SB 147: "An Act relating to the prescription and administration of drugs and devices by pharmacists; relating to reciprocity for pharmacists; and providing for an effective date."
00 SENATE BILL NO. 147 01 "An Act relating to the prescription and administration of drugs and devices by 02 pharmacists; relating to reciprocity for pharmacists; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. 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;
01 (4) adopt regulations to carry out the purposes of this chapter; 02 (5) establish and enforce compliance with professional standards and 03 rules of conduct for pharmacists engaged in the practice of pharmacy; 04 (6) determine standards for recognition and approval of degree 05 programs of schools and colleges of pharmacy whose graduates shall be eligible for 06 licensure in this state, including the specification and enforcement of requirements for 07 practical training, including internships; 08 (7) establish for pharmacists and pharmacies minimum specifications 09 for the physical facilities, technical equipment, personnel, and procedures for the 10 storage, compounding, and dispensing of drugs or related devices, and for the 11 monitoring of drug therapy, including independent monitoring of drug therapy; 12 (8) enforce the provisions of this chapter relating to the conduct or 13 competence of pharmacists practicing in the state, and the suspension, revocation, or 14 restriction of licenses to engage in the practice of pharmacy; 15 (9) license and regulate the training, qualifications, and employment of 16 pharmacy interns and pharmacy technicians; 17 (10) license and regulate the qualifications of entities and individuals 18 engaged in the manufacture or distribution of drugs and related devices; 19 (11) establish and maintain a controlled substance prescription 20 database as provided in AS 17.30.200; 21 (12) establish standards for the independent prescribing and 22 administration of vaccines and related emergency medications under AS 08.80.168, 23 including the completion of an immunization training program approved by the board 24 and an epinephrine auto-injector training program under AS 17.22.020(b); 25 (13) establish standards for the independent prescribing and dispensing 26 by a pharmacist of an opioid overdose drug under AS 17.20.085, including the 27 completion of an opioid overdose training program approved by the board; 28 (14) require that a licensed pharmacist who prescribes, administers, 29 or dispenses a schedule IA, IIA, IIIA, IVA, or VA controlled substance under 30 state law or schedule II, III, [OR] IV, or V controlled substance under federal law to a 31 person in the state register with the controlled substance prescription database under
01 AS 17.30.200(n); 02 (15) establish the qualifications and duties of the executive 03 administrator and delegate authority to the executive administrator that is necessary to 04 conduct board business; 05 (16) license and inspect the facilities of pharmacies, manufacturers, 06 wholesale drug distributors, third-party logistics providers, and outsourcing facilities 07 located outside the state under AS 08.80.159; 08 (17) license Internet-based pharmacies providing services to residents 09 in the state; 10 (18) adopt regulations pertaining to retired pharmacist status. 11 * Sec. 2. AS 08.80.110 is amended to read: 12 Sec. 08.80.110. Qualifications for licensure by examination. An applicant 13 for licensure as a pharmacist shall 14 (1) be fluent in the reading, writing, and speaking of the English 15 language; 16 (2) be a graduate of a college in a degree program approved by the 17 board; 18 (3) pass an examination or examinations given by the board or 19 acceptable to the board under the score transfer process administered by the National 20 Association of Boards of Pharmacy; 21 (4) have completed internship training or another program that has 22 been approved by the board or demonstrated to the board's satisfaction that the 23 applicant has experience in the practice of pharmacy that meets or exceeds the 24 minimum internship requirements of the board; and 25 (5) receive education in pain management and opioid use and 26 addiction, unless the applicant has demonstrated to the satisfaction of the board 27 that the applicant does not currently hold a valid federal Drug Enforcement 28 Administration registration number; an applicant may include past professional 29 experience or professional education as proof of professional competence. 30 * Sec. 3. AS 08.80.145 is amended to read: 31 Sec. 08.80.145. Reciprocity; license transfer. If another jurisdiction allows
01 licensure in that jurisdiction of a pharmacist licensed in this state under conditions 02 similar to those in this section, the board may license as a pharmacist in this state a 03 person licensed as a pharmacist in the other jurisdiction if the person 04 (1) submits a written application to the board on a form required by the 05 board; 06 (2) is at least 18 years of age; 07 (3) possesses at the time of the request for licensure as a pharmacist in 08 this state the qualifications necessary to be eligible for licensure in this state; 09 (4) has engaged in the practice of pharmacy for at least one year 10 immediately before applying for a license under this section; 11 (5) presents proof satisfactory to the board that the person is currently 12 licensed as a pharmacist in the other jurisdiction and does not currently have a 13 pharmacist license suspended, revoked, or otherwise restricted except for failure to 14 apply for renewal or failure to obtain the required continuing education credits; 15 (6) has passed an examination approved by the board that tests the 16 person's knowledge of Alaska laws relating to pharmacies and pharmacists and the 17 regulations adopted under those laws; [AND] 18 (7) meets the requirements of AS 08.80.110(5); and 19 (8) pays all required fees. 20 * Sec. 4. AS 08.80.165 is amended to read: 21 Sec. 08.80.165. Continuing education requirements. The board shall 22 establish requirements for continuing education in pharmacy that must be satisfied 23 before a license issued under this chapter may be renewed. The continuing education 24 requirements must include at least two hours of education in pain management 25 and opioid use and addiction in the two years preceding an application for 26 renewal of a license. The board may exempt a licensee from the requirement to 27 receive at least two hours of education in pain management and opioid use and 28 addiction if the licensee demonstrates to the satisfaction of the board that 29 (1) the licensee's practice does not include pain management and 30 opioid prescription or administration; or 31 (2) the licensee does not currently hold a valid federal Drug
01 Enforcement Administration registration number. 02 * Sec. 5. AS 08.80.337(a) is amended to read: 03 (a) A pharmacist may, under a collaborative practice agreement with a written 04 protocol approved by a practitioner who is not a pharmacist, provide patient care 05 services. 06 * Sec. 6. AS 08.80.337(d) is amended to read: 07 (d) In this section, "patient care services" means medical care services, 08 including the prescription or administration of a drug or device to a patient, that 09 are given in exchange for compensation and intended to achieve outcomes related to 10 the cure or prevention of a disease, elimination or reduction of a patient's symptoms, 11 or arresting or slowing of a disease process. 12 * Sec. 7. AS 08.80.337 is amended by adding a new subsection to read: 13 (e) A pharmacist prescribing or administering a drug or device under this 14 section shall recognize the limits of the pharmacist's education, training, and 15 experience and consult with and refer to other practitioners as appropriate. 16 * Sec. 8. AS 08.80.480(30) is amended to read: 17 (30) "practice of pharmacy" means the interpretation, evaluation, and 18 dispensing of prescription drug orders in the patient's best interest; participation in 19 drug and device selection, drug administration, drug regimen reviews, and drug or 20 drug-related research; provision of patient counseling and the provision of those acts 21 or services necessary to provide pharmaceutical care; the independent prescribing, 22 dispensing, and administration of drugs in accordance with AS 08.80.168; providing 23 patient care services in accordance with AS 08.80.337; the responsibility for 24 compounding and labeling of drugs and devices except labeling by a manufacturer, 25 repackager, or distributor of nonprescription drugs and commercially packaged legend 26 drugs and devices; proper and safe storage of drugs and devices; and maintenance of 27 proper records for them; 28 * Sec. 9. AS 08.80.480 is amended by adding a new paragraph to read: 29 (40) "opioid" includes the opium and opiate substances and opium and 30 opiate derivatives listed in AS 11.71.140 and 11.71.160. 31 * Sec. 10. AS 08.80.337(c) is repealed.