THE SENATE

S.B. NO.

2811

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PHARMACIES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§461-    Electronic prescriptions; capacity required.  (a)  Every pharmacy and remote dispensing pharmacy operating under a permit or prior notification issued pursuant to this chapter shall have the capacity to maintain prescription records electronically and to accept and transmit prescription information electronically or by facsimile in accordance with the requirements of sections 328-17.7 and 328-17.8."

     SECTION 2.  Section 328-17.7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  Prescription records [may] shall be electronically maintained using an appropriate prescription information processing system; provided that:

     (1)  There [are] shall be procedures to maintain the records, including [but not limited to] auxiliary procedures for backing up files, computer downtime, and the protection of patient confidentiality; and

     (2)  Upon request the prescription records, or a subset thereof, shall be provided to the director or the director's agent, in a form specified by the director, within forty-eight hours.

     (c)  Prescription records shall be maintained electronically [or manually] such that the information contained in the records is readily retrievable during the pharmacy's normal operating hours[.] and can be transmitted electronically or by facsimile."

     SECTION 3.  Section 328-17.8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a) Prescription information may be transmitted electronically or by facsimile; provided that:

     (1)  The information shall be communicated only between the prescribing practitioner or the prescriber's authorized agent and pharmacies or medical oxygen distributors of the patient's choice;

     (2)  The information shall be communicated in a retrievable, recognizable format acceptable to the intended recipient;

     (3)  No electronic system, software, or other intervening mechanism or party shall alter the practitioner's prescription, order entry, selection, or intended selection without the practitioner's approval, on a per prescription or per order basis.  Transmitted prescription information shall not be altered by any system, software, or other intervening mechanism or party prior to receipt by the intended pharmacy or medical oxygen distributor recipient;

     (4)  The prescription information processing system shall provide for adequate confidentiality safeguards provided by any applicable federal or state law; and

     (5)  Practitioners, pharmacists, and medical oxygen distributors shall exercise prudent and professional judgment regarding the accuracy, validity, and authenticity of any prescription information communicated, received, or transferred."

     SECTION 4.  Each pharmacy and remote dispensing pharmacy subject to chapter 461, Hawaii Revised Statutes, shall be in compliance with this part by no later than January 1, 2012.  Failure to comply with this part shall constitute a violation of chapter 461, Hawaii Revised Statutes, subject to disciplinary action imposed by the board of pharmacy pursuant to section 461-21, Hawaii Revised Statutes.

PART II

     SECTION 5.  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 [eighteen]:

              (i)  At least nine years of age but less than eighteen years of age with parental consent and contingent upon the governor's determination of a public health necessity; or

             (ii)  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;

          and

     (3)  The offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy."

PART III

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050; 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.



 

Report Title:

Electronic Prescriptions; Prescription Records

 

Description:

Requires all pharmacies and remote dispensing pharmacies to have the capacity to accommodate electronic prescriptions.  Requires all pharmacies, remote dispensing pharmacies, practitioners, and medical oxygen distributors to maintain prescription records electronically.  Allows pharmacists to give immunizations to children over nine years of age and under 18 years of age under certain circumstances.  Effective July 1, 2050.  (SB2811 HD2)

 

 

 

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