2002 Legislation
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HOUSE BILL NO. 392 – Pharmicists, internship defined


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Daily Data Tracking History

H0392........................................................by MR. SPEAKER
                      Requested by: Board of Pharmacy
PHARMACISTS - Amends existing law relating to the Board of Pharmacy to
further define terms relating to internships and preceptors.
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 70-0-0
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
      Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Block
    Title apvd - to Senate
01/29    Senate intro - 1st rdg - to Health/Wel
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 29-0-6
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch, Sandy,
      Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Darrington, Geddes, Keough, King-Barrutia,
      Richardson, Stennett
    Floor Sponsor - Wheeler
    Title apvd - to House
02/08    To enrol
02/11    Rpt enrol - Sp signed
02/12    Pres signed
02/13    To Governor
02/19    Governor signed
         Session Law Chapter 26
         Effective: 07/01/02

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 392
                                       BY MR. SPEAKER
                              Requested by: Board of Pharmacy
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 54-1705, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10        54-1705.  DEFINITIONS.  (1) "Board of pharmacy" or "board" means the Idaho
 11    state board of pharmacy.
 12        (2)  "Counseling or counsel" means  the  effective  communication  by  the
 13    pharmacist  of  information  as  set  out  in  this chapter, to the patient or
 14    caregiver, in order to improve therapeutic outcomes by maximizing  proper  use
 15    of  prescription  medications  and devices. Specific areas of counseling shall
 16    include, but are not limited to:
 17        (a)  Name and strength and description of the medication;
 18        (b)  Route of administration, dosage, dosage form, continuity  of  therapy
 19        and refill information;
 20        (c)  Special  directions  and precautions for preparation, administration,
 21        storage and use by the patient as deemed necessary by the pharmacist;
 22        (d)  Side effects or adverse  effects  and  interactions  and  therapeutic
 23        contraindications  that  may  be  encountered,  including their avoidance,
 24        which may interfere with the proper use of the medication or device as was
 25        intended by the prescriber, and the action required if they occur;
 26        (e)  Techniques for self-monitoring drug therapy; and
 27        (f)  Action to be taken in the event of a missed dose.
 28        (3)  "Deliver" or "delivery" means the actual, constructive  or  attempted
 29    transfer  of  a  drug or device from one (1) person to another, whether or not
 30    for a consideration.
 31        (4)  "Device" means an instrument, apparatus, implement, machine, contriv-
 32    ance, implant, invitro reagent or other similar related article including  any
 33    component part or accessory which is:
 34        (a)  Recognized  in  the  official United States Pharmacopoeia or official
 35        National Formulary, other drug compendia or any supplement to them;
 36        (b)  Intended for use in the diagnosis of disease or other conditions,  or
 37        the  cure,  mitigation, treatment or prevention of disease in man or other
 38        animal;
 39        (c)  Intended to effect the structure or any function of the body  of  man
 40        or  other animal, and which does not achieve any of its principal intended
 41        purposes through chemical action within or on the body  of  man  or  other
 42        animal, and which is not dependent upon being metabolized for the achieve-
 43        ment of any of its principal intended purposes.
  1        (5)  "Dispense"  or  "dispensing"  means the preparation and delivery of a
  2    prescription drug pursuant to a lawful order of a practitioner in  a  suitable
  3    container  appropriately  labeled for subsequent administration to or use by a
  4    patient or other individual entitled to receive the prescription drug.
  5        (6)  "Distribute" means the delivery of a drug other than by administering
  6    or dispensing.
  7        (7)  "Drug" means:
  8        (a)  Articles recognized as drugs in the official United States  Pharmaco-
  9        poeia,  official  National  Formulary, official Homeopathic Pharmacopoeia,
 10        other drug compendia or any supplement to any of them;
 11        (b)  Articles intended for use in the diagnosis, cure, mitigation,  treat-
 12        ment or prevention of disease in man or other animal;
 13        (c)  Articles,  other  than  food, intended to affect the structure or any
 14        function of the body of man or other animals; and
 15        (d)  Articles intended for use as a component of any articles specified in
 16        paragraph (a), (b) or (c) of this subsection.
 17        (8)  "Drug order" means a written order, in a  hospital  or  other  health
 18    care institution, for an ultimate user of any drug or device issued and signed
 19    by  a  practitioner,  or  an order transmitted by other means of communication
 20    from a practitioner, which is immediately reduced to writing by a  pharmacist,
 21    registered  nurse or other licensed health care practitioner authorized by the
 22    hospital or institution. The order shall contain the name and  bed  number  of
 23    the patient, the name and strength or size of the drug or device, unless spec-
 24    ified  by  individual  institution  policy or guideline, the amount to be dis-
 25    pensed, either in quantity or days, adequate directions for the proper use  of
 26    the drug or device when it is administered to the patient, and the name of the
 27    prescriber.
 28        (9)  "Drug  outlet"  means  all  pharmacies, nursing homes, residential or
 29    assisted living facilities, convalescent homes, extended care facilities, drug
 30    abuse treatment centers, penal institutions, hospitals, family planning  clin-
 31    ics,  retail  stores,  wholesalers,  manufacturers and mail order vendors with
 32    facilities located in this state which are engaged in dispensing, delivery  or
 33    distribution  of  drugs and drug manufacturers and wholesalers with facilities
 34    located outside the state, but doing business within this state.
 35        (10) "Prospective drug review" includes, but is not limited to,  the  fol-
 36    lowing activities:
 37        (a)  Evaluation of the prescription or medication order for:
 38             1.  Known allergies;
 39             2.  Rational therapy contraindications;
 40             3.  Reasonable dose and route of administration; and
 41             4.  Reasonable directions for use.
 42        (b)  Evaluation of the prescription or medication order for duplication of
 43        therapy.
 44        (c)  Evaluation of the prescription or medication order for interactions:
 45             1.  Drug-drug;
 46             2.  Drug-food; and
 47             3.  Drug-disease.
 48        (d)  Evaluation  of the prescription or medication order for proper utili-
 49        zation:
 50             1.  Over or under utilization; and
 51             2.  Abuse/misuse.
 52        (11) "Extern" means a bona fide student enrolled in an approved college of
 53    pharmacy who has not received his first professional degree in pharmacy.
 54        (12) "Externship" means a structured practical experience program in phar-
 55    macy, approved by the board and administered by a college of pharmacy.
  1        (13) "Intern" means any person who has completed a course of study  at  an
  2    approved  college of pharmacy, received the first professional degree in phar-
  3    macy and is registered with the board as an intern. Interns must register with
  4    the board prior to commencement of an internship program.
  5        (14) "Internship" means a postgraduate practical experience program  under
  6    the  supervision  of a licensed pharmacist registered as a preceptor at a pre-
  7    ceptor site.
  8        (15) "Investigational or new drug" means any  drug  which  is  limited  by
  9    state  or  federal law to use under professional supervision of a practitioner
 10    authorized by law to prescribe or administer such drug.
 11        (16) "Labeling" means the process of preparing and affixing of a label  to
 12    any  drug  container,  exclusive  however,  of the labeling by a manufacturer,
 13    packer or distributor of a nonprescription drug or commercially packaged  leg-
 14    end  drug  or device. Any such label shall include all information required by
 15    federal and state law or regulation.
 16        (17) "Manufacture" means the production,  preparation,  propagation,  com-
 17    pounding,  conversion  or processing of a device or a drug, either directly or
 18    indirectly by extraction from substances of natural origin or independently by
 19    means of chemical synthesis or by a combination  of  extraction  and  chemical
 20    synthesis and includes any packaging or repackaging of the substance or label-
 21    ing or relabeling of its container, except that this term does not include the
 22    preparation  or  compounding of a drug by an individual for his own use or the
 23    preparation, compounding, packaging or labeling of a drug:
 24        (a)  By a pharmacist or practitioner as an incident to  his  administering
 25        or dispensing of a drug in the course of his professional practice; or
 26        (b)  By  a  practitioner or by his authorization under his supervision for
 27        the purpose of or as an incident to research, teaching or chemical  analy-
 28        sis and not for sale.
 29        (18) "Manufacturer"  means  a person who by compounding, cultivating, har-
 30    vesting, mixing or other process,  produces  or  prepares  legend  drugs,  and
 31    includes  persons  who prepare such drugs in dosage forms by mixing, compound-
 32    ing,  encapsulating,  entableting,  or  other  process,  or  who  packages  or
 33    repackages such drugs, but does not include pharmacists  or  practitioners  in
 34    the practice of their profession.
 35        (19) "Precursor"  means  a substance, other than a legend drug which is an
 36    immediate chemical intermediate that can be processed or  synthesized  into  a
 37    legend drug, and is used or produced primarily for use in the manufacture of a
 38    legend  drug by persons other than persons licensed to manufacture such legend
 39    drugs by the Idaho board of pharmacy, registered by the state board of  health
 40    and welfare, or licensed to practice pharmacy by the Idaho board of pharmacy.
 41        (20) "Person"  means  an individual, corporation, partnership, association
 42    or any other legal entity.
 43        (21) "Pharmaceutical care" means drug  therapy  and  other  pharmaceutical
 44    patient care services intended to achieve outcomes related to the cure or pre-
 45    vention  of  a  disease,  elimination or reduction of a patient's symptoms, or
 46    arresting or slowing of a disease process as  defined  in  the  rules  of  the
 47    board.
 48        (22) "Pharmacist"  means an individual licensed by this state to engage in
 49    the practice of pharmacy.
 50        (23) "Pharmacy" means any facility, department or other place  where  pre-
 51    scriptions  are  filled or compounded and are sold, dispensed, offered or dis-
 52    played for sale, which has, as its principal purpose, the dispensing  of  drug
 53    and health supplies intended for the general health, welfare and safety of the
 54    public.
 55        (24) "Practitioner"  shall mean a physician, dentist, veterinarian, scien-
  1    tific investigator or other person (other than a pharmacist) licensed in  this
  2    state and permitted by such license to dispense, conduct research with respect
  3    to  or  administer drugs in the course of professional practice or research in
  4    this state.
  5        (25) "Preceptor" means a pharmacist licensed in  the  state  and  in  good
  6    standing,  who  supervises the internship training of a registered intern. The
  7    preceptor must be registered as a preceptor and shall be actively  engaged  in
  8    the  practice  of  pharmacy  on  a  full-time employment basis in the approved
  9    training area at a registered preceptor site.
 10        (26) "Preceptor site" means any training site  for  pharmacy  interns  and
 11    externs registered with the board pursuant to board rule.
 12        (27) "Prescription  drug or legend drug" means a drug which, under federal
 13    law is required, prior to being dispensed or delivered, to be labeled with one
 14    (1) of the following statements:
 15        (a)  "Caution: Federal law prohibits dispensing without  a  prescription";
 16        or
 17        (b)  "Rx Only"; or
 18        (c)  "Caution:  Federal  law restricts this drug to use by or on the order
 19        of a licensed veterinarian";
 20    or a drug which is required by any applicable federal or state law or  regula-
 21    tion  to  be dispensed on prescription only or is restricted to use by practi-
 22    tioners only.
 23        (278) "Prescription drug order" means a lawful written or verbal order  of
 24    a practitioner for a drug.
 25        (289) "Nonprescription  drugs"  means medicines or drugs which may be sold
 26    without a prescription and which are prepackaged for use by the  consumer  and
 27    labeled in accordance with the requirements of the statutes and regulations of
 28    this state and the federal government.
 29        (2930) "Record"  means  all  papers,  letters, memoranda, notes, prescrip-
 30    tions, drug orders, invoices, statements, patient medication charts or  files,
 31    computerized  records or other written indicia, documents or objects which are
 32    used in any way in connection with the purchase, sale or handling of any  drug
 33    or device.
 34        (301) "Sale" means every sale and includes:
 35        (a)  Manufacturing,  processing,  transporting, handling, packaging or any
 36        other production, preparation or repackaging;
 37        (b)  Exposure, offer, or any other proffer;
 38        (c)  Holding, storing or any other possession;
 39        (d)  Dispensing, giving, delivering or any other supplying; and
 40        (e)  Applying, administering or any other usage.
 41        (312) "Warehouseman" means a person who stores legend drugs for others and
 42    who has no control over the disposition of such drugs except for  the  purpose
 43    of such storage.
 44        (323) "Wholesaler"  means a person engaged in the business of distributing
 45    legend drugs that he himself has not produced or prepared, to persons included
 46    in any of the classes named in subsection  (2)  (a)  through  (f)  of  section
 47    54-1734, Idaho Code.
 48        SECTION  2.  That  Section 54-4702, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
 50        54-4702.  DEFINITIONS. As used in this chapter:
 51        (1)  "Acupuncture" means that theory of health care developed from  tradi-
 52    tional  and  modern  Oriental  medical philosophies that employs diagnosis and
 53    treatment of conditions of the human body based upon stimulation  of  specific
  1    acupuncture  points  on meridians of the human body for the promotion, mainte-
  2    nance, and restoration of health and for the prevention of disease.  Therapies
  3    within  the scope of acupuncture include manual, mechanical, thermal, electri-
  4    cal  and  electromagnetic  treatment  of  such  specific   indicated   points.
  5    Adjunctive  therapies  included  in, but not exclusive to, acupuncture include
  6    herbal and nutritional treatments, therapeutic exercise  and  other  therapies
  7    based on traditional and modern Oriental medical theory.
  8        (2)  "Board" means the Idaho state board of acupuncture.
  9        (3)  "NCCAOM"   means  "National  Certification Commission for Acupuncture
 10    and Oriental Medicine."
 11        (4)  "Practice of acupuncture" means the insertion of acupuncture  needles
 12    and   use   of   similar  devices  and  therapies,  including  application  of
 13    moxibustion, to specific indicated points on the skin of  the  human  body  as
 14    indicated  pursuant  to  traditional and modern theories of Oriental medicine.
 15    The "practice of acupuncture" does not include:
 16        (a)  surgery; or
 17        (b)  prescribing, dispensing or administering  any  prescription  drug  or
 18        legend drug as defined in section 54-1705(267), Idaho Code.
 19        SECTION  3.  That  Section 37-3201, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
 21        37-3201.  DEFINITIONS. As used in this chapter:
 22        (1) "Code imprint" means a series of letters or numbers  assigned  by  the
 23    manufacturer  or  distributor to a specific drug, or marks or monograms unique
 24    to the manufacturer or distributor of the drug, or both;
 25        (2)  "Distributor" means a person who distributes for  resale  a  drug  in
 26    solid  dosage  form under his own label even though he is not the actual manu-
 27    facturer of the drug;
 28        (3)  "Solid dosage form" means capsules or tablets intended for oral use;
 29        (4)  "Legend drug" means any drug defined by section  54-1705(237),  Idaho
 30    Code.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                             RS 11432

     The proposed changes revise the requirement that a preceptor be 
registered to a requirement that the preceptor be a licensed
pharmacist working at a registered preceptor site, add a new
subsection to define "preceptor site", amend the definition of 
"internship" to coincide with the changes, renumber subsections and 
amend a code section reference in Subsection 54-4702(4)(b), 
Idaho Code to correspond to renumbered subsection in Section 54-1705, 
Idaho Code.

                         FISCAL IMPACT

There will be no fiscal impact to the general fund or other state 
funds or to local government funds.

Name:  Richard K. Markuson
Agency: Pharmacy, Board of
Phone: 334-2356

Statement of Purpose/Fiscal Impact                         H0392