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Idaho News: Statute Changes, Effective July 1, 2009
Publishe in the September 2009 Idaho State Board of Pharmacy Newsletter
Telepharmacy Across State Lines
Statute 54-1705 was amended to read, “(22) ‘Pharmacist’ means an individual licensed by this state to engage in the practice of pharmacy or a pharmacist licensed in another state who is registered by the board of pharmacy to engage in the practice of telepharmacy across state lines . . . (24) ‘Practice of telepharmacy’ means the provision of pharmaceutical care by registered or licensed pharmacies or pharmacists located within the United States jurisdictions through the use of telecommunications or other technologies to patients at distances that are located within the United States jurisdictions, as defined in the rules of the board. (25) ‘Practice of telepharmacy across state lines’ means the practice of telepharmacy when the patient is located within the state of Idaho and the pharmacist is located in a United States jurisdiction outside the state of Idaho, as defined in the rules of the board.”
The addition of statute 54-1723A allows for the registration of pharmacists to engage in the practice of telepharmacy across state lines provided that “[n]o pharmacist who is not licensed to practice pharmacy within the state of Idaho may engage in the practice . . . unless registered by the board.” In order to obtain such a registration, the applicant is required to “present to the board proof of licensure in another state and proof that such license is in good standing,” submit a written application, pay a fee, and sign a “statement attesting that the applicant will abide by the pharmacy laws and rules of the state of Idaho.” Pursuant to these changes, the Idaho State Board of Pharmacy is currently promulgating rules for the practice of telepharmacy across state lines.
Idaho Legend Drug Donation Act
Statutes 54-1762 through 54-1765 created an avenue for the donation of previously dispensed drugs to charitable entities. This act states that “[t]he board of pharmacy shall establish and implement a program through which legend drugs may be transferred from a donating entity that elects to participate in the program for the purpose of distribution to a charitable clinic’s or center’s pharmacy or to a qualifying charitable center or clinic acting in consultation with a pharmacist for donation to qualifying medically indigent patients.” The act does place restrictions on who can participate as a donating entity, limiting it to licensed pharmacies, hospitals, nursing homes, drug manufacturers, and wholesale distributors.
Participation in this program is entirely voluntary for the donating entity, as well as the receiving charitable center or clinic. The act does provide that “[a]ny entity that lawfully and voluntarily participates by donating, accepting, distributing or dispensing legend drugs under the Idaho legend drug donation act shall be immune from liability for any civil action arising out of the provision of such action.” Additionally, “[a]ny person or entity lawfully donating, accepting, distributing or dispensing legend drugs under the Idaho legend drug donation act shall be exempt from the provisions of the Idaho wholesale drug distribution act . . .”
Interested parties should note that the act requires the Board of Pharmacy to “adopt rules necessary for the implementation and enforcement of the program established under the Idaho legend drug donation act and for the enforcement of board rules promulgated thereunder.”
Promulgation of these rules requires 2010 legislative approval before the program can be implemented.
Idaho Wholesale Drug Distribution Act
The definition of “normal distribution channel” within statute 54-1752 (9) now includes the chain of custody for a prescription drug from a Food and Drug Administration (FDA)-approved manufacturer “directly or through its colicensed partner, third party logistics provider or manufacturer’s exclusive distributor to a repackager who is an authorized distributor of record for the manufacturer, whose facility is registered with the [FDA] and who engages in the practice of repackaging the original dosage form of a prescription drug in accordance with applicable regulations and guidelines of the [FDA].” As this form of wholesale distribution has not left the normal distribution channel, a pedigree is not required to be provided to the person who receives said prescription drug.
