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 AS 08.80.116 is repealed and reenacted to read: 25 Sec. 08.80.116.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 AS 08.80.120 is repealed and reenacted to read: 03 Sec. 08.80.120.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