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1 Pharmacists and Pharmacies; Definition of the Practice of Pharmacy Added. Amend RSA 318:1, XIV to read as follows:
XIV. "Practice of pharmacy" means the professional acts performed by a pharmacist and shall include the interpretation and evaluation of prescription orders; the administration, compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug selection and drug-related device selection; drug evaluation; utilization or regimen review; the monitoring of drug therapy and use; medication therapy management in accordance with collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs and devices, and the proper maintenance of proper records; the responsibility of advising, when necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; the initiating, ordering, administering, and analyzing of FDA approved Emergency Use Authorization SARS-CoV-2 (COVID-19) point-of-care diagnostic kits (COVID-19 tests or test kits) to detect SARS-CoV-2 or its antibodies, so long as the pharmacist has received the adequate education and training to do so; and the offering or performing of these acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy.
2 Definition of Prescription Device. Amend RSA 318:1, XVI-a to read as follows:
XVI-a. "Prescription device" or "legend device" means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is restricted for distribution and use only upon the order of a licensed practitioner.
3 New Section; Pharmacists and Pharmacies; Prescription Devices. Amend RSA 318 by inserting after section 47-m the following new section:
318:47-n Prescription Devices.
I. A pharmacist may prescribe and dispense the following prescription devices or supplies approved by the federal Food and Drug Administration when necessary for the appropriate delivery or administration of a prescribed drug or device:
(a) Inhalation spacers;
(b) Nebulizers;
(c) Supplies for medical devices, including but not limited to continuous positive airway pressure (CPAP) machine supplies and insulin pump supplies;
(d) Normal saline and sterile water for irrigation or for injection with a prescription drug or device;
(e) Diabetes blood-sugar testing supplies; and
(f) Pen needles and syringes for medication use.
II. A pharmacist who prescribes under this section shall comply with the standards for competent pharmacy practice adopted by the board of pharmacy.
III. When a pharmacist prescribes and dispenses a device under this section, the pharmacist shall make a reasonable effort to notify the prescribing practitioner or the patient's primary care provider, if known, of the device prescribed and dispensed. Such notification shall not be required prior to dispensing.
IV. The board of pharmacy, in consultation with the board of medicine and the board of nursing, shall adopt rules under RSA 541-A to implement this section.
4 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Pharmacists and Pharmacies; Definition of the Practice of Pharmacy Added. Amend RSA 318:1, XIV to read as follows:
XIV. "Practice of pharmacy" means the professional acts performed by a pharmacist and shall include the interpretation and evaluation of prescription orders; the administration, compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug selection and drug-related device selection; drug evaluation; utilization or regimen review; the monitoring of drug therapy and use; medication therapy management in accordance with collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs and devices, and the proper maintenance of proper records; the responsibility of advising, when necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; the initiating, ordering, administering, and analyzing of FDA approved Emergency Use Authorization SARS-CoV-2 (COVID-19) point-of-care diagnostic kits (COVID-19 tests or test kits) to detect SARS-CoV-2 or its antibodies, so long as the pharmacist has received the adequate education and training to do so; and the offering or performance of these acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy. The practice of pharmacy includes the authority to prescribe certain prescription devices as provided inRSA 318:47-n.
2 Definition of Prescription Device. Amend RSA 318:1, XVI-a to read as follows:
XVI-a. "Prescription device" or "legend device" means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, that under federal or state law is restricted to sale or distribution on the order of a licensed practitioner. Prescription device includes those devices described inRSA 318:47-n, I.
3 New Section; Pharmacists and Pharmacies; Prescription Devices. Amend RSA 318 by inserting after section 47-m the following new section:
318:47-n Prescription Devices.
I. A pharmacist may prescribe and dispense the following prescription devices or supplies approved by the federal Food and Drug Administration when necessary for the appropriate delivery or administration of a prescribed drug or device:
(a) Inhalation spacers;
(b) Nebulizers;
(c) Supplies for medical devices, including but not limited to continuous positive airway pressure (CPAP) machine supplies and insulin pump supplies;
(d) Normal saline and sterile water for irrigation or for injection with a prescription drug or device;
(e) Diabetes blood-sugar testing supplies; and
(f) Pen needles and syringes for medication use.
II. A pharmacist who prescribes under this section shall comply with the standards for competent pharmacy practice adopted by the board of pharmacy.
III. When a pharmacist prescribes and dispenses a device under this section, the pharmacist shall make a reasonable effort to notify the prescribing practitioner or the patient's primary care provider, if known, of the device prescribed and dispensed. Such notification shall not be required prior to dispensing.
IV. The board of pharmacy, in consultation with the board of medicine and the board of nursing, shall adopt rules under RSA 541-A to implement this section.
4 Effective Date. This act shall take effect 60 days after its passage.