Print Friendly SENATE BILL NO. 1337 – Practioner redefined, pharmacists
SENATE BILL NO. 1337
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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
|||| 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
2 RELATING TO THE IDAHO STATE BOARD OF PHARMACY; AMENDING SECTION 54-1705, IDAHO
3 CODE, TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION.
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
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
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
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-
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
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
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";
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
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
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
with IDAPA 27.01.01.165 PHARMACOTHERAPY.
There is no fiscal impact to the general fund.
Contact: Sen. “Moon” Wheeler, 332-1409
JoAn Condie, Idaho State Pharmacy Association, 424-1107
STATEMENT OF PURPOSE/FISCAL NOTE S 1337