in inspections and investigations for violations
01 of this chapter, or of any other state or federal statute relating to the practice of 02 pharmacy; 03 (4) adopt regulations to carry out the purposes of this chapter; 04 (5) establish and enforce compliance with professional standards and 05 rules of conduct for pharmacists engaged in the practice of pharmacy; 06 (6) determine standards for recognition and approval of degree 07 programs of schools and colleges of pharmacy whose graduates shall be eligible for 08 licensure in this state, including the specification and enforcement of requirements for 09 practical training, including internships; 10 (7) establish for pharmacists and pharmacies minimum specifications 11 for the physical facilities, technical equipment, personnel, and procedures for the 12 storage, compounding, and dispensing of drugs or related devices, and for the 13 monitoring of drug therapy; 14 (8) enforce the provisions of this chapter relating to the conduct or 15 competence of pharmacists practicing in the state, and the suspension, revocation, or 16 restriction of licenses to engage in the practice of pharmacy; 17 (9) license and regulate the training, qualifications, and employment of 18 pharmacy interns and pharmacy technicians; 19 (10) issue licenses to persons engaged in the manufacture and 20 distribution of drugs and related devices. 21 * Sec. 5. AS 08.80.060 is amended to read: 22 Sec. 08.80.060. MEETINGS OF THE BOARD. The board shall meet at least 23 three times [ONCE] each year at the call of the president for the transaction of 24 business properly before it. The president shall also call the board into session when 25 requested in writing by at least two members. Meetings may be held telephonically 26 [THE SECRETARY SHALL GIVE AT LEAST 30 DAYS' WRITTEN NOTICE TO 27 ALL MEMBERS BEFORE A MEETING]. 28 * Sec. 6. AS 08.80.070 is amended to read: 29 Sec. 08.80.070. QUORUM. Four members constitute a quorum for the 30 transaction of business. However, when the board meets for the purpose of examining 31 applications for licensure [REGISTRATION], three members of the board constitute
01 a quorum. 02 * Sec. 7. AS 08.80.110 is repealed and reenacted to read: 03 Sec. 08.80.110. QUALIFICATIONS FOR LICENSURE BY EXAMINATION. 04 An applicant for licensure as a pharmacist shall 05 (1) be fluent in the reading, writing, and speaking of the English 06 language; 07 (2) furnish the board with at least two affidavits from reputable citizens 08 that the applicant has known for at least one year attesting to the applicant's good 09 moral character; 10 (3) be a graduate of a college in a degree program approved by the 11 board; 12 (4) pass an examination or examinations given by the board or 13 acceptable to the board under the score transfer process administered by the National 14 Association of Boards of Pharmacy; 15 (5) have completed internship training or another program that has been 16 approved by the board or demonstrated to the board's satisfaction that the applicant 17 has experience in the practice of pharmacy that meets or exceeds the minimum 18 internship requirements of the board. 19 * Sec. 8. AS 08.80.116 is repealed and reenacted to read: 20 Sec. 08.80.116. INTERNSHIP AND OTHER TRAINING PROGRAMS. (a) 21 An applicant for licensure by examination shall obtain practical experience in the 22 practice of pharmacy concurrent with or after college attendance, or both, under terms 23 and conditions the board shall determine. 24 (b) The board shall establish licensure requirements for interns and standards 25 for internship or other training programs that are necessary to qualify an applicant for 26 the licensure examination and shall also determine the qualifications of preceptors used 27 in practical experience programs. 28 * Sec. 9. AS 08.80.120 is repealed and reenacted to read: 29 Sec. 08.80.120. GRADING AND CONTENT OF EXAMINATION. The 30 examination or examinations shall be prepared to measure the competence of the 31 applicant to engage in the practice of pharmacy. The board may employ, cooperate,
01 and contract with an organization or consultant in the preparation and grading of an 02 examination, but shall retain sole discretion and responsibility for determining which 03 applicants have successfully passed the examinations. 04 * Sec. 10. AS 08.80 is amended by adding new sections to read: 05 Sec. 08.80.145. RECIPROCITY; LICENSE TRANSFER. If another 06 jurisdiction allows licensure in that jurisdiction of a pharmacist licensed in this state 07 under conditions similar to those in this section, the board may license as a pharmacist 08 in this state a person licensed as a pharmacist in the other jurisdiction if the person 09 (1) submits a written application to the board on a form required by the 10 board; 11 (2) is at least 18 years of age; 12 (3) is of good moral character; 13 (4) possesses at the time of the request for licensure as a pharmacist 14 in this state the qualifications necessary to be eligible for licensure in this state; 15 (5) has engaged in the practice of pharmacy for at least one year or has 16 met the internship requirements of this state within the one-year period immediately 17 before applying for a license under this section; 18 (6) presents proof satisfactory to the board that the person is currently 19 licensed as a pharmacist in the other jurisdiction and has never had a pharmacist 20 license suspended, revoked, or otherwise restricted except for failure to apply for 21 renewal or failure to obtain the required continuing education credits; and 22 (7) pays all required fees. 23 Sec. 08.80.147. RENEWAL OF LICENSURE. If a pharmacist fails to apply 24 for renewal of a license within five years from the expiration of the license, the person 25 must pass an examination for license renewal, except that a person who has continually 26 practiced pharmacy in another state under a license issued by the authority of that state 27 may renew an expired license in this state upon fulfillment of the requirements that 28 may be established by the board. 29 * Sec. 11. AS 08.80.150 is repealed and reenacted to read: 30 Sec. 08.80.150. TEMPORARY LICENSE. The board shall adopt regulations 31 regarding the issuance of a temporary license to practice pharmacy.
01 * Sec. 12. AS 08.80.155 is repealed and reenacted to read: 02 Sec. 08.80.155. EMERGENCY PERMIT. The board shall adopt regulations 03 regarding the issuance of an emergency permit to practice pharmacy. 04 * Sec. 13. AS 08.80.157 is repealed and reenacted to read: 05 Sec. 08.80.157. LICENSING OF FACILITIES. (a) A facility engaged in the 06 practice of pharmacy or in the manufacture, production, or wholesale distribution of 07 drugs or devices, and a pharmacy where drugs or devices are dispensed, shall be 08 licensed by the board, and shall renew the license at intervals determined by the board. 09 If operations are conducted at more than one location, each location shall be licensed 10 by the board. 11 (b) The board may by regulation determine the licensure classifications of 12 facilities and establish minimum standards for the facilities. 13 (c) The board shall establish by regulation the criteria that a facility must meet 14 to qualify for licensure in each classification. The board may issue licenses with 15 varying restrictions to facilities when the board considers it necessary to protect the 16 public interest. 17 (d) The board may deny or refuse to renew a license if it determines that the 18 granting or renewing of the license would not be in the public interest. 19 (e) Licenses issued by the board are not transferable or assignable. 20 (f) The board shall specify by regulation the minimum standards for 21 responsibility of a facility or pharmacy that has employees or personnel engaged in the 22 practice of pharmacy or engaged in the manufacture, wholesale distribution, 23 production, or use of drugs or devices in the conduct of its business. 24 (g) A licensed facility shall report to the board 25 (1) permanent closing; 26 (2) change of ownership, management, location, or pharmacist-in-charge 27 of a pharmacy; 28 (3) theft or loss of drugs or devices as defined by regulations of the 29 board; 30 (4) conviction of an employee of violation of a state or federal drug 31 law;
01 (5) disasters, accidents, theft, destruction, or loss relating to records 02 required to be maintained by state or federal law; 03 (6) occurrences of significant adverse drug reactions as defined by 04 regulations of the board; 05 (7) other matters and occurrences the board may require by regulation. 06 (h) The board may suspend, revoke, deny, or refuse to renew the license of a 07 facility or pharmacy on the following grounds: 08 (1) the finding by the board of violations of a federal, state, or local 09 law relating to the practice of pharmacy, drug samples, wholesale or retail drug or 10 device distribution, or distribution of controlled substances; 11 (2) a felony conviction under federal, state, or local law of the facility, 12 pharmacy, or an employee of the facility or pharmacy; 13 (3) the furnishing of false or fraudulent material in an application made 14 in connection with drug or device manufacturing or distribution; 15 (4) suspension or revocation by federal, state, or local government of 16 a license currently or previously held by the applicant for the manufacture or 17 distribution of drugs or devices, including controlled substances; 18 (5) obtaining remuneration by fraud, misrepresentation, or deception; 19 (6) dealing with drugs or devices that are known or should have been 20 known to be stolen drugs or devices; 21 (7) dispensing or distributing drugs or devices directly to patients by 22 a wholesale drug distributor other than a pharmacy; 23 (8) violation of this chapter or a regulation adopted under this chapter. 24 (i) The board's regulations under (b) - (d) and (f) of this section may not 25 establish more stringent licensing requirements for the facilities governed by 26 AS 08.80.390 than are set out in AS 08.80.390. 27 (j) This section does not apply to the offices of physicians, physician 28 assistants, advanced nurse practitioners, dentists, veterinarians, dispensing opticians, 29 or optometrists. 30 * Sec. 14. AS 08.80.160 is amended to read: 31 Sec. 08.80.160. FEES. The Department of Commerce and Economic
01 Development shall set fees under AS 08.01.065 for the following: 02 (1) examination; 03 (2) reexamination; 04 (3) investigation for licensing by license transfer [CREDENTIALS]; 05 (4) pharmacist license; 06 (5) temporary license; 07 (6) wholesale drug distributor [DEALER] license; 08 (7) retail pharmacy license; 09 (8) pharmacy intern license [REGISTRATION]; 10 (9) emergency permit; 11 (10) hospital pharmacy license (inpatient and outpatient); 12 (11) hospital drug room license (inpatient); 13 (12) nursing home and related facilities license for inpatient dispensing; 14 (13) license amendment or replacement; 15 (14) registration of a pharmacy located outside of the state. 16 * Sec. 15. AS 08.80 is amended by adding a new section to read: 17 Sec. 08.80.165. CONTINUING EDUCATION REQUIREMENTS. The board 18 shall establish requirements for continuing education in pharmacy that must be satisfied 19 before a license issued under this chapter may be renewed. 20 * Sec. 16. AS 08.80.261 is amended to read: 21 Sec. 08.80.261. GROUNDS FOR IMPOSITION OF DISCIPLINARY 22 SANCTIONS. The board may, after a hearing, impose a disciplinary sanction 23 authorized under AS 08.01.075 on a person licensed under this chapter when the 24 board finds that the licensee 25 (1) secured a license through deceit, fraud, or intentional 26 misrepresentation; 27 (2) engaged in deceit, fraud, or intentional misrepresentation in the 28 course of providing professional services or engaging in professional activities; 29 (3) advertised professional services in a false or misleading manner; 30 (4) has been convicted of a felony or has been convicted of another 31 [OTHER] crime that affects the licensee's ability to continue to practice competently
01 and safely; 02 (5) intentionally or negligently engaged in or permitted the performance 03 of patient care by persons under the licensee's supervision that does not conform to 04 minimum professional standards regardless of whether actual injury to the patient 05 occurred; 06 (6) failed to comply with this chapter, with a regulation adopted under 07 this chapter, or with an order of the board; 08 (7) is incapable of engaging in the practice of pharmacy with 09 reasonable skill, competence, and safety for the public because of [CONTINUED 10 TO PRACTICE AFTER BECOMING UNFIT DUE TO] 11 (A) professional incompetence; 12 (B) failure to keep informed of or use current professional 13 theories or practices; 14 (C) addiction or severe dependency on alcohol or a drug that 15 impairs the licensee's ability to practice safely; 16 (D) physical or mental disability; or 17 (E) other factors determined by the board; 18 (8) engaged in [LEWD OR IMMORAL] conduct involving moral 19 turpitude or gross immorality [IN CONNECTION WITH THE DELIVERY OF 20 PROFESSIONAL SERVICE TO PATIENTS]; 21 (9) made a controlled substance available to a person except upon 22 prescription issued by a person licensed to prescribe controlled substances; 23 (10) was convicted of selling federal legend drugs without the 24 prescription of a person licensed to prescribe federal legend drugs; 25 (11) violated state or federal laws or regulations pertaining to [THE 26 PROVISION OF ADEQUATE SECURITY FOR DANGEROUS] drugs or 27 pharmacies; 28 (12) failed to report relevant information to the board about a 29 pharmacist or pharmacy intern that the licensee knew or suspected was incapable 30 of engaging in the practice of pharmacy with reasonable skill, competence, and 31 safety to the public;
01 (13) aided another person to engage in the practice of pharmacy 02 or to use the title of "pharmacist" or "pharmacy intern" without a license; or 03 (14) engaged in unprofessional conduct, as defined in regulations 04 of the board. 05 * Sec. 17. AS 08.80.261 is amended by adding a new subsection to read: 06 (b) The board may place under seal all drugs that are owned by or in the 07 possession, custody, or control of a licensee at the time a license is suspended or 08 revoked or at the time the board refuses to renew a license. Except for perishable 09 items, the drugs may not be disposed of until the licensee has exhausted administrative 10 and judicial remedies relating to the licensing action. Perishable items may be sold 11 upon order of the court with the proceeds to be deposited with the court. The board 12 shall notify the Department of Health and Social Services about drugs placed under 13 seal under this subsection. 14 * Sec. 18. AS 08.80.295 is repealed and reenacted to read: 15 Sec. 08.80.295. SUBSTITUTION OF EQUIVALENT DRUG PRODUCTS. 16 (a) Unless the prescription indicates that it is to be dispensed only as written, the 17 pharmacist may, with the consent of the patient, substitute an equivalent drug product. 18 (b) A pharmacist who substitutes an equivalent drug product in compliance 19 with this section and applicable regulations incurs no greater liability in filling the 20 prescription than would be incurred in filling the prescription by dispensing the 21 prescribed name brand product. 22 * Sec. 19. AS 08.80 is amended by adding a new section to read: 23 Sec. 08.80.315. CONFIDENTIALITY OF RECORDS. Information maintained 24 by a pharmacist in the patient's records or that is communicated to the patient as part 25 of patient counseling is confidential and may be released only to 26 (1) the patient or as the patient directs; 27 (2) a practitioner or pharmacist when, in the pharmacist's professional 28 judgment, release is necessary to protect the patient's health and well-being; and 29 (3) other persons or governmental agencies authorized by law to receive 30 confidential information. 31 * Sec. 20. AS 08.80.330(a) is amended to read:
01 (a) Each pharmacy shall have a pharmacist-in-charge. Whenever an 02 applicable law or regulation requires or prohibits action by a pharmacy, 03 responsibility shall be that of the owner and the pharmacist-in-charge, whether 04 the owner is a sole proprietor, partnership, association, corporation, or otherwise 05 [IF THE OWNER OF A PHARMACY IS NOT A LICENSED PHARMACIST, THE 06 OWNER SHALL PLACE A LICENSED PHARMACIST, DESIGNATED THE 07 MANAGER, IN FULL CHARGE AND CONTROL OF THE PHARMACY]. The 08 pharmacist-in-charge [MANAGER] shall ensure compliance with all laws and 09 regulations governing the operation of the pharmacy. A licensed pharmacist appointed 10 as pharmacist-in-charge [MANAGER] of a pharmacy shall immediately advise the 11 board of that appointment. 12 * Sec. 21. AS 08.80.400 is amended to read: 13 Sec. 08.80.400. OTHER LICENSEES [PRACTICE OF MEDICINE] NOT 14 AFFECTED. This chapter does not affect the practice of medicine by a licensed 15 medical doctor, and does not limit a licensed medical doctor, physician assistant, 16 advanced nurse practitioner, dentist, veterinarian, dispensing optician, or 17 optometrist in supplying a patient with any medicinal preparation or article within the 18 scope of the person's license [THAT THE LICENSED MEDICAL DOCTOR 19 CONSIDERS PROPER]. 20 * Sec. 22. AS 08.80.410 is amended to read: 21 Sec. 08.80.410. USE OF TERM "PHARMACIST'' PROHIBITED. A person 22 may not assume or use the title "pharmacist," or any variation of the title, or hold out 23 to be a pharmacist, without being licensed [REGISTERED]. 24 * Sec. 23. AS 08.80.430 is amended to read: 25 Sec. 08.80.430 USE OF PHARMACY SYMBOLS PROHIBITED. A person 26 may not display in a place of business the characteristic pharmacy symbol of "Rx" in 27 any form [BOTTLES, OR GLOBES, WHICH ARE COLORED OR CONTAIN 28 COLORED LIQUIDS] unless the business has a pharmacist licensed [AND 29 REGISTERED] under this chapter [ON DUTY UNDER AS 08.80.320]. 30 * Sec. 24. AS 08.80.480(4) is amended to read: 31 (4) "drug" means an article recognized as a drug in an official
01 compendium, or supplement to an official compendium [IN THE OFFICIAL 02 UNITED STATES PHARMACOPOEIA, OFFICIAL HOMEOPATHIC 03 PHARMACOPOEIA OF THE UNITED STATES, OR OFFICIAL NATIONAL 04 FORMULARY]; an article intended for use in the diagnosis, cure, mitigation, 05 treatment, or prevention of disease in man or animal; an article other than food, 06 intended to affect the structure or function of the body of man or animal; and an article 07 intended for use as a component of an article specified in this paragraph but does not 08 include devices or their components, parts, or accessories; 09 * Sec. 25. AS 08.80.480(11) is repealed and reenacted to read: 10 (11) "pharmacy" means a place in this state where drugs are dispensed 11 and pharmaceutical care is provided and a place outside of this state where drugs are 12 dispensed and pharmaceutical care is provided to residents of this state; 13 * Sec. 26. AS 08.80.480(14) is repealed and reenacted to read: 14 (14) "prescription drug" means a drug that, under federal law, before 15 being dispensed or delivered, is required to be labeled with either of the following 16 statements: (A) "Caution: Federal law prohibits dispensing without prescription"; (B) 17 "Caution: Federal law restricts this drug to use by, or on the order of, a licensed 18 veterinarian"; or a drug that is required by an applicable federal or state law or 19 regulation to be dispensed only under a prescription drug order or is restricted to use 20 by practitioners only; 21 * Sec. 27. AS 08.80.480 is amended by adding new paragraphs to read: 22 (21) "administer" means the direct application of a drug to the body of 23 a patient or research subject by injection, inhalation, ingestion, or other means; 24 (22) "compounding" means the preparation, mixing, assembling, 25 packaging, or labeling of a drug or device (A) as the result of a practitioner's 26 prescription drug order or initiative based on the relationship of the practitioner, 27 patient, and pharmacist in the course of professional practice or (B) for the purpose of, 28 or as an incident to, research, teaching, or chemical analysis and not for sale or 29 dispensing; "compounding" also includes the preparation of drugs or devices in 30 anticipation of prescription drug orders based on routine, regularly observed 31 prescribing patterns;
01 (23) "deliver" or "delivery" means the actual, constructive, or attempted 02 transfer of a drug or device from one person to another, whether or not for 03 consideration; 04 (24) "device" means an instrument, apparatus, implement, machine, 05 contrivance, implant, or other similar or related article, including a component part or 06 accessory, that is required under federal law to bear the label "Caution: Federal or state 07 law requires dispensing by or on the order of a physician"; 08 (25) "dispense" or "dispensing" means the preparation and delivery of 09 a drug or device to a patient or patient's agent under a lawful order of a practitioner 10 in a suitable container appropriately labeled for subsequent administration to, or use 11 by, a patient; 12 (26) "distribute" means the delivery of a drug or device other than by 13 administering or dispensing; 14 (27) "drug regimen review" includes evaluation of the prescription drug 15 order and patient record for 16 (A) known allergies; 17 (B) rational therapy-contraindications; 18 (C) reasonable dose and route of administration; 19 (D) reasonable directions for use; 20 (E) duplication of therapy; 21 (F) drug-drug, drug-food, and drug-disease interactions; 22 (G) adverse drug reactions; and 23 (H) proper utilization, including over- or under-utilization, and 24 optimum therapeutic outcomes; 25 (28) "equivalent drug product" means a drug product that has the same 26 established name, active ingredients, strength or concentration, dosage form, and route 27 of administration and that is formulated to contain the same amount of active 28 ingredients in the same dosage form and to meet the same compendia or other 29 applicable standards for strength, quality, purity, and identity, but that may differ in 30 characteristics such as shape, scoring configuration, packaging, excipients including 31 colors, flavors, preservatives, and expiration time;
01 (29) "intern" means an individual who is 02 (A) currently licensed by this state to engage in the practice of 03 pharmacy while under the personal supervision of a pharmacist and is 04 satisfactorily progressing toward meeting the requirements for licensure as a 05 pharmacist; or 06 (B) a graduate from a college of pharmacy who is currently 07 licensed by the board for the purpose of obtaining practical experience as a 08 requirement for licensure as a pharmacist; 09 (30) "labeling" means the process of preparing and affixing a label to 10 a drug container, exclusive, however, of the labeling by a manufacturer, packer, or 11 distributor of a nonprescription drug or commercially packed legend drug or device; 12 (31) "legend drug" means a prescription drug; 13 (32) "manufacturing" means the production, preparation, propagation, 14 conversion, or processing of a drug or device, either directly or indirectly, by 15 extraction from a substance of natural origin or independently by means of chemical 16 or biological synthesis, and includes packaging or repackaging of a substance or 17 labeling or relabeling of its container, and the promotion and marketing of drugs or 18 devices; "manufacturing" also includes the preparation and promotion of commercially 19 available products from bulk compounds for resale by pharmacies, practitioners, or 20 other persons; 21 (33) "patient counseling" means the communication by the pharmacist 22 of information, as defined in the regulations of the board, to the patient or care giver 23 in order to improve therapy by ensuring proper use of drugs and devices; 24 (34) "person" has the meaning given in AS 01.10.060 and also includes 25 a governmental agency; 26 (35) "pharmaceutical care" is the provision of drug therapy and other 27 pharmaceutical patient care services intended to achieve outcomes related to the cure 28 or prevention of a disease, elimination or reduction of a patient's symptoms, or 29 arresting or slowing of a disease process as defined in regulations of the board; 30 (36) "pharmacist" means an individual currently licensed by this state 31 to engage in the practice of pharmacy;
01 (37) "pharmacist-in-charge" means a pharmacist who accepts 02 responsibility for operation of a pharmacy in a manner that complies with laws and 03 regulations applicable to the practice of pharmacy and the distribution of drugs and 04 who is personally in charge of the pharmacy and the pharmacy's personnel; 05 (38) "pharmacy technician" means a supportive staff member who 06 works under the immediate supervision of a pharmacist; 07 (39) "practice of pharmacy" means the interpretation, evaluation, and 08 dispensing of prescription drug orders in the patient's best interest; participation in 09 drug and device selection, drug administration, drug regimen reviews, and drug or 10 drug-related research; provision of patient counseling and the provision of those acts 11 or services necessary to provide pharmaceutical care; and the responsibility for: 12 compounding and labeling of drugs and devices except labeling by a manufacturer, 13 repackager, or distributor of nonprescription drugs and commercially packaged legend 14 drugs and devices; proper and safe storage of drugs and devices; and maintenance of 15 proper records for them; 16 (40) "practitioner" means an individual currently licensed, registered, 17 or otherwise authorized by the jurisdiction in which the individual practices to 18 prescribe and administer drugs in the course of professional practice; 19 (41) "preceptor" means an individual who is currently licensed by the 20 board, meets the qualifications as a preceptor under the regulations of the board, and 21 participates in the instructional training of pharmacy interns; 22 (42) "prescription drug order" means a lawful order of a practitioner 23 for a drug or device for a specific patient; 24 (43) "prospective drug use review" means a review of the patient's drug 25 therapy and prescription drug order, as defined in the regulations of the board, before 26 dispensing the drug as part of a drug regimen review; 27 (44) "significant adverse drug reaction" means a drug-related incident 28 that may result in serious harm, injury, or death to the patient; 29 (45) "substitution" means to dispense without the prescriber's expressed 30 authorization, an equivalent drug product in place of the prescribed drug; 31 (46) "wholesale drug distributor" means anyone engaged in wholesale
01 distribution of drugs, including but not limited to manufacturers; repackagers; own- 02 label distributors; private label distributors; jobbers; brokers; warehouses, including 03 manufacturers' and distributors' warehouses; chain drug warehouses; wholesale drug 04 warehouses; independent wholesale drug traders; and retail pharmacies that conduct wholesale 05 distributions. 06 * Sec. 28. AS 08.80.040, 08.80.130, 08.80.220, 08.80.230, 08.80.240, 08.80.270, 08.80.280, 07 08.80.290, 08.80.300, 08.80.310, 08.80.320, 08.80.340, 08.80.350, 08.80.360, 08.80.365, 08 08.80.370, 08.80.440, 08.80.475, 08.80.480(2), 08.80.480(5), 08.80.480(6), 08.80.480(7), 09 08.80.480(13), 08.80.480(16), 08.80.480(17), 08.80.480(18), and 08.80.480(20) are repealed.