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Vermont News: Highlights of New Rules Effective October 1, 2009
Published in the December 2009 Vermont Board of Pharmacy Newsletter
Vermont pharmacists are the stewards of prescription medications, essentially providing the role of “police” for the state’s prescription medication supply. Just as police officers should know and understand the laws governing society, pharmacists should know and understand the laws governing the profession of pharmacy. Each Vermont pharmacist must have taken the Multistate Pharmacy Jurisprudence Examination® or its predecessor before becoming initially licensed in the state of Vermont. However, laws are continually changing. Although we strive to call attention to major changes via this Newsletter, it is imperative that pharmacists continually review the laws and stay current with the regulations of pharmacy practice.
The new pharmacy rules are now in effect, adopted on October 1, 2009. The Board of Pharmacy’s Web site provides links to the current rules at www.vtprofessionals.org/opr1/pharmacists/rules.asp. A few of the changes are listed below:
1. Independent professional judgment: a pharmacist must comply with federal and state statutes and rules. If the expectation of an employer, prescriber, or others is in conflict with this, the pharmacist must comply with the laws of the profession of pharmacy. (Rule 20.2)
2. A written prescription drug order shall contain the prescribing practitioner’s signature. Stamped signatures are not permitted. (Rule 9.1(g)) Definition of signature: for purposes of a prescription, this means an authorized prescriber’s name handwritten by that person on a “hard” prescription, or that person’s “electronic digital signature” as part of an electronic prescription sent directly to the pharmacy.
3. Legitimate prescriptions: issued for a legitimate medical purpose arising from a prescriber-patient relationship. (Rule 9.2)
4. Tamper resistant prescription forms will apply to all prescriptions written after January 1, 2010. (Rule 9.5) (Note: prescribers are being notified of this requirement.)
5. Loss of any prescriptions pads or forms should be immediately reported to local law enforcement and to the Board of Pharmacy. (Rule 9.6)
6. An electronic prescription transmitted to a pharmacy requires an electronic signature. (Rule 9.11)
7. Pharmacies utilizing centralized processing shall post a notice to the public. (Rule 9.21(d))
8. Each pharmacy shall post a notice to the public regarding their right to private consultation with the pharmacist about their medication. (Rule 9.30(d))
9. New section on non-sterile compounded drugs. (Rule 9.22)
10. New section on immunization requirements. (Rule 9.34) (See further clarification below regarding training requirements.)
11. Schedule II perpetual inventory may now be kept electronically if your system provides for a secure audit trail of entries. (Rule 9.32) All Schedule II drugs must be physically inventoried and documented at least monthly. (Rule 9.33)
12. Unless a pharmacy’s refrigerator temperature is electronically moni¬tored, a logged compliance check must be done at least monthly. (Rule 8.13(b))
13. All pharmacists, pharmacy technicians, and interns must display their licenses or registrations in a manner visible to the public. (Rule 8.5)
14. All employees in the pharmacy must be clearly identified by name badge as to their position, ie, pharmacist, intern, or technician. (Rules 4.17(c), 5.2(c), and 8.6)
15. Any theft or significant loss of drugs must be reported to the Board immediately and in written form within three days. (Rule 6.3(I)(1))
16. Pharmacist-managers shall report to the Board within 10 days, any pharmacy employee who is suspended or terminated due to viola¬tions of the statutes or rules regarding the practice of pharmacy. (Rule 6.3(h))
17. Change in pharmacist-manager: both the outgoing and incoming pharmacist-managers must notify the Board within five days regarding the change of management. (Rule 6.7)
The Board has also updated its definition section and added a provision for pharmacists providing pharmaceutical care through the use of telecommunications and information technologies to patients at a distance. Those providing telepharmacy services must register with the Board and meet the requirements set forth in Rules 2.9 and 2.10.
