ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2149: pharmacies; remote dispensing |
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PRIME SPONSOR: Representative Weninger, LD 17 BILL STATUS: Health
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Related to pharmacies and remote dispensing
of prescription drugs.
Provisions
1. States that for a pharmacy technician to prepare, compound or dispense medications, they must:
a. Complete, in addition to any other continuing education, a two-hour continuing education program on remote dispensing site pharmacy practices taught by an approved provider; and
b. Have at least 1000 hours of experience working as a pharmacy technician in an outpatient pharmacy setting under the direct supervision of a pharmacist. (Sec. 2)
2. Adds a two-hour continuing education program on RDSP practices in addition to any other mandatory continuing education as a requirement for renewing a pharmacist technician license for an individual who dispenses medications at a RDSP. (Sec. 3)
3. Exempts pharmacy technicians under remote supervision of a pharmacist from assisting in the dispensing of drugs.
a. Currently direct supervision of a licensed pharmacist is required for a pharmacy technician to dispense medication. (Sec. 4)
4. Requires a RDSP to obtain and maintain a Board-issued pharmacy license. (Sec. 5)
5. Requires a RDSP to meet the following requirements:
a. Either be jointly owned by a supervising pharmacy or be operated under a contract with a pharmacy licensed and located in Arizona.
b. Be supervised by a pharmacist who is responsible for the oversight of the RDSP and is licensed and located in this state.
c. Display a visible sign to the public that indicates the RDSP status of the facility and indicate that the facility is under continuous recorded video surveillance.
d. Use an electronic recordkeeping system between the supervising pharmacy and the RDSP. (Sec. 5)
6. Prohibits a pharmacist from supervising more than four RDSPs unless it is approved by the Board. (Sec. 5)
7. Allows a RDSP to store, hold and dispense all prescription medications. (Sec. 5)
8. Requires a RDSP to:
a. Maintain a perpetual inventory of controlled substances.
b. Secure controlled substances separately from other medications under lock and key, combination or other mechanical or electronic means to prevent access by unauthorized personnel.
c. Require that the CSPMP's central database tracking system be queried by a designated pharmacist before a prescription for a controlled substance is dispensed.
d. Comply with any limitations associated with the prescribing of controlled substances for acute pain.
e. Maintain continuous recorded video surveillance of the pharmacy department for at least 30 days. (Sec. 5)
9. Requires a RDSP to maintain a policy and procedures manual, which must be made available to the Board and must include the following information:
a. A description of how the RDSP intends to comply with federal and state laws, rules and regulations.
b. Procedures on how to supervise the RDSP and counseling the patient or patient's caregiver using HIPAA compliant technology.
c. Monthly inspections of a RDSP by a designated pharmacist, including requirements for documentation and records retention.
d. Procedures for consistent monthly inventory reconciliation to the on-hand count of controlled substances in the RDSP.
e. A description of how the RDSP will improve patient access to clinical pharmacy services. (Sec. 5)
10. Requires the Board to notify a licensed pharmacist who remotely supervises a RDSP of the pharmacist's responsibility to register with the Board and be granted access to the CSPMP's central database tracking system. (Sec. 6)
11. Requires the Board to provide access to the CSPMP for a licensed pharmacist who supervises personnel at a RDSP. (Sec. 6)
12. States that a CSPMP registration is valid in conjunction with a Board issued license for a pharmacist who supervises designated staff in an RDSP and who is employed by a pharmacy with a valid DEA number. (Sec. 6)
13. Requires a pharmacist who supervises a RDSP to comply with statutory requirements regarding the CSPMP. (Sec. 6)
14. States that a dispenser is not in violation of statute if the CSPMP is suspended or is not operational or available in a timely manner.
a. States that if the CSPMP is unavailable, then the dispenser or designated staff will document the date and time that the attempt to access the CSPMP was made. (Sec. 6)
15. Modifies the definition of pharmacy to include a remote dispensing site where a pharmacy technician or pharmacy intern prepares, compounds or dispenses prescription medications under remote supervision by a pharmacist. (Sec. 1)
16. Defines remote dispensing site pharmacy, remote supervision by a pharmacist and dispenser. (Sec. 1, 6)
17. Makes technical and conforming changes. (Sec. 1, 2, 6)
Current Law
An applicant for licensure as a pharmacy technician or pharmacy technician trainee must: 1.) Be of good moral character; 2.) Be at least 18 years of age; and 3.) Have a high school diploma or equivalent. In the case of a pharmacy technician, they must also complete a training program prescribed by Board rules and pass a Board approved pharmacy technician examination (A.R.S. § 32-1923.01).
The Board will not renew a license for a pharmacy technician unless the person has a current Board approved license and has completed the mandatory continuing education requirements. The Board issues licenses for pharmacist, pharmacy technicians and pharmacy interns (A.R.S. § 32-1925).
It is illegal for any person to compound, sell or dispense any drugs or prescription orders unless that person is a pharmacist or pharmacy technician/intern acting under the direct supervision of a pharmacist. It is illegal for a business to stock, offer drugs for sale or conduct a pharmacy without placing a licensed pharmacist in charge (A.R.S. § 32-1961).
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Fifty-third Legislature HB 2149
Second Regular Session Version 1: Health
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