HB 145: "An Act relating to the Board of Pharmacy; relating to health care services provided by pharmacists and pharmacy technicians; and relating to the practice of pharmacy."
00 HOUSE BILL NO. 145 01 "An Act relating to the Board of Pharmacy; relating to health care services provided by 02 pharmacists and pharmacy technicians; and relating to the practice of pharmacy." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.80.030(b) is amended to read: 05 (b) In order to fulfill its responsibilities, the board has the powers necessary 06 for implementation and enforcement of this chapter, including the power to 07 (1) elect a president and secretary from its membership and adopt rules 08 for the conduct of its business; 09 (2) license by examination or by license transfer the applicants who are 10 qualified to engage in the practice of pharmacy; 11 (3) assist the department in inspections and investigations for 12 violations of this chapter, or of any other state or federal statute relating to the practice 13 of pharmacy; 14 (4) adopt regulations to carry out the purposes of this chapter;
01 (5) establish and enforce compliance with professional standards and 02 rules of conduct for pharmacists engaged in the practice of pharmacy; 03 (6) determine standards for recognition and approval of degree 04 programs of schools and colleges of pharmacy whose graduates shall be eligible for 05 licensure in this state, including the specification and enforcement of requirements for 06 practical training, including internships; 07 (7) establish for pharmacists and pharmacies minimum specifications 08 for the physical facilities, technical equipment, personnel, and procedures for the 09 storage, compounding, and dispensing of drugs or related devices, and for the 10 monitoring of drug therapy, including independent monitoring of drug therapy; 11 (8) enforce the provisions of this chapter relating to the conduct or 12 competence of pharmacists practicing in the state, and the suspension, revocation, or 13 restriction of licenses to engage in the practice of pharmacy; 14 (9) license and regulate the training, qualifications, and employment of 15 pharmacy interns and pharmacy technicians; 16 (10) issue licenses to persons engaged in the manufacture and 17 distribution of drugs and related devices; 18 (11) establish and maintain a controlled substance prescription 19 database as provided in AS 17.30.200; 20 (12) establish standards for the independent prescribing and 21 administration [BY A PHARMACIST] of vaccines and related emergency 22 medications under AS 08.80.168, including the completion of an immunization 23 training program approved by the board; 24 (13) establish standards for the independent prescribing and 25 dispensing by a pharmacist of an opioid overdose drug under AS 17.20.085, including 26 the completion of an opioid overdose training program approved by the board; 27 (14) require that a licensed pharmacist register with the controlled 28 substance prescription database under AS 17.30.200(n); 29 (15) establish the qualifications and duties of the executive 30 administrator and delegate authority to the executive administrator that is necessary to 31 conduct board business;
01 (16) license and inspect the facilities of wholesale drug distributors, 02 third-party logistics providers, and outsourcing facilities located outside the state 03 under AS 08.80.159. 04 * Sec. 2. AS 08.80.045 is amended by adding a new subsection to read: 05 (c) Except as otherwise provided in a regulation under (b) of this section, a 06 pharmacist may prescribe, dispense, and administer nonprescription drugs or devices. 07 * Sec. 3. AS 08.80.155 is amended to read: 08 Sec. 08.80.155. Emergency permit. The board shall adopt regulations 09 regarding the issuance of an emergency permit to practice under this chapter 10 [PHARMACY]. 11 * Sec. 4. AS 08.80.168(a) is amended to read: 12 (a) A pharmacist may independently prescribe and administer a vaccine and 13 related emergency medication if the pharmacist has completed an immunization 14 training program approved by the board and otherwise complies with the standards 15 established by the board under AS 08.80.030(b). 16 * Sec. 5. AS 08.80.168(b) is amended to read: 17 (b) A pharmacist may independently prescribe and administer [DISPENSE] 18 an opioid overdose drug if the pharmacist has completed an opioid overdose drug 19 training program approved by the board and otherwise complies with the standards 20 established by the board under AS 08.80.030(b). 21 * Sec. 6. AS 08.80.168 is amended by adding a new subsection to read: 22 (d) A pharmacy technician working under the immediate supervision of a 23 pharmacist who meets the requirements of (a) of this section may administer a vaccine 24 or related emergency medication if the pharmacy technician is authorized by the board 25 to do so. 26 * Sec. 7. AS 08.80.297(a) is amended to read: 27 (a) A pharmacist or person acting at the direction of a pharmacist shall 28 disclose the price of filling any prescription when requested by the consumer. 29 * Sec. 8. AS 08.80 is amended by adding a new section to article 3 to read: 30 Sec. 08.80.337. Other patient care services. (a) A pharmacist may, under a 31 collaborative practice agreement with a written protocol approved by a practitioner,
01 provide patient care services for a disease or condition with an existing diagnosis and 02 for a condition that does not require a new diagnosis. 03 (b) A pharmacist may independently provide patient care services for 04 (1) general health and wellness; 05 (2) disease prevention; and 06 (3) optimization of medication therapy for a condition that 07 (A) is minor and generally self limiting; 08 (B) has a test that is used to guide diagnosis or clinical 09 decision-making and the test is waived under 42 U.S.C. 263a (Clinical 10 Laboratory Improvement Amendments of 1988); or 11 (C) falls under a statewide standing order from the chief 12 medical officer in the Department of Health and Social Services. 13 (c) In this section, "patient care services" means medical care services given in 14 exchange for compensation intended to achieve outcomes related to the cure or 15 prevention of a disease, elimination or reduction of a patient's symptoms, or arresting 16 or slowing of a disease process. 17 * Sec. 9. AS 08.80.480(12) is amended to read: 18 (12) "equivalent drug product" means a drug product that has the same 19 established name, active ingredients, strength or concentration, [DOSAGE FORM,] 20 and route of administration and that is formulated to contain the same amount of 21 active ingredients in the same dosage form and to meet the same compendia or other 22 applicable standards for strength, quality, purity, and identity, but that may differ in 23 characteristics such as shape, scoring configuration, packaging, excipients including 24 colors, flavors, preservatives, and expiration time; 25 * Sec. 10. AS 08.80.480(30) is amended to read: 26 (30) "practice of pharmacy" means the interpretation, evaluation, and 27 dispensing of prescription drug orders in the patient's best interest; participation in 28 drug and device selection, drug administration, drug regimen reviews, and drug or 29 drug-related research; provision of patient counseling and the provision of those acts 30 or services necessary to provide pharmaceutical care; the independent prescribing, 31 dispensing, and administration of [VACCINES AND RELATED EMERGENCY
01 MEDICATION; THE INDEPENDENT DISPENSING OF OPIOID OVERDOSE] 02 drugs in accordance with AS 08.80.168; the responsibility for compounding and 03 labeling of drugs and devices except labeling by a manufacturer, repackager, or 04 distributor of nonprescription drugs and commercially packaged legend drugs and 05 devices; proper and safe storage of drugs and devices; and maintenance of proper 06 records for them; 07 * Sec. 11. AS 21.36.090(d) is amended to read: 08 (d) Except to the extent necessary to comply with AS 21.42.365 and 09 AS 21.56, a person may not practice or permit unfair discrimination against a person 10 who provides a service covered under a group health insurance policy that extends 11 coverage on an expense incurred basis, or under a group service or indemnity type 12 contract issued by a health maintenance organization or a nonprofit corporation, if the 13 service is within the scope of the provider's occupational license. In this subsection, 14 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 15 optometrist, chiropractor, advanced practice registered nurse, pharmacist, naturopath, 16 physical therapist, occupational therapist, marital and family therapist, psychologist, 17 psychological associate, licensed clinical social worker, licensed professional 18 counselor, or certified direct-entry midwife.