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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 392 BY MR. SPEAKER Requested by: Board of Pharmacy 1 AN ACT 2 RELATING TO THE BOARD OF PHARMACY; AMENDING SECTION 54-1705, IDAHO CODE, TO 3 FURTHER DEFINE TERMS RELATING TO INTERNSHIP AND PRECEPTORS AND TO MAKE A 4 TECHNICAL CORRECTION; AMENDING SECTION 54-4702, IDAHO CODE, TO PROVIDE 5 CORRECT CODE CITATIONS; AND AMENDING SECTION 37-3201, IDAHO CODE, TO PRO- 6 VIDE A CORRECT CODE CITATION. 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. 2 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. 3 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 alicensed pharmacist registered as apreceptor 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- 4 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 preceptormust be registered as a preceptor andshall be actively engaged in 8 the practice of pharmacy on a full-time employment basisin the approved9training areaat 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 5 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
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.
CONTACT
Name: Richard K. Markuson
Agency: Pharmacy, Board of
Phone: 334-2356
Statement of Purpose/Fiscal Impact H0392