SB 92 — PHARMACIST SCOPE OF PRACTICE

h r i s T.

"outsourcing facility" means a facility at one h , e h geographic location or address that engages in the compounding t u g e b l e e , gh of sterile drugs, is licensed by the board and, in accordance n d d i = = o h with board rules, is currently registered with the United l ] b ,d i a º r States food and drug administration as an outsourcing facility;

e r = t e w d m a n o U.

"patient counseling" means the oral dcommunication mby :the pharmacist of information to a patient or the patient's agent or caregiver regarding proper use of a drug or device;

b r e t º o t n = .223627.3AIC January 30, 2023 (12:39pm) s k m e - 6 - e a n e d r e l u [ A d communication by the pharmacist of information to a patient or the patient's agent or caregiver regarding proper use of a drug or device;

"pharmacist" means a person who is licensed as SJC/SB 92 Page 6 a pharmacist in this state;

"pharmacist in charge" means a pharmacist who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice h of pharmacy and the distribution of drugs and who is personally u » r in full and actual charge of the pharmacy and its personnel;

t h g e l i Z.

"pharmacy" means a place of business licensed by h r i s the board where drugs are compounded or dispensed and h , e h pharmaceutical care is provided;

t u g e b l e e , gh AA.

"pharmacist intern" means a person licensed by n d d i = = o h the board to train under a pharmacist;

l ] b ,d i a º r BB.

"pharmacy technician" means a person who is e r = t e w d m a n o registered to perform repetitive tasks not requiring the dprofessional mjudgment :of a pharmacist;

b r e t º o t n = .223627.3AIC January 30, 2023 (12:39pm) s k m e - 7 - e a n e d r e l u [ A d professional judgment of a pharmacist;

the SJC/SB 92 Page 7 responsibility for compounding and labeling of drugs and devices;

the ordering, performing and interpreting of tests provided for in Section 2 of this 2023 act that are authorized by the federal food and drug administration and SHPACºtests»SHPACother tests waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, as amended;

and the maintenance of proper hrecords records;consistent with the standard of care in general medical practice;

u » r DD.

"prescription" means an order given t h g e l i individually for the person for whom prescribed, either h r i s directly from a licensed practitioner or the licensed h , e h practitioner's agent to the pharmacist, including electronic t u g e b l e e , gh transmission or indirectly by means of a written order signed n d d i = = o h by the prescriber, that bears the name and address of the l ] b ,d i a º r prescriber, the prescriber's license classification, the name e r = t e w d m a n o and address of the patient, the name and quantity of the drug dprescribed, mdirections :for use and the date of issue;

b r e t º o t n = .223627.3AIC January 30, 2023 (12:39pm) s k m e - 8 - e a n e d r e l u [ A d prescribed, directions for use and the date of issue;

SJC/SB 92 Page 8 GG.

"wholesale drug distributor" means a person h engaged in the wholesale distribution of prescription drugs, u » r including own-label distributors, private-label distributors, t h g e l i jobbers, brokers, manufacturers' warehouses, distributor's h r i s warehouses, chain drug warehouses, wholesale drug warehouses, h , e h independent wholesale drug traders and retail pharmacies that t u g e b l e e , gh conduct wholesale distribution." n d d i = = o h SECTION 2.

A new section of the Pharmacy Act is enacted l ] b ,d i a º r to read:

e"TESTING, r = t e w d m a n o "[NEW MATERIAL ] TESTING, SCREENING AND TREATMENT OF HEALTH dCONDITIONS.-- mA. :

bPursuant rto ea tboard-approved ºprotocol oapproved tby nthe =New .223627.3AICMexico Januarymedical 30,board, 2023a (12:39pm)pharmacist smay korder, mtest, escreen, -treat 9and -provide epreventative aservices nfor ehealth dconditions ror esituations lthat uinclude: [ A d CONDITIONS.-- A.

Pursuant to a board-approved written protocol, a pharmacist may order, test, screen SHPACº and treat»SHPAC SHPACº, treat and provide preventative services»SHPAC for the following health conditions or situations:

(3) SARS-COV-2SARS-COV-2; or other respiratory illness, condition or disease;

SJC/SB 92 Page 9 (4) lice;uncomplicated urinary tract infection;

(5) urinaryhuman tractimmunodeficiency infection;virus, limited to the provision of pre-exposure prophylaxis and post-exposure prophylaxis;

and (6) skinother conditions,emerging includingand ringwormexisting andpublic athlete'shealth foot;threats identified by the board or department of health during civil or public health emergencies.

(7)B. minor, uncomplicated infections;

(8)A humanpharmacist immunodeficiencywho virus;orders, tests, screens or treats for health conditions or situations pursuant to this section may use any test that may guide clinical decision making, including tests waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, as amended, the federal rules adopted thereunder or any established screening procedure that can safely be performed by a pharmacist.

and (9) other emerging and existing public health h threats identified by the board or department of health, g o t hr including preventive health, mental health, substance abuse g e i k disorders and infectious disease prevention if permitted by an h r i s order, rule or regulation or pursuant to a declaration by the h , t, board's executive director during civil or public health e u g e b l e e h emergencies.

n d d i = = o h B.

A pharmacist who orders, tests, screens or l ] b ,d i a º e treats for health conditions or situations pursuant to this r i = r t e w d m a n o section may use any test that may guide clinical decision d m :

b e d s º o t n = .223627.3AIC January 30, 2023 (12:39pm) s k m e - 10 - e a n e d r e l u [ A d making SHPACºthat is»SHPAC SHPACº, including tests»SHPAC waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988, as amended, the federal rules adopted thereunder or any established screening procedure that can safely be performed by a pharmacist.

A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988, as amended, to a pharmacist intern or pharmacy technician acting under the supervision of the pharmacist.pharmacist." SECTION 3.

D.EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

AnSJC/SB insurer92 subjectPage to10 the25 authority of the superintendent of insurance shall not deny reimbursement under health benefit plans subject to the review and approval of the superintendent of insurance for services and procedures performed by SHPACº a»SHPAC SHPACºan in-network»SHPAC pharmacist that are within the scope of the pharmacist's h license and would be covered if the services or procedures were u » r performed by a physician, an advanced practice nurse or t h g e l i physician assistant." h r i s SECTION 3.

EFFECTIVE DATE.--The effective date of the h , e h provisions of this act is July 1, 2023.

t u g e b l e e , gh - 11 - n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .223627.3AIC January 30, 2023 (12:39pm) s k m e e a n e d r e l u [ A d