Bill Text: HI SB187 | 2017 | Regular Session | Introduced
Bill Title: Relating To Pharmacists.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-01-20 - Referred to CPH, WAM. [SB187 Detail]
Download: Hawaii-2017-SB187-Introduced.html
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THE SENATE |
S.B. NO. |
187 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to pharmacists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many Americans lack adequate access to primary health care and this lack of access is only expected to worsen as demand increases. Despite this demand, however, pharmacists are conveniently accessible health care professionals who are capable of playing a greater role in the delivery of health care services. While pharmacists primarily assist patients with access and information related to prescription medications, pharmacists are also providing a broad spectrum of services within their scope of practice, including conducting health and wellness testing, managing chronic diseases, performing medication management, administering immunizations, and working in and partnering with hospitals and health systems to advance health and wellness.
The purpose of this Act is to increase access and improve the quality of health care by enabling pharmacists to provide patient care services that are consistent with their education, training, and license.
SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10A to be appropriately designated and to read as follows:
"§431:10A- Clinical pharmacy; patient care services coverage. (a) Each individual or group accident and health or sickness insurance policy, contract, plan, or agreement issued or renewed in this State after December 31, 2017, shall provide to insureds coverage for patient care services provided by a registered pharmacist pursuant to section 461‑ .
(b) Coverage under this section may be subject to copayment, deductible, and coinsurance provisions of an accident and health or sickness insurance policy that are no less favorable than the copayment, deductible, and coinsurance provisions for other medical services covered by the policy."
SECTION 3. Chapter 432, Hawaii Revised Statutes, is amended by adding a new section to article 1 to be appropriately designated and to read as follows:
"§432:1- Clinical pharmacy; patient care services coverage. (a) Each individual or group hospital and medical service corporation contract issued or renewed in this State after December 31, 2017, shall provide to insureds coverage for patient care services provided by a registered pharmacist pursuant to section 461‑ .
(b) Coverage under this section may be subject to copayment, deductible, and coinsurance provisions of a hospital and medical service corporation contract that are no less favorable than the copayment, deductible, and coinsurance provisions for other medical services covered by the contract."
SECTION 4. Chapter 461, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§461- Authority to practice clinical pharmacy; patient care services. (a) In accordance with rules adopted by the board, a registered pharmacist may engage in the practice of clinical pharmacy.
(b) The board shall adopt rules allowing a pharmacist to provide patient care services pursuant to this section, including the establishment of protocols for the provision of patient care services."
SECTION 5. Section 432D-23, Hawaii Revised Statutes, is amended to read as follows:
"§432D-23 Required provisions and
benefits. Notwithstanding any provision of law to the contrary, each
policy, contract, plan, or agreement issued in the State after January 1, 1995,
by health maintenance organizations pursuant to this chapter, shall include
benefits provided in sections 431:10-212, 431:10A-115, 431:10A-115.5,
431:10A-116, 431:10A-116.2, 431:10A-116.5, 431:10A-116.6, 431:10A-119,
431:10A-120, 431:10A-121, 431:10A-122, 431:10A-125, 431:10A-126, 431:10A-132,
431:10A-133, 431:10A-134, 431:10A-140, and [431:10A-134,] 431:10A- ,
and chapter 431M."
SECTION 6. Section 461-1, Hawaii Revised Statutes, is amended as follows:
1. By adding three new definitions to be appropriately inserted and to read:
""Clinical pharmacy agreement" means an agreement between a pharmacist and a health care organization or a practitioner that permits the pharmacist to engage in the practice of clinical pharmacy for the benefit of the patients of the health care organization or practitioner.
"Patient care services" means pharmacist services furnished by a pharmacist, individually or on behalf of a pharmacy provider:
(1) That the pharmacist is legally authorized to perform in the State;
(2) As would otherwise be covered if furnished by a physician, or as an incident to a physician's service; and
(3) In a setting located in a health professional shortage area as defined in section 332 of the Public Health Service Act, medically underserved area, or medically underserved population as defined in section 330 of the Public Health Service Act.
"Practice of clinical pharmacy" means:
(1) The health science discipline in which, in conjunction with the patient's other practitioners, a pharmacist provides patient care to optimize medication therapy and to promote disease prevention and the patient's health and wellness;
(2) The provision of patient care services, including but not limited to medication therapy management, comprehensive medication review, and post-diagnostic disease state management services; and
(3) The practice of pharmacy by a pharmacist pursuant to a clinical pharmacy agreement."
2. By amending the definition of "practice of pharmacy" to read:
""Practice of pharmacy" means:
(1) The interpretation and evaluation of prescription orders; the compounding, dispensing, and labeling of drugs and devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially legend drugs and devices); the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records therefor; the responsibility for advising when necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and devices;
(2) Performing the following procedures or functions as part of the care provided by and in concurrence with a "health care facility" and "health care service" as defined in section 323D-2, or a "pharmacy" or a licensed physician or a licensed advanced practice registered nurse with prescriptive authority, or a "managed care plan" as defined in section 432E-1, or patient care services, in accordance with policies, procedures, or protocols developed collaboratively by health professionals, including physicians and surgeons, pharmacists, and registered nurses, and for which a pharmacist has received appropriate training required by these policies, procedures, or protocols:
(A) Ordering or performing routine drug therapy related patient assessment procedures;
(B) Ordering drug therapy related laboratory tests;
(C) Initiating emergency contraception oral drug therapy in accordance with a written collaborative agreement approved by the board, between a licensed physician or advanced practice registered nurse with prescriptive authority and a pharmacist who has received appropriate training that includes programs approved by the American Council of Pharmaceutical Education (ACPE), curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board of pharmacy;
(D) Administering drugs orally, topically, by intranasal delivery, or by injection, pursuant to the order of the patient's licensed physician or advanced practice registered nurse with prescriptive authority, by a pharmacist having appropriate training that includes programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board of pharmacy;
(E) Administering:
(i) Immunizations orally, by injection, or by intranasal delivery, to persons eighteen years of age or older by a pharmacist having appropriate training that includes programs approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board of pharmacy; and
(ii) Vaccines to persons between fourteen and seventeen years of age pursuant to section 461-11.4;
(F) As authorized by the written instructions of a licensed physician or advanced practice registered nurse with prescriptive authority, initiating or adjusting the drug regimen of a patient pursuant to an order or authorization made by the patient's licensed physician or advanced practice registered nurse with prescriptive authority and related to the condition for which the patient has been seen by the licensed physician or advanced practice registered nurse with prescriptive authority; provided that the pharmacist shall issue written notification to the patient's licensed physician or advanced practice registered nurse with prescriptive authority or enter the appropriate information in an electronic patient record system shared by the licensed physician or advanced practice registered nurse with prescriptive authority, within twenty-four hours;
(G) Transmitting a valid prescription to another pharmacist for the purpose of filling or dispensing;
(H) Providing consultation, information, or education to patients and health care professionals based on the pharmacist's training and for which no other licensure is required; or
(I) Dispensing an opioid antagonist in accordance with a written collaborative agreement approved by the board, between a licensed physician and a pharmacist who has received appropriate training that includes programs approved by the American Council on Pharmaceutical Education (ACPE), curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board; and
(3) The offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy."
SECTION 7. Notwithstanding any law to the contrary, reimbursement for the provision of patient care services by registered pharmacists pursuant to this Act shall apply to all health benefits plans under chapter 87A, Hawaii Revised Statutes, issued, renewed, modified, altered, or amended on or after the effective date of this Act.
SECTION 8. Reimbursement for the provision of patient care services by registered pharmacists pursuant to this Act shall apply to all plans under medicaid managed care programs in the State.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2017; provided that section 8 shall take effect upon approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services.
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INTRODUCED BY: |
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Report Title:
Pharmacists; Practice of Clinical Pharmacy; Patient Care Services; Mandatory Coverage; Medicaid
Description:
Authorizes pharmacists to practice clinical pharmacy, including providing patient care services. Defines "clinical pharmacy agreement", "patient care services", and "practice of clinical pharmacy". Requires all insurers in the State, including health benefit plans under chapter 87A, Hawaii Revised Statutes, and medicaid managed care programs, to reimburse pharmacists who provide patient care services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
