Print Friendly HOUSE BILL NO. 390
– Pharmacists, definitions revised
HOUSE BILL NO. 390
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H0390.................................................by HEALTH AND WELFARE
PHARMACISTS - Amends existing law relating to pharmacists to revise the
definition of "practitioner."
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Health/Wel
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Eskridge
Floor Sponsor - Chew
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to Health/Wel
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Coiner, Gannon
Floor Sponsor - Lodge
Title apvd - to House
02/26 To enrol
02/27 Rpt enrol - Sp signed
02/28 Pres signed
02/29 To Governor
03/03 Governor signed
Session Law Chapter 51
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 390
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PHARMACISTS; AMENDING SECTION 54-1705, IDAHO CODE, TO REVISE THE
3 DEFINITION OF "PRACTITIONER" AND TO MAKE TECHNICAL CORRECTIONS.
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. In this chapter:
8 (1) "Board of pharmacy" or "board" means the Idaho state board of phar-
10 (2) "Counseling" or "counsel" means the effective communication by the
11 pharmacist of information as set out in this chapter, to the patient or
12 caregiver, in order to improve therapeutic outcomes by maximizing proper use
13 of prescription medications and devices. Specific areas of counseling shall
14 include, but are not limited to:
15 (a) Name and strength and description of the medication;
16 (b) Route of administration, dosage, dosage form, continuity of therapy
17 and refill information;
18 (c) Special directions and precautions for preparation, administration,
19 storage and use by the patient as deemed necessary by the pharmacist;
20 (d) Side effects or adverse effects and interactions and therapeutic
21 contraindications that may be encountered, including their avoidance,
22 which may interfere with the proper use of the medication or device as was
23 intended by the prescriber, and the action required if they occur;
24 (e) Techniques for self-monitoring drug therapy; and
25 (f) Action to be taken in the event of a missed dose.
26 (3) "Deliver" or "delivery" means the actual, constructive or attempted
27 transfer of a drug or device from one (1) person to another, whether or not
28 for a consideration.
29 (4) "Device" means an instrument, apparatus, implement, machine, contriv-
30 ance, implant, in vitro reagent or other similar related article including any
31 component part or accessory which is:
32 (a) Recognized in the official United States Pharmacopoeia or official
33 National Formulary, other drug compendia or any supplement to them;
34 (b) Intended for use in the diagnosis of disease or other conditions, or
35 the cure, mitigation, treatment or prevention of disease in man or other
37 (c) Intended to effect affect the structure or any function of the body
38 of man or other animal, and which does not achieve any of its principal
39 intended purposes through chemical action within or on the body of man or
40 other animal, and which is not dependent upon being metabolized for the
41 achievement of any of its principal intended purposes.
42 (5) "Dispense" or "dispensing" means the preparation and delivery of a
43 prescription drug pursuant to a lawful order of a practitioner in a suitable
1 container appropriately labeled for subsequent administration to or use by a
2 patient or other individual entitled to receive the prescription drug.
3 (6) "Distribute" means the delivery of a drug other than by administering
4 or dispensing.
5 (7) "Drug" means:
6 (a) Articles recognized as drugs in the official United States Pharmaco-
7 poeia, official National Formulary, official Homeopathic Pharmacopoeia,
8 other drug compendia or any supplement to any of them;
9 (b) Articles intended for use in the diagnosis, cure, mitigation, treat-
10 ment or prevention of disease in man or other animal;
11 (c) Articles, other than food, intended to affect the structure or any
12 function of the body of man or other animals; and
13 (d) Articles intended for use as a component of any articles specified in
14 paragraph (a), (b) or (c) of this subsection.
15 (8) "Drug order" means a written order, in a hospital or other health
16 care institution, for an ultimate user of any drug or device issued and signed
17 by a practitioner, or an order transmitted by other means of communication
18 from a practitioner, which is immediately reduced to writing by a pharmacist,
19 registered nurse or other licensed health care practitioner authorized by the
20 hospital or institution. The order shall contain the name and bed number of
21 the patient, the name and strength or size of the drug or device, unless spec-
22 ified by individual institution policy or guideline, the amount to be dis-
23 pensed, either in quantity or days, adequate directions for the proper use of
24 the drug or device when it is administered to the patient, and the name of the
26 (9) "Drug outlet" means all pharmacies, nursing homes, residential or
27 assisted living facilities, convalescent homes, extended care facilities, drug
28 abuse treatment centers, penal institutions, hospitals, family planning clin-
29 ics, retail stores, wholesalers, manufacturers and mail order vendors with
30 facilities located in this state which are engaged in dispensing, delivery or
31 distribution of drugs and drug manufacturers and wholesalers with facilities
32 located outside the state, but doing business within this state.
33 (10) "Extern" means a bona fide student enrolled in an approved college of
34 pharmacy who has not received his first professional degree in pharmacy.
35 (11) "Externship" means a structured practical experience program in phar-
36 macy, approved by the board and administered by a college of pharmacy.
37 (12) "Health care facility" means a health care facility as defined in
38 section 54-1601, Idaho Code.
39 (13) "Intern" means any person who has completed a course of study at an
40 approved college of pharmacy, received the first professional degree in phar-
41 macy and is registered with the board as an intern. Interns must register with
42 the board prior to commencement of an internship program.
43 (14) "Internship" means a postgraduate practical experience program under
44 the supervision of a preceptor at a preceptor site.
45 (15) "Investigational or new drug" means any drug which is limited by
46 state or federal law to use under professional supervision of a practitioner
47 authorized by law to prescribe or administer such drug.
48 (16) "Labeling" means the process of preparing and affixing of a label to
49 any drug container, exclusive however, of the labeling by a manufacturer,
50 packer or distributor of a nonprescription drug or commercially packaged leg-
51 end drug or device. Any such label shall include all information required by
52 federal and state law or regulation.
53 (17) "Manufacture" means the production, preparation, propagation, com-
54 pounding, conversion or processing of a device or a drug, either directly or
55 indirectly by extraction from substances of natural origin or independently by
1 means of chemical synthesis or by a combination of extraction and chemical
2 synthesis and includes any packaging or repackaging of the substance or label-
3 ing or relabeling of its container, except that this term does not include the
4 preparation or compounding of a drug by an individual for his own use or the
5 preparation, compounding, packaging or labeling of a drug:
6 (a) By a pharmacist or practitioner as an incident to his administering
7 or dispensing of a drug in the course of his professional practice; or
8 (b) By a practitioner or by his authorization under his supervision for
9 the purpose of or as an incident to research, teaching or chemical analy-
10 sis and not for sale.
11 (18) "Manufacturer" means a person who by compounding, cultivating, har-
12 vesting, mixing or other process, produces or prepares legend drugs, and
13 includes persons who prepare such drugs in dosage forms by mixing, compound-
14 ing, encapsulating, entableting, or other process, or who packages or
15 repackages such drugs, but does not include pharmacists or practitioners in
16 the practice of their profession.
17 (19) "Nonprescription drugs" means medicines or drugs which may be sold
18 without a prescription and which are prepackaged for use by the consumer and
19 labeled in accordance with the requirements of the statutes and regulations of
20 this state and the federal government.
21 (20) "Person" means an individual, corporation, partnership, association
22 or any other legal entity.
23 (21) "Pharmaceutical care" means drug therapy and other pharmaceutical
24 patient care services intended to achieve outcomes related to the cure or pre-
25 vention of a disease, elimination or reduction of a patient's symptoms, or
26 arresting or slowing of a disease process as defined in the rules of the
28 (22) "Pharmacist" means an individual licensed by this state to engage in
29 the practice of pharmacy.
30 (23) "Pharmacy" means any facility, department or other place where pre-
31 scriptions are filled or compounded and are sold, dispensed, offered or dis-
32 played for sale, which has, as its principal purpose, the dispensing of drug
33 and health supplies intended for the general health, welfare and safety of the
35 (24) "Practitioner" shall mean a physician, dentist, veterinarian, scien-
36 tific investigator or other person (other than a pharmacist) licensed in this
37 state and permitted by such license to dispense, conduct research with respect
38 to or administer drugs in the course of professional practice or research in
39 this state.
40 (25) "Precursor" means a substance, other than a legend drug which is an
41 immediate chemical intermediate that can be processed or synthesized into a
42 legend drug, and is used or produced primarily for use in the manufacture of a
43 legend drug by persons other than persons licensed to manufacture such legend
44 drugs by the Idaho board of pharmacy, registered by the state board of health
45 and welfare, or licensed to practice pharmacy by the Idaho board of pharmacy.
46 (26) "Preceptor" means a pharmacist licensed in the state and in good
47 standing, who supervises the internship training of a registered intern. The
48 preceptor shall be actively engaged in the practice of pharmacy on a full-time
49 employment basis at a registered preceptor site.
50 (27) "Preceptor site" means any training site for pharmacy interns and
51 externs registered with the board pursuant to board rule.
52 (28) "Prescription drug or legend drug" means a drug which, under federal
53 law is required, prior to being dispensed or delivered, to be labeled with one
54 (1) of the following statements:
55 (a) "Caution: Federal law prohibits dispensing without a prescription";
2 (b) "Rx Only"; or
3 (c) "Caution: Federal law restricts this drug to use by or on the order
4 of a licensed veterinarian";
5 or a drug which is required by any applicable federal or state law or regula-
6 tion to be dispensed on prescription only or is restricted to use by practi-
7 tioners only.
8 (29) "Prescription drug order" means a lawful written or verbal order of a
9 practitioner for a drug or device for an ultimate user of the drug or device,
10 issued and signed by a practitioner, or an order transmitted verbally from a
11 practitioner or the practitioner's agent to a pharmacist in a pharmacy, or
12 transmitted verbally from a practitioner and immediately reduced to writing by
13 a licensed practical nurse or licensed professional nurse in a health care
14 facility for a patient or resident of such facility.
15 (30) "Prospective drug review" includes, but is not limited to, the fol-
16 lowing activities:
17 (a) Evaluation of the prescription or medication order for:
18 (i) Known allergies;
19 (ii) Rational therapy contraindications;
20 (iii) Reasonable dose and route of administration; and
21 (iv) Reasonable directions for use.
22 (b) Evaluation of the prescription or medication order for duplication of
24 (c) Evaluation of the prescription or medication order for interactions:
25 (i) Drug-drug;
26 (ii) Drug-food; and
27 (iii) Drug-disease.
28 (d) Evaluation of the prescription or medication order for proper utili-
30 (i) Over or under utilization; and
31 (ii) Abuse/misuse.
32 (31) "Record" means all papers, letters, memoranda, notes, prescriptions,
33 drug orders, invoices, statements, patient medication charts or files, comput-
34 erized records or other written indicia, documents or objects which are used
35 in any way in connection with the purchase, sale or handling of any drug or
37 (32) "Sale" means every sale and includes:
38 (a) Manufacturing, processing, transporting, handling, packaging or any
39 other production, preparation or repackaging;
40 (b) Exposure, offer, or any other proffer;
41 (c) Holding, storing or any other possession;
42 (d) Dispensing, giving, delivering or any other supplying; and
43 (e) Applying, administering or any other usage.
44 (33) "Warehouseman" means a person who stores legend drugs for others and
45 who has no control over the disposition of such drugs except for the purpose
46 of such storage.
47 (34) "Wholesaler" means a person engaged in the business of distributing
48 legend drugs that he himself has not produced or prepared, to persons included
49 in any of the classes named in subsection (2)(a) through (f) of section
50 54-1734, Idaho Code.
STATEMENT OF PURPOSE
The proposed legislation provides for the revision of Section
54-1705(24), Idaho Code, which will harmonize the definition of
“practitioner” with the definition of the “practice of pharmacy”
in Section 54-1704, Idaho Code, by deleting the phrase “other
than a pharmacist” from the “practitioner” definition. Section
54-1705(24) relates to all licensed practitioners, other than
pharmacists, who are permitted by their license “to dispense,
conduct research with respect to or administer drugs in the
course of professional practice or research.” As defined in
Section 54-1704, the “practice of pharmacy” includes “dispensing
of prescription drug orders; participation in . . . drug
administration . . . and drug or drug-related research . . . .”
Thus, there is now an inconsistency between Sections 54-1704 and
54-1705(24) since the “practice of pharmacy” includes within its
scope matters referenced in the definition of “practitioner,”
but the latter definition excludes pharmacists. The proposed
change eliminates the inconsistency.
Name: Jan Atkinson
Agency: Pharmacy, Board of
Phone: (208) 334-2356
STATEMENT OF PURPOSE/FISCAL NOTE H 390