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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
House: HHS DPA 8-0-0-1 |
HB 2490: pharmacists; providers; collaborative practice agreements
Sponsor: Representative Wilmeth, LD 15
Caucus & COW
Overview
Allows a pharmacist to enter into a collaborative practice agreement with a provider and outlines what must be included in the collaborative practice agreement. Repeals statute relating to licensed pharmacists initiating, monitoring and modifying drug therapy use and defines terms.
History
The Arizona State Board of Pharmacy (Board) protects the health, safety and welfare of the citizens of Arizona by regulating the practice of pharmacy and the manufacturing, distribution, sale and storage of prescription medications and devices and non-prescription medications.
A licensed pharmacist may initiate, monitor and modify drug therapy use only under the following circumstances:
1) The patient's drug therapy and use are pursuant to a provider;
2) The pharmacist complies with rules adopted by the Board; and
3) The pharmacist follows the written drug therapy management protocols prescribed by the provider who made the diagnosis and initiates, monitors or modifies a person's drug therapy and use only pursuant to those protocols. A provider who enters into a protocol-based drug therapy agreement must have a legitimate provider-patient relationship (A.R.S. § 32-1970).
Provisions
Collaborative Practice Agreement Provisions
1. Allows a licensed pharmacist to enter into a collaborative practice agreement with a provider and specifies that the collaborative practice agreement may be between one or more pharmacists and providers. (Sec. 3)
2. Requires the collaborative practice agreement to:
a) Outline the duties the provider is delegating to the pharmacist to perform, including laboratory tests that may be ordered and the eligible group of patients that may be treated under the collaborative practice agreement; and
b) Specify, at a minimum, the medical conditions to be managed by the pharmacist and the circumstances for which the pharmacist must notify the provider and any documentation or recordkeeping requirements. (Sec. 3)
3. Stipulates that a provider who enters into a collaborative practice agreement must first conduct a physical or mental health examination on or have a previously established provider-patient relationship with a patient for the patient to be a part of the eligible group of patients that may be included under the collaborative practice agreement. (Sec. 3)
4. Asserts that a licensee who violates any of these rules commits an act of unprofessional conduct. (Sec. 3)
5. States that a pharmacist is responsible for their negligent acts that are the result of the clinical decisions made pursuant to the collaborative practice agreement and specifies that this does not limit a provider's liability for negligent acts that are not related to a pharmacists change of medication under the collaborative practice agreement. (Sec. 3)
6. Directs the pharmacist to maintain a copy of the collaborative practice agreement and to make the collaborative practice agreement available for the Board on request. (Sec. 3)
Miscellaneous
7. Repeals A.R.S. § 32-1970, relating to initiating, monitoring and modifying drug therapy use. (Sec. 2)
8.
Modifies the definition of the practice
of pharmacy to mean providing patient care services pursuant to a
collaborative practice agreement with a provider, rather than initiating,
monitoring and modifying drug therapy pursuant to a protocol-based drug therapy
agreement with a provider. (Sec. 1)
9. Alters the definition of prescription order to mean an order that is initiated by a pharmacist pursuant to a collaborative practice agreement with a provider, rather than a protocol-based drug therapy with a provider. (Sec. 1)
10. Defines provider and collaborative practice agreement. (Sec. 3)
Amendments
Committee on Health and Human Services
1. Specifies that a pharmacist may enter into a collaborative practice agreement with a provider to initiate, monitor and modify drug therapy or provide disease management assistance.
2. Clarifies that the collaborative practice agreement must outline the duties related to drug therapy and disease management that the provider is delegating to the pharmacist to perform.
3. Requires the collaborative practice agreement to specify, at a minimum, the conditions to be managed by the pharmacist through disease management and drug therapy management.
4. Asserts that a collaborative practice agreement must specify that the pharmacist must follow the written drug therapy and disease management guidelines provided by the provider and may provide those services only pursuant to those guidelines which must specify at a minimum:
a) The specific drug, drugs or drug classes and the conditions to be managed by the pharmacist;
b) The conditions and events for which the pharmacist must notify the provider; and
c) The laboratory tests the pharmacist may order.
5. Removes the requirement that a provider who enters into a collaborative practice agreement must first conduct a physical or mental health examination on a patient for them to be part of the eligible group of patients who may be included under the collaborative practice agreement.
6. Allows the Pharmacy Board, Arizona Medical Board, Arizona State Board of Osteopathic Examiners in Medicine and Surgery and the Arizona State Board of Nursing to adopt rules relating to collaborative practice agreements.
7. Specifies that initiate, monitor and modify does not include a pharmacist's selection of drug products that are not prescribed by the provider unless the selection of specific drug products is authorized by the collaborative practice agreement.
8. Modifies the definition of collaborative practice agreement.
9. Makes technical and conforming changes.
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13. HB 2490
14. Initials AG/JB Page 0 Caucus & COW
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