TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PHARMACIST LICENSURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The University of Hawaii at Hilo college of pharmacy accepted its first class in the fall of 2007 and is the only accredited pharmacy school in Hawaii and the Pacific basin. For decades, Hawaii has been viewed as the crossroads of the Pacific, merging cultures and people from all walks of life. Students from Hawaii, other states, the United States territories and possessions, and even other countries, come to study at the University of Hawaii at Hilo's college of pharmacy. The University of Hawaii at Hilo college of pharmacy is currently on track for full accreditation in 2011 when its first class of pharmacy students will graduate.
To graduate from the college of pharmacy, students must participate in advanced pharmacy practice experiences in their fourth and final year. The advanced pharmacy practice experiences begin in the summer after the third year of pharmacy school and include a minimum of one thousand four hundred forty hours of practical experience. Students participate in six different types of rotations. Mandatory rotations include a hospital or health system pharmacy, an inpatient/acute care facility, an ambulatory care clinic, and a community pharmacy. Students may take an additional two electives to fulfill the experience requirements.
The first class of the University of Hawaii at Hilo college of pharmacy will begin their advanced pharmacy practice experience rotations in May of 2010. Students will perform their rotations in the traditional pharmacy setting as well as other designated advanced practice locations under the supervision of a registered pharmacist where the practice of pharmacy occurs. Geographically, the rotations will occur in Hawaii and other states, the District of Columbia, and the United States territories.
As section 461-5, Hawaii Revised Statutes, is currently written, only the hours of practical experience performed in a pharmacy in one of the fifty states count toward the one thousand five hundred hours of practical experience required for licensure as a pharmacist. As such, students who perform their rotations outside of the traditional pharmacy setting will not receive credit toward their licensure requirements, even though those students are engaged in the practice of pharmacy under the supervision of a registered pharmacist at other designated advanced practice locations, such as clinics and acute care facilities. Moreover, advanced pharmacy practice experience rotations performed in one of the United States territories or the District of Columbia will not count toward licensure requirements.
Therefore, the purpose of this Act is to ensure that advanced pharmacy practice experience rotations performed in a United States territory or the District of Columbia, or at a designated advanced practice location under the supervision of a registered pharmacist, count toward licensure requirements.
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Territory" means Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, or American Samoa."
SECTION 3. Section 461-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any applicant for a license as a pharmacist shall submit an application on a form prescribed by the board and shall provide evidence to the board that the applicant:
(1) Is at least eighteen years of age;
(2) Holds a degree from a school or college of pharmacy or department in a university which is recognized and accredited by the American Council of Pharmaceutical Education;
(3) Has a minimum of fifteen hundred hours of
practical experience in any state or territory of the United States [
a pharmacy], or the District of Columbia, under the supervision of a
[ registered] pharmacist[ .] who is duly registered or licensed
in the state, territory, or district where the experience is obtained.
Service and experience [ in a pharmacy] under the supervision of a
registered pharmacist as required in this section shall be predominantly related
to the [ selling of drugs, compounding prescriptions, preparing
pharmaceutical preparations, and keeping records and making reports required
under state and federal statutes.] practice of pharmacy as defined under
section 461-1. In the event an applicant has no practical experience as
required, the applicant may take the examination and upon passing the
examination, shall not receive a license until after the [ fulfillment of]
applicant fulfills the practical experience requirement;
(4) Has passed an examination as may be prescribed by the board; and
(5) Does not have an encumbered license or a pending disciplinary action or unresolved complaint in the practice of pharmacy in any state or territory of the United States, or the District of Columbia, or if any license has been or is encumbered, the applicant shall provide all information requested by the board."
SECTION 4. Section 461-1, Hawaii Revised Statutes, is amended by amending the definition of "practice of pharmacy" to read as follows:
""Practice of pharmacy" means:
(1) The interpretation and evaluation of prescription
orders; the compounding, dispensing, and labeling of drugs and devices (except
labeling by a manufacturer, packer, or distributor of nonprescription drugs and
commercially legend drugs and devices); the participation in drug selection and
drug utilization reviews; the proper and safe storage of drugs and devices and
the maintenance of proper records [
therefore;] therefor; the
responsibility for advising when necessary or where regulated, of therapeutic
values, content, hazards, and use of drugs and devices;
(2) Performing the following procedures or functions as part of the care provided by and in concurrence with a "health care facility" and "health care service" as defined in section 323D-2, or a "pharmacy" or a licensed physician, or a "managed care plan" as defined in section 432E-1, in accordance with policies, procedures, or protocols developed collaboratively by health professionals, including physicians and surgeons, pharmacists, and registered nurses, and for which a pharmacist has received appropriate training required by these policies, procedures, or protocols:
(A) Ordering or performing routine drug therapy related patient assessment procedures;
(B) Ordering drug therapy related laboratory tests;
(C) Initiating emergency contraception oral drug therapy in accordance with a written collaborative agreement approved by the board, between a licensed physician and a pharmacist who has received appropriate training that includes programs approved by the American Council of Pharmaceutical Education (ACPE), curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board of pharmacy;
(D) Administering drugs orally, topically, by intranasal delivery, or by injection, pursuant to the patient's licensed physician's order, by a pharmacist having appropriate training that includes programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board of pharmacy;
(E) Administering immunizations orally, by injection, or by intranasal delivery, to persons at least nine years of age with parental consent and contingent upon the governor's determination of a public-health necessity or eighteen years of age or older, by a pharmacist having appropriate training that includes programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board of pharmacy;
(F) As authorized by a licensed physician's written instructions, initiating or adjusting the drug regimen of a patient pursuant to an order or authorization made by the patient's licensed physician and related to the condition for which the patient has been seen by the licensed physician; provided that the pharmacist shall issue written notification to the patient's licensed physician or enter the appropriate information in an electronic patient record system shared by the licensed physician, within twenty-four hours;
(G) Transmitting a valid prescription to another pharmacist for the purpose of filling or dispensing; or
(H) Providing consultation, information, or education to patients and health care professionals based on the pharmacist's training and for which no other licensure is required;
(3) The offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that the amendments made to the definition of "practice of pharmacy" in section 461-1, Hawaii Revised Statutes, by part II of this Act shall not be repealed when section 461-1, Hawaii Revised Statutes, is reenacted on July 1, 2010, pursuant to section 11 of Act 190, Session Laws of Hawaii 2004.
Pharmacy; Licensure; University of Hawaii at Hilo; College of Pharmacy
Broadens the practical experience requirements for a pharmacist license to include experience obtained in U.S. territories and the District of Columbia. Removes the requirement that supervision must take place in a pharmacy. Broadens the experience requirements to relate to the practice of pharmacy. (SB2390 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.