HB 225: "An Act relating to prescription fluoride supplements; relating to the practice of pharmacy; and relating to fluoride in public water systems."
00 HOUSE BILL NO. 225 01 "An Act relating to prescription fluoride supplements; relating to the practice of 02 pharmacy; and relating to fluoride in public water systems." 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) license and regulate the qualifications of entities and individuals 17 engaged in the manufacture or 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 of vaccines and related emergency medications under AS 08.80.168, 22 including the completion of an immunization training program approved by the board 23 and an epinephrine auto-injector training program under AS 17.22.020(b); 24 (13) establish standards for the independent prescribing and dispensing 25 by a pharmacist of an opioid overdose drug under AS 17.20.085, including the 26 completion of an opioid overdose training program approved by the board; 27 (14) require that a licensed pharmacist who dispenses a schedule II, III, 28 or IV controlled substance under federal law to a person in the state register with the 29 controlled substance prescription database under AS 17.30.200(n); 30 (15) establish the qualifications and duties of the executive 31 administrator and delegate authority to the executive administrator that is necessary to
01 conduct board business; 02 (16) license and inspect the facilities of pharmacies, manufacturers, 03 wholesale drug distributors, third-party logistics providers, and outsourcing facilities 04 located outside the state under AS 08.80.159; 05 (17) license Internet-based pharmacies providing services to residents 06 in the state; 07 (18) adopt regulations pertaining to retired pharmacist status; 08 (19) establish standards for review and approval of a standing 09 order issued by the chief medical officer under AS 17.20.087. 10 * Sec. 2. AS 08.80 is amended by adding a new section to read: 11 Sec. 08.80.332. Fluoride supplements. (a) A pharmacist may dispense a 12 fluoride supplement without a prescription drug order specific to a patient if the 13 pharmacist is authorized to dispense the fluoride supplement under a standing order 14 issued under AS 17.20.087. 15 (b) A pharmacist dispensing a fluoride supplement shall, at a minimum, 16 provide patient counseling about 17 (1) appropriate administration and storage of the fluoride supplement; 18 (2) potential side effects and risks of the fluoride supplement; and 19 (3) when to seek emergency medical attention. 20 (c) In this section, "fluoride supplement" has the meaning given in 21 AS 17.20.087(d). 22 * Sec. 3. AS 17.20 is amended by adding a new section to read: 23 Sec. 17.20.087. Fluoride supplements. (a) The chief medical officer of the 24 department shall issue a standing order for the prescription of a fluoride supplement 25 that allows a pharmacist to dispense the fluoride supplement without a prescription 26 drug order specific to a patient. 27 (b) The standing order issued under this section must 28 (1) specify each pharmacist authorized to dispense a fluoride 29 supplement under the order and the pharmacist's license number; 30 (2) establish a protocol to review, at least annually, the dispensing 31 practices of each pharmacist authorized to dispense a fluoride supplement under the
01 order; 02 (3) require a pharmacist dispensing a fluoride supplement under the 03 order to keep a record of each patient who receives a fluoride supplement under the 04 order, including 05 (A) the name of the patient; 06 (B) the fluoride supplement received; and 07 (C) any other relevant information; 08 (4) require a pharmacist dispensing a fluoride supplement under the 09 order to provide patient counseling as specified in AS 08.80.332; and 10 (5) be approved by the Board of Pharmacy. 11 (c) The chief medical officer of the department is not liable for civil damages 12 as a result of an act or omission arising out of the dispensing of a fluoride supplement 13 as authorized by a standing order issued under this section. 14 (d) In this section, 15 (1) "dispense" or "dispensing" has the meaning given in AS 08.80.480; 16 (2) "fluoride supplement" means a prescription drug containing 17 fluoride that is intended to enhance oral health; 18 (3) "patient counseling" has the meaning given in AS 08.80.480; 19 (4) "pharmacist" has the meaning given in AS 08.80.480; 20 (5) "prescription drug" has the meaning given in AS 08.80.480; 21 (6) "prescription drug order" has the meaning given in AS 08.80.480. 22 * Sec. 4. AS 46.03 is amended by adding a new section to read: 23 Sec. 46.03.725. Fluoride in public water systems. A person may not add 24 fluoride to a public water system. 25 * Sec. 5. AS 46.03.761(a) is amended to read: 26 (a) The department may assess an administrative penalty against an entity that 27 violates or causes or permits to be violated a provision of AS 46.03.720(b) or 28 46.03.725, or a term or condition of a regulation, order, permit, approval, or certificate 29 of the department issued or adopted under AS 46.03.720(b) or 46.03.725.