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Idaho News: 2008 Statute and Rule Changes
Published in the September 2008 Idaho Board of Pharmacy Newsletter
Rule 464. Filling Controlled Substance Prescription and Positive Identification: Persons receiving controlled substances shall be positively identified by the staff at the pharmacy at the time any controlled substance is dispensed directly to an individual at the pharmacy, except when:
1) The prescription is to be paid for, in whole or in part, by an insurer,
2) The pharmacy is part of the health care facility where the patient is being treated, or
3) An individual whose identity is personally and positively known to a staff member of the pharmacy who is present and who identifies the individual at the time of delivery of the prescribed controlled substance may be so identified by the staff member; in such instances, the pharmacy shall maintain a record of:
i) The name of the person receiving the prescribed controlled substance (if other than the patient);
ii) A notation indicating that the patient or other person receiving the prescribed controlled substance was known to the pharmacy staff; and
iii) The name of the pharmacy staff person making the identification.
Positive identification shall consist of either a valid, current state or military driver’s license or identification card, or a valid, current passport, each of which must contain a photo of the individual and the individual’s signature. For each controlled substance prescription dispensed directly to an individual at the pharmacy, the pharmacy shall:
1) Make and maintain a photocopy of the identification presented, or
2) Maintain a record of the name of the person receiving the prescribed controlled substance, which record shall contain notation of the type of positive identification presented by such person (the state, military branch or other issuing government entity) and the specific identification number.
Statute 54-1705 (24): “other than a pharmacist” was struck from the definition of practitioner, which now reads:
“Practitioner” shall mean a physician, dentist, veterinarian, scientific investigator or other person licensed in this state and permitted by such license to dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state.
Rule 497: Information From Controlled Substances Prescription Data Base: This rule establishes conditional access to the online Prescription Monitoring Program 24 hours a day, seven days a week, for licensed practitioners and pharmacists, who have registered with the Board. To obtain a user account, login name, and password, please contact Teresa at 208/334-2356.
Statute 37-2726: Filing Prescriptions – Database: Any person who knowingly misrepresents to the board that he is a person entitled to receive information from the controlled substances prescriptions database under the conditions therein provided, and who receives information from the controlled substances prescriptions database resulting from that misrepresentation, or any person in possession, whether lawfully or unlawfully, of information from the controlled substances prescriptions database which identifies an individual patient and who knowingly discloses such information to a person not authorized to receive or use such information under any state or federal law, rule or regulation shall be guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed six (6) months, or by a fine not to exceed $2,000, or both.
Rule 270. Technician-checking – Technician: The Board, through its Executive Director, may authorize institutional pharmacies located within acute care hospitals to participate in a Technician-Checking-Technician Pilot Program. The purpose of the Technician-Checking-Technician Pilot Program is to allow pharmacy technicians to review the work of other pharmacy technicians in connection with the filling of floor and ward stock and Unit Dose distribution systems for hospital patients whose orders have previously been reviewed and approved by a licensed pharmacist. During the pilot project phase of the Technician-Checking-Technician Pilot Program, designation to participate in the program shall be at the discretion of the Board and the Executive Director.
Saint Alphonsus in Boise, under the direction of Larry Munkelt, is currently instituting the first technician-checking-technician pilot program.
Rule 469. Prescription Reporting: All pharmacies which hold a DEA retail pharmacy registration will report weekly, certain data, as required by the Board, on all Schedule II, III and IV controlled substance prescriptions filled. The data may be reported in the form of diskette, direct computer link, magnetic tape or other method as approved by the Board.
Rules 265 to 269. Remote Dispensing Pilot Program: The temporary status was extended for another year. The sole existing pilot program exists in Council, ID, at the Adams County Health Clinic in conjunction with Park-Vu Pharmacy in Weiser, ID.
Rules 321 to 332. These temporary rules, as required to be promulgated by the 2007 Idaho Wholesale Drug Distribution Act, were made permanent, establishing licensure (as opposed to the historic registration) of wholesale distributors and pedigrees for the distribution of prescription drugs that leave the normal distribution channel.
Statute 54-1751 to 54-1759. Idaho Wholesale Drug Distribution Act: The $100,000 security bond, irrevocable letter of credit, or deposit in a trust account or financial institution requirement for licensure as a wholesale distributor has been struck, as has the fund in which to deposit such bonds. Changes also clarify which court proceedings the wholesale distributor’s designated representative would have to provide information about, prior to licensure.
