00 CS FOR HOUSE BILL NO. 195(L&C) 01 "An Act relating to collaborative practice agreements for pharmacists; relating to the 02 prescription and administration of drugs and devices by pharmacists; relating to 03 reciprocity for pharmacists; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 08.02 is amended by adding a new section to article 3 to read: 06 Sec. 08.02.150. Regulation of collaborative practice agreements. (a) The 07 department or a board may not 08 (1) require a pharmacist to pay a fee to enter into, or provide patient 09 care services under, a collaborative practice agreement; 10 (2) require department or board approval of a collaborative practice 11 agreement; 12 (3) define the nature and scope of patient care services a pharmacist 13 provides under a collaborative practice agreement; or 14 (4) otherwise regulate collaborative practice agreements. 01 (b) In this section, 02 (1) "collaborative practice agreement" means a collaborative practice 03 agreement authorized under AS 08.80.337(a); and 04 (2) "patient care services" has the meaning given in AS 08.80.337(d). 05  * Sec. 2. AS 08.80.030(b) is amended to read: 06 (b) In order to fulfill its responsibilities, the board has the powers necessary 07 for implementation and enforcement of this chapter, including the power to 08 (1) elect a president and secretary from its membership and adopt rules 09 for the conduct of its business; 10 (2) license by examination or by license transfer the applicants who are 11 qualified to engage in the practice of pharmacy; 12 (3) assist the department in inspections and investigations for 13 violations of this chapter, or of any other state or federal statute relating to the practice 14 of pharmacy; 15 (4) adopt regulations to carry out the purposes of this chapter; 16 (5) establish and enforce compliance with professional standards and 17 rules of conduct for pharmacists engaged in the practice of pharmacy; 18 (6) determine standards for recognition and approval of degree 19 programs of schools and colleges of pharmacy whose graduates shall be eligible for 20 licensure in this state, including the specification and enforcement of requirements for 21 practical training, including internships; 22 (7) establish for pharmacists and pharmacies minimum specifications 23 for the physical facilities, technical equipment, personnel, and procedures for the 24 storage, compounding, and dispensing of drugs or related devices, and for the 25 monitoring of drug therapy, including independent monitoring of drug therapy; 26 (8) enforce the provisions of this chapter relating to the conduct or 27 competence of pharmacists practicing in the state, and the suspension, revocation, or 28 restriction of licenses to engage in the practice of pharmacy; 29 (9) license and regulate the training, qualifications, and employment of 30 pharmacy interns and pharmacy technicians; 31 (10) license and regulate the qualifications of entities and individuals 01 engaged in the manufacture or distribution of drugs and related devices; 02 (11) establish and maintain a controlled substance prescription 03 database as provided in AS 17.30.200; 04 (12) establish standards for the independent prescribing and 05 administration of vaccines and related emergency medications under AS 08.80.168, 06 including the completion of an immunization training program approved by the board 07 and an epinephrine auto-injector training program under AS 17.22.020(b); 08 (13) establish standards for the independent prescribing and dispensing 09 by a pharmacist of an opioid overdose drug under AS 17.20.085, including the 10 completion of an opioid overdose training program approved by the board; 11 (14) require that a licensed pharmacist who prescribes, administers,  12 or dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled substance under  13 state law or schedule II, III, [OR] IV, or V controlled substance under federal law to a 14 person in the state register with the controlled substance prescription database under 15 AS 17.30.200(n); 16 (15) establish the qualifications and duties of the executive 17 administrator and delegate authority to the executive administrator that is necessary to 18 conduct board business; 19 (16) license and inspect the facilities of pharmacies, manufacturers, 20 wholesale drug distributors, third-party logistics providers, and outsourcing facilities 21 located outside the state under AS 08.80.159; 22 (17) license Internet-based pharmacies providing services to residents 23 in the state; 24 (18) adopt regulations pertaining to retired pharmacist status.  25  * Sec. 3. AS 08.80.110 is amended to read: 26 Sec. 08.80.110. Qualifications for licensure by examination. An applicant 27 for licensure as a pharmacist shall  28 (1) be fluent in the reading, writing, and speaking of the English 29 language; 30 (2) be a graduate of a college in a degree program approved by the 31 board; 01 (3) pass an examination or examinations given by the board or 02 acceptable to the board under the score transfer process administered by the National 03 Association of Boards of Pharmacy; 04 (4) have completed internship training or another program that has 05 been approved by the board or demonstrated to the board's satisfaction that the 06 applicant has experience in the practice of pharmacy that meets or exceeds the 07 minimum internship requirements of the board; and  08 (5) receive education in pain management and opioid use and  09 addiction, unless the applicant has demonstrated to the satisfaction of the board  10 that the applicant does not currently hold a valid federal Drug Enforcement  11 Administration registration number; an applicant may include past professional  12 experience or professional education as proof of professional competence. 13  * Sec. 4. AS 08.80.145 is amended to read: 14 Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows 15 licensure in that jurisdiction of a pharmacist licensed in this state under conditions 16 similar to those in this section, the board may license as a pharmacist in this state a 17 person licensed as a pharmacist in the other jurisdiction if the person  18 (1) submits a written application to the board on a form required by the 19 board; 20 (2) is at least 18 years of age; 21 (3) possesses at the time of the request for licensure as a pharmacist in 22 this state the qualifications necessary to be eligible for licensure in this state; 23 (4) has engaged in the practice of pharmacy for at least one year 24 immediately before applying for a license under this section; 25 (5) presents proof satisfactory to the board that the person is currently 26 licensed as a pharmacist in the other jurisdiction and does not currently have a 27 pharmacist license suspended, revoked, or otherwise restricted except for failure to 28 apply for renewal or failure to obtain the required continuing education credits; 29 (6) has passed an examination approved by the board that tests the 30 person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 31 regulations adopted under those laws; [AND] 01 (7) meets the requirements of AS 08.80.110(5); and  02 (8) pays all required fees. 03  * Sec. 5. AS 08.80.165 is amended to read: 04 Sec. 08.80.165. Continuing education requirements. The board shall 05 establish requirements for continuing education in pharmacy that must be satisfied 06 before a license issued under this chapter may be renewed. The continuing education  07 requirements must include at least two hours of education in pain management  08 and opioid use and addiction during the concluding licensing period. The board  09 may exempt a licensee from the requirement to receive at least two hours of  10 education in pain management and opioid use and addiction if the licensee  11 demonstrates to the satisfaction of the board that  12 (1) the licensee's practice does not include pain management and  13 opioid prescription or administration; or  14 (2) the licensee does not currently hold a valid federal Drug  15 Enforcement Administration registration number.  16  * Sec. 6. AS 08.80.337(a) is amended to read: 17 (a) A pharmacist may, under a collaborative practice agreement with a written 18 protocol approved by a practitioner who is not a pharmacist, provide patient care 19 services. The collaborative practice agreement must define the nature and scope  20 of patient care services the pharmacist may provide under the agreement.  21  * Sec. 7. AS 08.80.337(b) is amended to read: 22 (b) A pharmacist may independently provide patient care services for 23 (1) general health and wellness; 24 (2) disease prevention; or 25 (3) a condition that 26 (A) is minor and generally self limiting;  27 (B) does not require a new diagnosis;  28 (C) requires a new diagnosis only if  29 (i) the pharmacist uses [(B) HAS] a test [THAT IS 30 USED] to guide the pharmacist's diagnosis or clinical decision- 31 making; and 01 (ii) the test is waived under 42 U.S.C. 263a (Clinical 02 Laboratory Improvement Amendments of 1988); or 03 (D) [(C)] falls under a statewide standing order from the chief 04 medical officer in the Department of Health.  05  * Sec. 8. AS 08.80.337(d) is amended to read: 06 (d) In this section, "patient care services" 07 (1) means medical care services, including the prescription or  08 administration of a drug or device to a patient, that are given in exchange for 09 compensation and intended to achieve outcomes related to the cure or prevention of a 10 disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a 11 disease process;  12 (2) does not include the prescription or administration of a  13 schedule IA or IIA controlled substance under state law or a schedule II  14 controlled substance under federal law, unless the controlled substance is being  15 used for treatment of an opioid use disorder in a clinic. 16  * Sec. 9. AS 08.80.337 is amended by adding a new subsection to read: 17 (e) A pharmacist prescribing or administering a drug or device under this 18 section shall recognize the limits of the pharmacist's education, training, and 19 experience and consult with and refer to other practitioners as appropriate. 20  * Sec. 10. AS 08.80.480(30) is amended to read: 21 (30) "practice of pharmacy" means the interpretation, evaluation, and 22 dispensing of prescription drug orders in the patient's best interest; participation in 23 drug and device selection, drug administration, drug regimen reviews, and drug or 24 drug-related research; provision of patient counseling and the provision of those acts 25 or services necessary to provide pharmaceutical care; the independent prescribing, 26 dispensing, and administration of drugs in accordance with AS 08.80.168; providing  27 patient care services in accordance with AS 08.80.337; the responsibility for 28 compounding and labeling of drugs and devices except labeling by a manufacturer, 29 repackager, or distributor of nonprescription drugs and commercially packaged legend 30 drugs and devices; proper and safe storage of drugs and devices; and maintenance of 31 proper records for them; 01  * Sec. 11. AS 08.80.480 is amended by adding a new paragraph to read: 02 (40) "opioid" includes the opium and opiate substances and opium and 03 opiate derivatives listed in AS 11.71.140 and 11.71.160. 04  * Sec. 12. AS 08.80.337(c) is repealed.  05  * Sec. 13. This Act takes effect January 1, 2027.