2002 Legislation
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SENATE BILL NO. 1337 – Practioner redefined, pharmacists


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Daily Data Tracking History

S1337.................................................by HEALTH AND WELFARE
PHARMACISTS - Amends existing law relating to the Idaho State Board of
Pharmacy to include pharmacists within the definition of "practitioners."
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Health/Wel
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Darrington
    Floor Sponsor - Wheeler
    Title apvd - to House
02/11    House intro - 1st rdg - to Health/Wel

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1337
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION 1.  That Section 54-1705, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
  7        54-1705.  DEFINITIONS.  (1) "Board of pharmacy" or "board" means the Idaho
  8    state board of pharmacy.
  9        (2)  "Counseling or counsel" means  the  effective  communication  by  the
 10    pharmacist  of  information  as  set  out  in  this chapter, to the patient or
 11    caregiver, in order to improve therapeutic outcomes by maximizing  proper  use
 12    of  prescription  medications  and devices. Specific areas of counseling shall
 13    include, but are not limited to:
 14        (a)  Name and strength and description of the medication;
 15        (b)  Route of administration, dosage, dosage form, continuity  of  therapy
 16        and refill information;
 17        (c)  Special  directions  and precautions for preparation, administration,
 18        storage and use by the patient as deemed necessary by the pharmacist;
 19        (d)  Side effects or adverse  effects  and  interactions  and  therapeutic
 20        contraindications  that  may  be  encountered,  including their avoidance,
 21        which may interfere with the proper use of the medication or device as was
 22        intended by the prescriber, and the action required if they occur;
 23        (e)  Techniques for self-monitoring drug therapy; and
 24        (f)  Action to be taken in the event of a missed dose.
 25        (3)  "Deliver" or "delivery" means the actual, constructive  or  attempted
 26    transfer  of  a  drug or device from one (1) person to another, whether or not
 27    for a consideration.
 28        (4)  "Device" means an instrument, apparatus, implement, machine, contriv-
 29    ance, implant, invitro reagent or other similar related article including  any
 30    component part or accessory which is:
 31        (a)  Recognized  in  the  official United States Pharmacopoeia or official
 32        National Formulary, other drug compendia or any supplement to them;
 33        (b)  Intended for use in the diagnosis of disease or other conditions,  or
 34        the  cure,  mitigation, treatment or prevention of disease in man or other
 35        animal;
 36        (c)  Intended to effect the structure or any function of the body  of  man
 37        or  other animal, and which does not achieve any of its principal intended
 38        purposes through chemical action within or on the body  of  man  or  other
 39        animal, and which is not dependent upon being metabolized for the achieve-
 40        ment of any of its principal intended purposes.
 41        (5)  "Dispense"  or  "dispensing"  means the preparation and delivery of a
 42    prescription drug pursuant to a lawful order of a practitioner in  a  suitable
 43    container  appropriately  labeled for subsequent administration to or use by a
  1    patient or other individual entitled to receive the prescription drug.
  2        (6)  "Distribute" means the delivery of a drug other than by administering
  3    or dispensing.
  4        (7)  "Drug" means:
  5        (a)  Articles recognized as drugs in the official United States  Pharmaco-
  6        poeia,  official  National  Formulary, official Homeopathic Pharmacopoeia,
  7        other drug compendia or any supplement to any of them;
  8        (b)  Articles intended for use in the diagnosis, cure, mitigation,  treat-
  9        ment or prevention of disease in man or other animal;
 10        (c)  Articles,  other  than  food, intended to affect the structure or any
 11        function of the body of man or other animals; and
 12        (d)  Articles intended for use as a component of any articles specified in
 13        paragraph (a), (b) or (c) of this subsection.
 14        (8)  "Drug order" means a written order, in a  hospital  or  other  health
 15    care institution, for an ultimate user of any drug or device issued and signed
 16    by  a  practitioner,  or  an order transmitted by other means of communication
 17    from a practitioner, which is immediately reduced to writing by a  pharmacist,
 18    registered  nurse or other licensed health care practitioner authorized by the
 19    hospital or institution. The order shall contain the name and  bed  number  of
 20    the patient, the name and strength or size of the drug or device, unless spec-
 21    ified  by  individual  institution  policy or guideline, the amount to be dis-
 22    pensed, either in quantity or days, adequate directions for the proper use  of
 23    the drug or device when it is administered to the patient, and the name of the
 24    prescriber.
 25        (9)  "Drug  outlet"  means  all  pharmacies, nursing homes, residential or
 26    assisted living facilities, convalescent homes, extended care facilities, drug
 27    abuse treatment centers, penal institutions, hospitals, family planning  clin-
 28    ics,  retail  stores,  wholesalers,  manufacturers and mail order vendors with
 29    facilities located in this state which are engaged in dispensing, delivery  or
 30    distribution  of  drugs and drug manufacturers and wholesalers with facilities
 31    located outside the state, but doing business within this state.
 32        (10) "Prospective drug review" includes, but is not limited to,  the  fol-
 33    lowing activities:
 34        (a)  Evaluation of the prescription or medication order for:
 35             1.  Known allergies;
 36             2.  Rational therapy contraindications;
 37             3.  Reasonable dose and route of administration; and
 38             4.  Reasonable directions for use.
 39        (b)  Evaluation of the prescription or medication order for duplication of
 40        therapy.
 41        (c)  Evaluation of the prescription or medication order for interactions:
 42             1.  Drug-drug;
 43             2.  Drug-food; and
 44             3.  Drug-disease.
 45        (d)  Evaluation  of the prescription or medication order for proper utili-
 46        zation:
 47             1.  Over or under utilization; and
 48             2.  Abuse/misuse.
 49        (11) "Extern" means a bona fide student enrolled in an approved college of
 50    pharmacy who has not received his first professional degree in pharmacy.
 51        (12) "Externship" means a structured practical experience program in phar-
 52    macy, approved by the board and administered by a college of pharmacy.
 53        (13) "Intern" means any person who has completed a course of study  at  an
 54    approved  college of pharmacy, received the first professional degree in phar-
 55    macy and is registered with the board as an intern. Interns must register with
  1    the board prior to commencement of an internship program.
  2        (14) "Internship" means a postgraduate practical experience program  under
  3    the supervision of a licensed pharmacist registered as a preceptor.
  4        (15) "Investigational  or  new  drug"  means  any drug which is limited by
  5    state or federal law to use under professional supervision of  a  practitioner
  6    authorized by law to prescribe or administer such drug.
  7        (16) "Labeling"  means the process of preparing and affixing of a label to
  8    any drug container, exclusive however, of  the  labeling  by  a  manufacturer,
  9    packer  or distributor of a nonprescription drug or commercially packaged leg-
 10    end drug or device. Any such label shall include all information  required  by
 11    federal and state law or regulation.
 12        (17) "Manufacture"  means  the  production, preparation, propagation, com-
 13    pounding, conversion or processing of a device or a drug, either  directly  or
 14    indirectly by extraction from substances of natural origin or independently by
 15    means  of  chemical  synthesis  or by a combination of extraction and chemical
 16    synthesis and includes any packaging or repackaging of the substance or label-
 17    ing or relabeling of its container, except that this term does not include the
 18    preparation or compounding of a drug by an individual for his own use  or  the
 19    preparation, compounding, packaging or labeling of a drug:
 20        (a)  By  a  pharmacist or practitioner as an incident to his administering
 21        or dispensing of a drug in the course of his professional practice; or
 22        (b)  By a practitioner or by his authorization under his  supervision  for
 23        the  purpose of or as an incident to research, teaching or chemical analy-
 24        sis and not for sale.
 25        (18) "Manufacturer" means a person who by compounding,  cultivating,  har-
 26    vesting,  mixing  or  other  process,  produces  or prepares legend drugs, and
 27    includes persons who prepare such drugs in dosage forms by  mixing,  compound-
 28    ing,  encapsulating,  entableting,  or  other  process,  or  who  packages  or
 29    repackages  such  drugs,  but does not include pharmacists or practitioners in
 30    the practice of their profession.
 31        (19) "Precursor" means a substance, other than a legend drug which  is  an
 32    immediate  chemical  intermediate  that can be processed or synthesized into a
 33    legend drug, and is used or produced primarily for use in the manufacture of a
 34    legend drug by persons other than persons licensed to manufacture such  legend
 35    drugs  by the Idaho board of pharmacy, registered by the state board of health
 36    and welfare, or licensed to practice pharmacy by the Idaho board of pharmacy.
 37        (20) "Person" means an individual, corporation,  partnership,  association
 38    or any other legal entity.
 39        (21) "Pharmaceutical  care"  means  drug  therapy and other pharmaceutical
 40    patient care services intended to achieve outcomes related to the cure or pre-
 41    vention of a disease, elimination or reduction of  a  patient's  symptoms,  or
 42    arresting  or  slowing  of  a  disease  process as defined in the rules of the
 43    board.
 44        (22) "Pharmacist" means an individual licensed by this state to engage  in
 45    the practice of pharmacy.
 46        (23) "Pharmacy"  means  any facility, department or other place where pre-
 47    scriptions are filled or compounded and are sold, dispensed, offered  or  dis-
 48    played  for  sale, which has, as its principal purpose, the dispensing of drug
 49    and health supplies intended for the general health, welfare and safety of the
 50    public.
 51        (24) "Practitioner" shall mean a physician, dentist,  pharmacist,  veteri-
 52    narian,    scientific  investigator  or other person (other than a pharmacist)
 53    licensed in this state and permitted by  such  license  to  dispense,  conduct
 54    research  with  respect  to  or administer drugs in the course of professional
 55    practice or research in this state; provided however,  this  definition  shall
  1    not  be  deemed to be a grant of authority to a pharmacist to diagnose illness
  2    or other medical conditions or to issue prescriptions or drug orders. To prac-
  3    tice pharmacotherapy, a pharmacist must have a collaborative  practice  agree-
  4    ment as provided by rules governing pharmacotherapy.
  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 on a
  8    full-time employment basis in the approved training area.
  9        (26) "Prescription  drug or legend drug" means a drug which, under federal
 10    law is required, prior to being dispensed or delivered, to be labeled with one
 11    (1) of the following statements:
 12        (a)  "Caution: Federal law prohibits dispensing without  a  prescription";
 13        or
 14        (b)  "Rx Only"; or
 15        (c)  "Caution:  Federal  law restricts this drug to use by or on the order
 16        of a licensed veterinarian";
 17    or a drug which is required by any applicable federal or state law or  regula-
 18    tion  to  be dispensed on prescription only or is restricted to use by practi-
 19    tioners only.
 20        (27) "Prescription drug order" means a lawful written or verbal order of a
 21    practitioner for a drug.
 22        (28) "Nonprescription drugs" means medicines or drugs which  may  be  sold
 23    without  a  prescription and which are prepackaged for use by the consumer and
 24    labeled in accordance with the requirements of the statutes and regulations of
 25    this state and the federal government.
 26        (29) "Record" means all papers, letters, memoranda, notes,  prescriptions,
 27    drug orders, invoices, statements, patient medication charts or files, comput-
 28    erized  records  or other written indicia, documents or objects which are used
 29    in any way in connection with the purchase, sale or handling of  any  drug  or
 30    device.
 31        (30) "Sale" means every sale and includes:
 32        (a)  Manufacturing,  processing,  transporting, handling, packaging or any
 33        other production, preparation or repackaging;
 34        (b)  Exposure, offer, or any other proffer;
 35        (c)  Holding, storing or any other possession;
 36        (d)  Dispensing, giving, delivering or any other supplying; and
 37        (e)  Applying, administering or any other usage.
 38        (31) "Warehouseman" means a person who stores legend drugs for others  and
 39    who  has  no control over the disposition of such drugs except for the purpose
 40    of such storage.
 41        (32) "Wholesaler" means a person engaged in the business  of  distributing
 42    legend drugs that he himself has not produced or prepared, to persons included
 43    in  any  of  the  classes  named  in subsection (2) (a) through (f) of section
 44    54-1734, Idaho Code.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

                             RS 11600C2

This legislation includes “pharmacist” in the definition of 
“Practitioner” in the Idaho Code. This legislation does not, 
however, grant authority to a pharmacist to diagnose illness 
or other medical conditions or to issue prescriptions or drug 
orders. The purpose of this legislation is to recognize 
pharmacists as health care practitioners which allows provider 
numbers to be assigned, enabling independent billing in compliance 

                       FISCAL IMPACT

There is no fiscal impact to the general fund.

Contact:   Sen. “Moon” Wheeler, 332-1409
           JoAn Condie, Idaho State Pharmacy Association, 424-1107