SB 1085 — pharmacists; independent testing; treatment

BillSenate Number:Engrossed pharmacists;

S.B.independent testing;

treatment State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1085 ShopeAN FloorACT AmendmentAMENDING ReferenceTITLE to:32, CHAPTER 18, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-1979.04;

printedRELATING billTO AmendmentTHE draftedARIZONA by:STATE BOARD OF PHARMACY.

Michael(TEXT MaddenOF FLOORBILL AMENDMENTBEGINS EXPLANATIONON 1.NEXT PAGE) - i - S.B.

Increases,1085 fromBe threeit toenacted six,by the ageLegislature of athe personState thatof aArizona: pharmacist may independently test and treat.

Section 1.

Title 32, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 32-1979.04, to read:

32-1979.04.

Pharmacists;

independent testing;

treatment;

health conditions A.

PURSUANT TO A STATEWIDE WRITTEN PROTOCOL APPROVED BY THE ARIZONA STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE ARIZONA MEDICAL BOARD, A PHARMACIST MAY INDEPENDENTLY ORDER, PERFORM AND INTERPRET TESTS AUTHORIZED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND WAIVED UNDER THE CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988.

A PHARMACIST MAY INDEPENDENTLY INITIATE THERAPY TO ELIGIBLE PERSONS WHO ARE AT LEAST SIX YEARS OF AGE AND WHO TEST POSITIVE FOR ANY OF THE FOLLOWING HEALTH CONDITIONS:

1.

INFLUENZA.

RemovesGROUP theA authoritySTREPTOCOCCUS ofPHARYNGITIS. a pharmacist to independently test for and treat COVID-19.

AllowsA theRESPIRATORY criteriaILLNESS, forCONDITION treatmentOR ofDISEASE. an eligible person to be based on the Arizona State Board of Pharmacy's statewide written protocol.

RequiresA pharmacistsCONDITION toRELATED maintainTO theAN resultsEMERGING ofOR anyEXISTING testingPUBLIC orHEALTH screeningTHREAT forIDENTIFIED aBY periodTHE ofDEPARTMENT sevenOF years.HEALTH SERVICES FOR WHICH A STATEWIDE STANDING ORDER, RULE OR EXECUTIVE ORDER IS ISSUED.

5.B.

LimitsA thePHARMACIST abilityWHO ofORDERS, aCONDUCTS pharmacistTESTING toOR delegateTREATS theHEALTH taskCONDITIONS ofPURSUANT performingTO aSUBSECTION testA toOF onlyTHIS licensed,SECTION ratherSHALL thanUSE trained,ANY staffTEST members.THAT MAY GUIDE CLINICAL DECISION-MAKING FOR WHICH A WAIVER HAS BEEN OBTAINED UNDER THE CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988, OR THE FEDERAL RULES ADOPTED THEREUNDER, OR ANY SCREENING PROCEDURE THAT IS ESTABLISHED BY THE STATEWIDE WRITTEN PROTOCOL.

6.C.

RemovesPHARMACISTS theSHALL prohibitionUSE onEVIDENCE-BASED healthCLINICAL insurersGUIDELINES denyingPUBLISHED reimbursementBY forTHE anyCENTERS test,FOR screeningDISEASE orCONTROL treatmentAND performedPREVENTION byOR aTHE pharmacistINFECTIOUS thatDISEASES wouldSOCIETY haveOF beenAMERICA coveredOR ifOTHER otherwiseCLINICALLY performedRECOGNIZED byRECOMMENDATIONS aIN medicalPROVIDING orPATIENT osteopathicTREATMENT physician,PURSUANT nurseTO practitionerSUBSECTION orA physicianOF assistant.THIS SECTION.

AmendmentD. explanation prepared by Michael Madden 02/15/2024 Fifty-sixth Legislature Shope Second Regular Session S.B.

1085AN SHOPEELIGIBLE FLOORPERSON AMENDMENTMUST SENATEMEET AMENDMENTSCRITERIA TOFOR S.B.TREATMENT BASED ON CURRENT CLINICAL GUIDELINES, IF AVAILABLE, THE STATEWIDE WRITTEN PROTOCOL OR EVIDENCE-BASED RESEARCH FINDINGS THAT SPECIFY THE FOLLOWING:

10851. (Reference to printed bill) Page 1, line 5, strike “;

healthPATIENT insuranceINCLUSION coverage;” Strike line 6 Line 12, strike "THREE" insert "SIX" Line 17, strike "SARS-COV-2 OR ANY OTHER" insert "A" Line 34, after the second comma, insert "THE STATEWIDE WRITTEN PROTOCOL" Page 2, line 12, after "INITIATED" insert "FOR A PERIOD OF SEVEN YEARS" Line 21, strike "ADMINISTRATIVE AND TECHNICALEXCLUSION TASKS"CRITERIA. insert "TASK" Line 23, strike "TRAINED" insert "LICENSED" Strike lines 27 through 34 Reletter to conform Strike lines 42 and 43 Amend title to conform THOMAS "T.J." SHOPE 1085SHOPE1014.docx 02/15/2024 10:14 AM S:

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EXPLICIT MEDICAL REFERRAL CRITERIA.

E.

A PHARMACIST SHALL REFER A PATIENT TO THE PATIENT'S IDENTIFIED PRIMARY CARE PROVIDER, IF ONE IS IDENTIFIED, IF THE PATIENT EITHER:

1.

IS NOT ELIGIBLE FOR PATIENT TREATMENT PURSUANT TO THIS SECTION AND PRESENTS WITH DIFFERENTIAL SYMPTOMS.

2.

DOES NOT RESPOND TO THE INITIAL TREATMENT PROVIDED PURSUANT TO THIS SECTION.

F.

A PHARMACIST WHO INITIATES A TREATMENT UNDER THIS SECTION SHALL:

1.

NOTIFY THE PATIENT'S IDENTIFIED PRIMARY CARE PROVIDER, IF ONE IS IDENTIFIED, WITHIN SEVENTY-TWO HOURS AFTER INITIATING THE TREATMENT.