THE SENATE

S.B. NO.

514

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Health.

 

 

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

 


     SECTION 1.  The legislature finds that human papillomavirus is a very common virus that can cause cervical, vaginal, and vulvar cancers in women; penile cancer in men; and anal cancer, cancer of the throat, and genital warts in both men and women.  The legislature also finds that the human papillomavirus vaccine is available and protects against infection and the cancers caused by human papillomavirus.

     The legislature also finds that under current law pharmacists are permitted to administer vaccines to children between the ages of fourteen and seventeen, whereas the Centers for Disease Control recommends that preteen boys and girls receive the human papillomavirus vaccine at age eleven or twelve so they are protected prior to any exposure to the virus.

     The purpose of this Act is to improve the overall health of the population in the State and reduce the incidence of infectious disease and cervical and other cancers by allowing pharmacists to administer the human papillomavirus vaccine to children between the ages of eleven and seventeen.

     SECTION 2.  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 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 licensed advanced practice registered nurse with prescriptive authority, 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 or advanced practice registered nurse with prescriptive authority 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 order of the patient's licensed physician or advanced practice registered nurse with prescriptive authority, 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:

              (i)  Immunizations orally, by injection, or by intranasal delivery, to persons 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; [and]

             (ii)  Vaccines to persons between fourteen and seventeen years of age pursuant to section 461-11.4; and

            (iii)  Human papillomavirus vaccines to persons between eleven and seventeen years of age pursuant to section 461-11.4;

         (F)  As authorized by the written instructions of a licensed physician or advanced practice registered nurse with prescriptive authority, initiating or adjusting the drug regimen of a patient pursuant to an order or authorization made by the patient's licensed physician or advanced practice registered nurse with prescriptive authority and related to the condition for which the patient has been seen by the licensed physician or advanced practice registered nurse with prescriptive authority; provided that the pharmacist shall issue written notification to the patient's licensed physician or advanced practice registered nurse with prescriptive authority or enter the appropriate information in an electronic patient record system shared by the licensed physician or advanced practice registered nurse with prescriptive authority, within twenty-four hours;

         (G)  Transmitting a valid prescription to another pharmacist for the purpose of filling or dispensing;

         (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; or

         (I)  Dispensing an opioid antagonist 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 on 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; and

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

     SECTION 3.  Section 461-8, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  A pharmacist who administers any vaccine to persons between the ages of fourteen and seventeen years or human papillomavirus vaccine to persons between eleven and seventeen years of age pursuant to section 461-11.4 shall complete a training program approved by the board within every other biennial renewal period and submit proof of successful completion of the training program to the board; provided that the pharmacist shall meet these requirements prior to administering any vaccine to persons between the ages of fourteen and seventeen years[.] or human papillomavirus vaccine to persons between eleven and seventeen years of age."

     SECTION 4.  Section 461-11.4, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  A pharmacist may administer [a]:

     (1)  A vaccine to persons between fourteen and seventeen years of age pursuant to a valid prescription[.]; and

     (2)  A human papillomavirus vaccine to persons between eleven and seventeen years of age pursuant to a valid prescription.

The pharmacist shall verify that the prescriber or the prescriber's authorized agent is the patient's medical home."

     2.  By amending subsection (d) to read:

     "(d)  All pharmacists who administer vaccines to persons between the ages of fourteen and seventeen years or administer human papillomavirus vaccines to persons between the ages of eleven and seventeen years shall complete a training program approved by the Accreditation Council of Pharmacy Education for which a certificate of completion is issued.  The pharmacist shall complete the training program and submit the completion certificate for the training program to the board prior to administering any vaccine to persons between the ages of fourteen and seventeen years[.] and prior to administering any human papillomavirus vaccine to persons between the ages of eleven and seventeen years."

     SECTION 5.  Section 461-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other actions authorized by law, the board may deny, revoke, or suspend any license or permit applied for or issued by the board, in accordance with this chapter, and fine or otherwise discipline a licensee or permit holder for any cause authorized by law, including but not limited to the following:

     (1)  Procuring a license through fraud, misrepresentation, or deceit;

     (2)  Professional misconduct, gross carelessness, or manifest incapacity;

     (3)  Permitting an unlicensed person to perform activities that require a license under this chapter;

     (4)  Violation of any of the provisions of this chapter or the rules adopted pursuant thereto;

     (5)  Violation of any state or federal drug, controlled substance, or poison law;

     (6)  False, fraudulent, or deceptive advertising;

     (7)  Any other conduct constituting fraudulent or dishonest dealings;

     (8)  Failure to comply with a board order;

     (9)  Making a false statement on any document submitted or required to be filed by this chapter, including a false certification of compliance with the continuing education requirement;

    (10)  Habitual intemperance or addiction to the use of habit-forming drugs; or

    (11)  Administering a vaccine to a person [between fourteen and seventeen years of age] or a human papillomavirus vaccine without complying with section 461-11.4."

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

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 

 

 

 


 


 

Report Title:

Health; Education; Human Papillomavirus Vaccine; Pharmacists

 

Description:

Authorizes pharmacists to prescribe and administer the human papillomavirus vaccine to persons between eleven and seventeen years of age.  Specifies requirements pharmacists must meet prior to administering the human papillomavirus vaccine.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.