Revision: Jan. 19, 2021, 11:55 a.m.
SB 57 - AS INTRODUCED
2021 SESSION
21-0938
08/06
SENATE BILL 57
AN ACT relative to allowing pharmacy technicians and interns to remotely perform non-dispensing tasks.
SPONSORS: Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Soucy, Dist 18; Sen. Bradley, Dist 3; Rep. Goley, Hills. 8; Rep. Long, Hills. 10; Rep. L. Ober, Hills. 37; Rep. McGuire, Merr. 29
COMMITTEE: Executive Departments and Administration
-----------------------------------------------------------------
ANALYSIS
This bill allows pharmacy technicians and interns to remotely perform non-dispensing tasks.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0938
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to allowing pharmacy technicians and interns to remotely perform non-dispensing tasks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition; Supervision. Amend RSA 318:1, XIX to read as follows:
XIX. "Supervision" means under the direct charge or direction and does not contemplate absence of the person responsible for providing such supervision, except where permitted by rules of the board under RSA 318:5-a, XIV. In this chapter, an individual responsible for providing supervision shall not be absent during the performance of non-dispensing functions if the supervisor is not present at the pharmacy location, and such supervision occurs remotely via audio, video, or other electronic means.
2 New Paragraph; Definition; Non-Dispensing Function. Amend RSA 318:1 by inserting after paragraph XXXIII the following new paragraph:
XXXIV. “Non-dispensing function” means an activity that does not require the physical possession of prescription drugs. Non-dispensing functions include, but are not limited to, prescription transfers, drug utilization reviews, product verification tasks, claims adjudications, refill authorizations, and entering patient and prescription information into a pharmacy’s electronic database. Non-dispensing functions may occur within or outside of a pharmacy space.
3 Licensed Pharmacists; Pharmacy Technicians. Amend RSA 318:15-a to read as follows:
318:15-a Pharmacy Technician.
I. No person shall perform the functions or duties of a pharmacy technician unless such person is either registered by the board to perform certain functions or, upon completion of training, certified to perform certain functions, and does so under standards of supervision established by rules of the board adopted pursuant to RSA 541-A.
II. Notwithstanding paragraph I, a pharmacy technician working under a pharmacist's supervision may access a pharmacy's electronic database from outside of the pharmacy and perform non-dispensing functions if:
(a) The pharmacy technician is registered or certified by the board;
(b) The pharmacy establishes controls to protect the confidentiality and integrity of patient information; and
(c) None of the database is downloaded, duplicated, or removed from the pharmacy's electronic database.
4 Licensed Pharmacists; Pharmacy Interns. Amend RSA 318:15-b to read as follows:
318:15-b Pharmacy Interns.
I. No person shall perform the functions or duties of a pharmacy intern unless such person is registered by the board to perform certain functions, and does so under standards of supervision established by rules of the board adopted pursuant to RSA 541-A.
II. Notwithstanding paragraph I, a pharmacy intern working under a pharmacist's supervision may access a pharmacy's electronic database from outside of the pharmacy and perform non-dispensing functions if:
(a) The pharmacy intern is registered by the board;
(b) The pharmacy establishes controls to protect the confidentiality and integrity of patient information; and
(c) None of the database is downloaded, duplicated, or removed from the pharmacy's electronic database.
5 New Paragraph; Licensure of Pharmacies; Required; Compliance. Amend RSA 318:37 by inserting after paragraph II the following new paragraph:
III. This section shall not prohibit pharmacists, pharmacy technicians, and pharmacy interns from remotely accessing a pharmacy’s electronic database from outside of a permitted pharmacy in order to perform non-dispensing functions.
6 Effective Date. This act shall take effect 60 days after its passage.