Bill Text - HB463 (2019)

(Second New Title) relative to licensure of advanced pharmacy technicians.


Revision: March 7, 2019, 2:46 p.m.

HB 463-FN - AS AMENDED BY THE HOUSE

 

27Feb2019... 0466h

2019 SESSION

19-0458

10/01

 

HOUSE BILL 463-FN

 

AN ACT relative to licensure of pharmacist assistants.

 

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 pharmacist assistants 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 19-0458

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to licensure of pharmacist assistants.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Definition; Licensed Pharmacist Assistant.  Amend RSA 318:1 by inserting after paragraph XXXII the following new paragraph:

XXXIII.  “Licensed pharmacist assistant” 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.

2  New Paragraph; Pharmacy; Rulemaking; Licensed Pharmacist Assistant.  Amend RSA 318:5-a by inserting after paragraph XI-b the following new paragraph:

XI-c.  Licensure of pharmacist assistants, including:

(a)  Requirements for licensure, including experience and education requirements.

(b)  The duties, functions, and standards of conduct of licensed pharmacist assistants.

(c)  Standards for the supervision of licensed pharmacist assistants 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.

3  New Section; Licensed Pharmacist Assistant.  Amend RSA 318 by inserting after section 15-b the following new section:

318:15-c  Licensed Pharmacist Assistants.

I.  No person employed as a licensed pharmacist assistant shall perform the functions or duties of a licensed pharmacist assistant 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 pharmacist assistant, 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 pharmacist assistant.

4  Fees; Licensed Pharmacist Assistant.  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 pharmacist, for licensure of pharmacist assistants, for registration and certification of pharmacy technicians, and for transcribing and transferring records and other services.

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 pharmacist assistant, 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 pharmacist assistant's license, or the pharmacy technician's registration.  Reinstatement shall be made only upon payment of a reasonable fee as established by the board.

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 pharmacist assistants, registered pharmacy technicians, clerical staff, and other personnel deemed necessary by the pharmacist in charge or the consultant pharmacist of record.

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 pharmacist assistant 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.  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.

8  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

19-0458

Amended 3/7/19

 

HB 463-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0466h)

 

AN ACT relative to licensure of pharmacist assistants.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2020 through 2023.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification