CHAPTER 58
HB 463-FN - FINAL VERSION
27Feb2019... 0466h
04/18/2019 1427s
2019 SESSION
19-0458
10/01
HOUSE BILL 463-FN
AN ACT relative to licensure of advanced pharmacy technicians.
SPONSORS: Rep. Merchant, Sull. 4; Rep. P. Schmidt, Straf. 19; Rep. Proulx, Hills. 44; Rep. Keans, Straf. 23; Rep. Knirk, Carr. 3
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill establishes the duties of and requirements for the licensure of licensed advanced pharmacy technicians working in a pharmacy under a supervising pharmacist.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Feb2019... 0466h
04/18/2019 1427s 19-0458
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to licensure of advanced pharmacy technicians.
Be it Enacted by the Senate and House of Representatives in General Court convened:
58:1 New Paragraph; Definition; Licensed Advanced Pharmacy Technician. Amend RSA 318:1 by inserting after paragraph XXXII the following new paragraph:
XXXIII. “Licensed advanced pharmacy technician” means a person licensed by the board who:
(a) May perform all functions allowed by federal or state law and approved by the board, under the supervision of a licensed pharmacist who is physically on premises and holds an unrestricted license issued by the board.
(b) May conduct product verification, process refills, verify repackaging of drugs, and perform other pharmacist tasks not required to be completed by a licensed pharmacist.
(c) May perform duties allowed by either certified or registered pharmacy technicians.
(d) Shall not interpret or evaluate a prescription or drug order, verify a compounded drug, or counsel or advise individuals related to the clinical use of a medication.
58:2 New Paragraph; Pharmacy; Rulemaking; Licensed Advanced Pharmacy Technician. Amend RSA 318:5-a by inserting after paragraph XI-b the following new paragraph:
XI-c. Licensure of advanced pharmacy technicians, including:
(a) Requirements for licensure, including experience and education requirements.
(b) The duties, functions, and standards of conduct of licensed advanced pharmacy technicians.
(c) Standards for the supervision of licensed advanced pharmacy technicians by licensed pharmacists.
(d) Standards for denial and revocation of licensure.
(e) Establishment of the effective period of a license.
(f) Requirements for renewal of a license.
(g) Requirements for reinstatement of a license.
58:3 New Section; Licensed Advanced Pharmacy Technician. Amend RSA 318 by inserting after section 15-b the following new section:
318:15-c Licensed Advanced Pharmacy Technician.
I. No person employed as a licensed advanced pharmacy technician shall perform the functions or duties of a licensed advanced pharmacy technician as defined in RSA 318:1, XXXIII unless such person is issued a license by the board and does so under standards of supervision established by rules of the board adopted pursuant to RSA 318:5-a, XI-c.
II. When a pharmacy employs a licensed advanced pharmacy technician, in addition to dispensing prescriptions the pharmacist shall provide clinical services and the pharmacy owner shall provide the resources necessary for the pharmacist to safely provide the clinical services as determined in rules adopted by the board.
III. Nothing in this section shall require a pharmacy to employ a licensed advanced pharmacy technician.
58:4 Fees; Licensed Advanced Pharmacy Technician. Amend RSA 318:6-a, I to read as follows:
I. The board shall establish fees for examination of applicants, for licenses and for renewal of licenses to practice pharmacy, for licensed advanced pharmacy technicians, for registration and certification of pharmacy technicians, and for transcribing and transferring records and other services.
58:5 Notification; Reference Added. Amend RSA 318:26-a to read as follows:
318:26-a Change in Name, Employment, or Residence. Any pharmacist, licensed advanced pharmacy technician, or pharmacy technician who changes his or her name, place or status of employment, or residence shall notify the board in writing within 15 days. For failure to report such a change within 15 days, the board may suspend the pharmacist's license, the advanced pharmacy technician's license, or the pharmacy technician's registration. Reinstatement shall be made only upon payment of a reasonable fee as established by the board.
58:6 Continuous Quality Improvement Program; Reference Added. Amend RSA 318:45-a, II to read as follows:
II. A CQI program may be comprised of staff members of the pharmacist, including pharmacists, registered pharmacist interns, licensed advanced pharmacy technicians, registered pharmacy technicians, clerical staff, and other personnel deemed necessary by the pharmacist in charge or the consultant pharmacist of record.
58:7 Receipt of Oral Prescriptions. Amend RSA 318:47-c, I(a) to read as follows:
I.(a) A prescription may be written, oral, or electronically transmitted. All oral prescriptions shall be immediately reduced to writing by the pharmacist [or], authorized technician, or licensed advanced pharmacy technician receiving the oral prescription and shall indicate at least the name of the patient; the name, strength, and quantity of the drug prescribed; any directions specified by the prescriber; the name of the practitioner prescribing the medication; the date the prescription was ordered; a statement that the prescription was presented orally; and the name of the pharmacist who took the oral order. The pharmacist who dispensed an original prescription shall indicate on the face of the prescription at least the assigned prescription identification number; the date of dispensing; the quantity actually dispensed; and his or her name or [initials] unique identifiers. The prescription shall be filed numerically by the assigned identification number for a period not less than 4 years. Such prescription files shall be open to inspection by the pharmacist board and its agents.
58:8 Effective Date. This act shall take effect July 1, 2019.
Approved: June 05, 2019
Effective Date: July 01, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2019 | House | Hearing |
| Feb. 19, 2019 | House | Exec Session |
| House | Floor Vote | |
| Feb. 27, 2019 | House | Floor Vote |
| March 27, 2019 | Senate | Hearing |
| April 3, 2019 | Senate | Hearing |
| April 11, 2019 | Senate | Floor Vote |
| April 11, 2019 | Senate | Floor Vote |
| April 18, 2019 | Senate | Floor Vote |
June 5, 2019: Signed by Governor Sununu 06/05/2019; Chapter 58; Eff: 07/01/2019
May 8, 2019: Enrolled 05/08/2019 HJ 15 P. 101
May 8, 2019: Enrolled 05/08/2019
May 15, 2019: Enrolled (In recess 05/15/2019); SJ 17
May 15, 2019: Enrolled (In recess 05/15/2019); SJ 17
May 2, 2019: House Concurs with Senate Amendment 2019-1427s (Rep. Goley): MA VV 05/02/2019 HJ 14 P. 2
May 2, 2019: House Concurs with Senate Amendment 2019-1427s (Rep. Goley): MA VV 05/02/2019
April 18, 2019: Ought to Pass with Amendment 2019-1427s, MA, VV; OT3rdg; 04/18/2019; SJ 13
April 18, 2019: Committee Amendment # 2019-1427s, AA, VV; 04/18/2019; SJ 13
April 18, 2019: Committee Report: Ought to Pass with Amendment # 2019-1427s, 04/18/2019; SJ 12
April 18, 2019: Special Order to 04/18/2019, Without Objection, MA; 04/11/2019 SJ 12
April 11, 2019: Sen. Chandley Moved to Remove HB 463-FN from the Consent Calendar; 04/11/2019; SJ 12
April 11, 2019: Committee Report: Ought to Pass with Amendment # 2019-1427s, 04/11/2019; Vote 5-0; CC; SC 17
March 27, 2019: Hearing: 03/27/2019, Room 101, LOB, 10:20 am; SC 15
April 3, 2019: Hearing: 04/03/2019, Room 101, LOB, 10:20 am; SC 15
March 14, 2019: Introduced 03/14/2019 and Referred to Executive Departments and Administration; SJ 9
Feb. 27, 2019: Ought to Pass with Amendment 2019-0466h (NT): MA VV 02/27/2019 HJ 6 P. 11
Feb. 27, 2019: Amendment # 2019-0466h (NT): AA VV 02/27/2019 HJ 6 P. 11
: Committee Report: Ought to Pass with Amendment # 2019-0466h (NT) (Vote 20-0; CC)
Feb. 27, 2019: Committee Report: Ought to Pass with Amendment # 2019-0466h (NT) for 02/27/2019 (Vote 20-0; CC) HC 13 P. 9
Feb. 19, 2019: Executive Session: 02/19/2019 10:30 am LOB 306
Feb. 13, 2019: Subcommittee Work Session: 02/13/2019 12:00 pm LOB 306
Feb. 12, 2019: Subcommittee Work Session: 02/12/2019 09:00 am LOB 306
Jan. 31, 2019: Subcommittee Work Session: 01/31/2019 01:00 pm LOB 306
Jan. 22, 2019: Public Hearing: 01/22/2019 02:00 pm LOB 306
Jan. 3, 2019: Introduced 01/03/2019 and referred to Executive Departments and Administration HJ 3 P. 15