Board Objectives Of  Discuss Missouri pharmacy law.

 Identify regulatory changes and initiatives related to Missouri law. 2014 Legislative/Rule Update

 This CPE is accredited by ACPE for both Pharmacy Technicians and Pharmacists Kim Grinston, J.D.

Executive Director Missouri Board of Pharmacy Jefferson City, Missouri

To obtain our objectives of this presentation:

Attendees will be informed on the following:  Ms. Kim Grinston does not have conflicts  Updates on 2014 legislative actions of interest to disclose to the attendees of relating to pharmacy practice this meeting or to the CPE Accrediting Body

 Update on new and pending Board rules

 Other Board changes/updates

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

Assessment Questions Disclaimer

 Can a pharmacy fill a Rx written by a Missouri  This presentation is provided for informational purposes Assistant after 8/28? only. The statements provided today are not legally binding and do not constitute opinions of the Board.

 Will pharmacists be able to automatically  This presentation does not constitute a comprehensive administer hep A, hep B, tetanus, diphtheria and review of all governing law or controlled substance pertussis vaccines on 8/28? requirements. To ensure compliance, licensees should thoroughly review Chapter 338, RSMo, 20 CSR 2220 and all applicable state and federal laws.  Can a RPh submit their renewal application before completing their CE?  This presentation does not constitute a rule statement of general applicability or binding law. In the event of a  Naloxone sales to law enforcement agencies conflict or inconsistency, duly promulgated or enacted state should be documented in the pharmacy’s or federal law shall control. The Board expressly reserves the right to revise the contents as deemed appropriate or prescription records? True or false. necessary. Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

1 2014 Legislative Changes SB 808- Assistant

 Adds an “assistant physician” license class. SB 808

 Practice restrictions. Will have authority to prescribe. SB 716  Authority would include controlled substances (III, IV & V). SB 754

 Asst. physicians different from physician HB 2040 assistants. Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

SB 808- Assistant Physicians SB 808- Immunizations

 Board of Healing Arts Statement:  Adds hepatitis A & B and diphtheria, tetanus &  Senate bills 716 & 754. . .established licensure for pertussis. Assistant Physicians. These bills will become law effective August 28, 2014. However, before the  Expanded immunization authority effective 8/28. Board can accept applications, the Board will need to establish rules related to licensure, including submission of applications, renewal, supervision,  New Notification of Intent is NOT required. and other matters necessary to protect the public. However, new vaccines must be authorized in The rule promulgation process is lengthy; the protocol. Amendments must be signed by therefore, we do not anticipate the licensure of RPh and authorizing physician. Assistant Physicians to begin until at least the summer or fall of 2015.  No additional training required at this time.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

SB 808- Immunizations SB 808- Immunizations (Notification) (Notification)

 PCP notification within 14 days mandatory for all  Only required if the PCP’s information is known. vaccines (includes vaccines administered by prescription).  RPh should make a good faith attempt to collect  Notification must include: PCP information from the patient (i.e.,- asking  The identity of the patient; verbally or on the immunization authorization  The identity of the vaccine or vaccines administered; form).  The route of administration;  The anatomic site of the administration;  RPh should document the patient’s record when  The dose administered; and the patient refuses or is unable to provide PCP  The date of administration. information.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

2 SB 808- Immunizations SB 808- Immunizations (Adverse Events) (Emergency Treatment Protocols)

 “ A pharmacist who is administering a vaccine  Emergency treatment protocols: shall request a patient to remain in the pharmacy  Protocol: 20 CSR 2220-6.050(5)(A) requires that a safe amount of time after administering the protocols include “a course of action the pharmacist shall vaccine to observe any adverse reactions. Such follow to address emergency situations including, but not limited to, adverse reactions, anaphylactic reactions, pharmacist shall have adopted emergency and accidental needle sticks.” treatment protocols;”

 Pending final rules, pharmacists should use their  Rx Order: 20 CSR 2220-6.040(4) already requires written policies and procedures covering all aspects of professional discretion when determining a “safe drug administration, including, “the appropriate handling amount of time.” of acute adverse events.”

 RPh should document patient’s refusal to stay.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

SB 808- Immunizations SB 808- Hospital Pharmacy

 Statute provides RPh must post an immunization  Allows joint rulemaking authority with the “certificate.” Department of Health for medication dispensing by the pharmacy and MTS services by a pharmacist. Does not include floor meds/other  Board will not be issuing a separate certificate. professionals.

 Post NOI confirmation page or NOI list published by the Board.  Does not give the Board full regulatory jurisdiction over hospital in-patient pharmacy.

 Alternatively, NOI list may be electronically maintained/accessible at the pharmacy.  DHSS still has sole jurisdiction over hospital services purely subject to DHSS’ jurisdiction.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

SB 808 (Class B Hospital Pharmacy) SB 808- Military Licenses

 Class B Hospital Outpatient - May  Formalizes Board’s current interpretation. include clinics/facilities under common control, management or ownership of a hospital/hospital  “So long as the person involved does not system. represent or hold himself or herself out as a pharmacist licensed to practice in this state, a  Hospital is defined in section 197.020. Missouri pharmacist license shall not be required for a legally qualified pharmacist serving in the armed forces of the [U.S.] or a legally qualified  May dispense by Rx or by medication order. pharmacist employed by the government of the [U.S.] or any bureau, division, or agency thereof  May dispense to a “hospital clinic of facility” who is engaged in the practice of pharmacy while onsite administration/dispensing by a health care in the discharge of his or her official duties.” provider. Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

3 SB 808- Military Licenses HB 2040- Naloxone

 Can’t hold themselves out as a Missouri  Section 190.255 authorizes any licensed drug licensed pharmacist. distributor or pharmacy to sell naloxone to a “qualified first responder agency”. [HB 2040].

 Must be part of their official duties.  A “qualified first responder agency” is defined as “any state or local law enforcement  Would not exempt pharmacists operating agency, fire department or ambulance service independently or outside of their official that provides documented training to its staff activities. related to the administration of naloxone in an apparent narcotic or opiate overdose situation.”

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

HB 2040- Naloxone HB 2040- Naloxone

 Sales should be documented by invoice.  Drug distributor license not needed, provided the total amount of all medication sold by the pharmacy without a prescription does not exceed  Invoices should include: five percent (5%) of the pharmacy’s total  The date of sale; annual prescription drug sales. [§ 338.315.2, §  Product name; 338.330(2)].  Quantity sold;  The identity of the qualified first responder agency; and  The transferring pharmacy’s full address.  The 5% limit is calculated based on all drugs sold by the pharmacy and not just naloxone sales.  Invoices maintained separate from Rx records.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

Other Regulatory Updates Other Regulatory Updates

 Mandatory Reporting- Sec. 383.133  Mandatory Reporting- Sec. 383.133

 Any entity that employs a RPh to provide  Reporting is required now. Reports “health care services” must report: should be submitted online.  Any final disciplinary action against the pharmacist that might have led to disciplinary action by the Board under sec. 338.055, and  Reports must be made within 15 days of the final disciplinary action/voluntary  Any RPh voluntary resignation against whom any complaints or reports have been made resignation. that might have led to disciplinary action.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

4 Other Regulatory Updates Other Regulatory Updates

 Mandatory Reporting- Sec. 383.133  Sterile compounding rule still under review

 Examples:  Pharmacist renewals (10/31/14)  Practicing without a license  CE between 9/1/12 and 10/31/14  Falsifying Rx  CE must be complete when you renew  Immunizing/administering w/o a protocol  Diverting meds/Theft  Renewal fee decrease.  Compounding for office stock  Pharmacists $50  Dispensing w/o a valid Rx  Interns $20  Unlicensed practice/Assisting in unlicensed  Techs (possibly $20) *Rule still pending practice.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

MTS Renewals MTS Renewals

 Same time as RPh license (10/31)  Don’t want to renew:  Paper renewal OR  6-hrs MTM CE required. Can be used as  Notify the Board in advance. part of 30-overall CE hours.  E-Mail: [email protected]  Board or ACPE approved. ACPE Universal  DO NOT RENEW MTS in subject line. Activity Number “01”- Drug  Include license # & DOB Related.  Can’t renew online without prior notification.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

Next Lunch with the Chief Webinar Assessment Questions

 BNDD Update with Michael Boeger  Can a pharmacy fill a Rx written by a Missouri August 21, 2014 Assistant Physician after 8/28?

Noon – 1PM  Will pharmacists be able to automatically administer hep A, hep B, tetanus, diphtheria and pertussis vaccines on 8/28?  Future LWTC webinars:

October 15, 2014  Can a RPh submit their renewal application before completing their CE?

 Naloxone sales to law enforcement agencies should be documented in the pharmacy’s prescription records? True or false.

Missouri Board of Pharmacy Missouri Board of Pharmacy Jefferson City, Missouri Jefferson City, Missouri

5 Missouri Board Of Pharmacy

2014 Legislative/Rule Update

Kim Grinston, J.D. Executive Director

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