Idaho News: 2009 Changes to the Rules of the Board of Pharmacy

June 1, 2009 4:28 PM

Published in the June 2009 Idaho State Board of Pharmacy Newsletter

The following is a summary of 2009’s changes to IDAPA 27.01.01, which are now in effect. For a full version of the text changes, please visit our Web site. For the official copy of these changes, engrossed into an updated version of the Rules of the Idaho State Board of Pharmacy, please visit the Idaho Department of Administration, via a link on our Web site. For an unofficial, printer-friendly, engrossed version, please visit our Web site. These updated versions also contain hundreds of nonsubstantive changes to grammar, punctuation, and format, thus printing an updated rules section is suggested. Also, the Idaho Pharmacy Law Book containing
these updates is available for purchase on our Web site.
Rule #010 defines student pharmacist (a term inclusive ♦♦ of intern and extern when differentiation is not needed) and eliminates the ratio of one pharmacist preceptor to one intern or extern. Please see changes to Rule #251 for further clarification.
♦♦ Rule #100 requires that student pharmacist registration forms be carried when engaged in intern or extern training and changes the intern registration renewal date to June 30 annually.
♦♦ Rule #102, 103, and 105 (which becomes Rule #104) simply replace the term “intern or extern” with student pharmacist.
♦♦ Rule #106 becomes Rule #105 and updates North American Pharmacist Licensure Examination® (NAPLEX®) and Multistate Pharmacy Jurisprudence Examination® (MPJE®) language and procedure.
♦♦ Rule #104, entitled Approved Training Site Requirements, Rule #107, entitled Forms, Rule #108, entitled Applicant for Licensure by Examination, Rule #109 entitled Examination Application, and Rule #113, entitled Failure, are repealed in their entirety.
♦♦ Rule #110 becomes Rule #106 and clarifies that foreign pharmacy graduates must provide a Foreign Pharmacy Graduate Examination Committee™ certificate prior to applying for NAPLEX or MPJE.
♦♦ Rule #111 becomes Rule #107 and clarifies that Accreditation Council for Pharmacy Education (ACPE) accredits pharmacy schools.
♦♦ Rule #112 becomes Rule #108 and updates the procedure for pharmacist licensure via reciprocity.
♦♦ Rule #134 updates terms and requires that ACPE-accredited activities have a participant designation code of P (for pharmacist) as the suffix of the ACPE universal program number.
♦♦ Rule #152 establishes that requirements for a pharmacy’s reference library, including the Idaho Pharmacy Law and Rules, are satisfied by online Web applications.
♦♦ Rule #156 adds technicians to the list of licenses and registrants whose employment changes must be reported to the Board, clarifies that the pharmacist-in-charge (PIC) is tasked with this reporting, extends the time to report to 10 days, harmonizes the term PIC with statute, clarifies that a registered pharmacist who is the proprietor of a pharmacy must name a PIC (which may be the pharmacist proprietor), and requires that a PIC must work a substantial amount of his working time in the pharmacy in which he has been designated PIC.
♦♦ Rule #160 allows student pharmacists under the direct supervision of a pharmacist to orally transfer controlled substances as long as one of the parties involved in the communication is a pharmacist.
♦♦ Rule #165 is renamed Pharmaceutical Care, redefines a collaborative pharmacy practice, the collaborative pharmacy practice agreement, and drug therapy management, as well as creating a place in rule for the further defining of pharmaceutical care.
♦♦ Rule #187 allows for the quality assessments and assurance committee of skilled nursing facilities to establish and utilize a formulary or drug list for substitution.
♦♦ Rule #251 allows pharmacy technicians to be disciplined under the same guidelines as pharmacists, creates a pharmacy technician training registration that is renewable once, defines the secured area of the pharmacy, and requires that everyone working in the secured area of the pharmacy be licensed or registered (eliminates pharmacy clerks), except for authorized, temporary visitors for legitimate business purposes. It changes the ratio to a ceiling of one pharmacist per six pharmacy technicians, pharmacy technicians in training and student pharmacists in total, but does not allow a ratio, which under the circumstances of the particular practice setting, would result in or reasonably be expected to result in an unreasonable risk of harm to public health safety and welfare; pharmacies and/or PICs can be disciplined for allowing said safety issues to exist. It establishes minimum standards for technician registration, including but not limited to, national certification, 18 years of age, and a high school diploma; the latter two stated requirements can be overridden by the Board’s executive director. It establishes that pharmacy technicians registered by June 30, 2009, are grandfathered from said minimum requirements, so long as their employment remains continuous with their employer on June 30, 2009. It also eliminates the training statements on the previous pharmacy technician registration application and renewal forms that require a PIC signature and restricts pharmacists with revoked or suspended licenses from applying as a pharmacy technician.
♦♦ Rule #252 modifies the definition of institutional facility to include long-term care facility, defines long-term care facility, chart order, prepackaging (distinguishing it from repackaging), centralized prescription filling, and centralized prescription processing.
Rule #253 no longer requires supplying pharmacists ♦♦ to obtain a physician’s order to replace expired drugs in an emergency kit and requires that emergency kits be restocked within a reasonable time.
♦♦ Rule #255 adds chart order to the definition of physician’s orders.
♦♦ Rule #257 allows an outside pharmacy that provides prescription services to an institutional facility without a pharmacy to outsource, pursuant to a written contract, prescription processing, or filling services to another pharmacy provided that the services are limited to meet the immediate need of patients and residents of institutional facilities when the outside pharmacy can not provide services, the outside pharmacy has received approval from the institutional facility, and the outside pharmacy has provided a valid chart order to the contracted pharmacy.
♦♦ Rule #265, 267, 268, and 269 make permanent the temporary rules addressing the remote dispensing pilot project.
♦♦ Rule #323 mimics 2008 changes to the Idaho Wholesale Drug Distribution Act, eliminating the surety bond requirement and the fund that holds it and clarifying what paperwork is to be submitted on prior legal cases involving designated representatives.
♦♦ Rule #356 and 357 clarify certain record keeping procedures for veterinary drug technicians and veterinary drug outlets.
♦♦ Rule #404 and 405 increase wholesale licensure fees to $130, clarify that an extern registration is valid through July 15 following graduation, and clarify that preceptor site and intern registration renewals are due June 30 annually.
♦♦ Rule #458 makes permanent the temporary rule establishing a 90-day expiration date for Schedule II prescriptions.
♦♦ Rule #460 establishes that evidence of an amount of a controlled substance that is different than the amount reflected on any required record or inventory shall be a rebuttable presumption of a violation of record keeping and inventory requirements.
♦♦ Rule #469 requires that Schedule V controlled substance prescription data must be reported to the Board, as Schedule II, Schedule III, and Schedule IV have been.
♦♦ Rule #496 allows for the annual inventory of stocks of controlled substances to be taken within seven days of the prior year’s inventory.