2008 Legislation
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HOUSE BILL NO. 390<br /> – Pharmacists, definitions revised


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Bill Status

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
         Effective: 07/01/08

Bill Text

  ]]]]              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

  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-
  9    macy.
 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
 36        animal;
 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
 25    prescriber.
 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
 27    board.
 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
 34    public.
 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";


  1        or
  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
 23        therapy.
 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-
 29        zation:
 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
 36    device.
 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 / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 17391

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.

                           FISCAL NOTE


Name:	Jan Atkinson
Agency:	Pharmacy, Board of
Phone:	(208) 334-2356