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Home > State Profiles > Pennsylvania State Profile

Pennsylvania State Profile

EC PHARMACY UPDATE

There is currently no known activity promoting direct pharmacy access to EC.

The Clara Bell Duvall Project of the ACLU, the Pennsylvania Coalition Against Rape (PCAR) and the Pennsylvania Pharmacists Association worked together to develop a 1.5 hour CE program on EC at the PA Pharmacists Association annual conference in July 2004. In addition, the advocates offered to write an article on EC for their bimonthly pharmacy journal.

In the coming year, the Duvall Project plans to work with the PCAR to help build linkages between pharmacists and coalitions against rape to help ensure that pharmacies carry dedicated EC products and to increase pharmacist awareness and sensitivity around issues of EC and rape victims. The Pennsylvania Pharmacists Association believes that increasing pharmacist awareness of EC is the most important strategy for increasing access to EC at the moment.

The Duvall Project has also been very active on other EC issues. The Pennsylvania Coalition to Prevent Teen Pregnancy (PCPTP) is training school nurses about EC with a grant they received from Advocates for Youth. PCPTP is also surveying Pennsylvania school nurses to measure their knowledge, attitudes, and school policies concerning EC and contraception in general. State funded family planning clinics are distributing EC prophylactically to family planning clients.

The Family Planning Council is also involved in research funded by the National Institute of Child Health and Human Development (NICHD), comparing clinics that give EC proactively and those that do not.

Wendy Bennet, MD, MPH conducted a survey (PDF-16K) of 320 pharmacists in Pennsylvania to determine the knowledge and attitudes of pharmacists about emergency contraction and to determine the percentage of pharmacists able and willing to dispense EC. The findings suggest there was a positive association between knowledge about EC and stocking it and encouraged targeting EC educational campaigns toward the pharmacy community.

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CONTACTS

Patricia Epple
Executive Director
Pennsylvania Pharmacists Association
508 North 3rd Street
Harrisburg, PA 17101-1199
717-234-6151
Fax: 717-236-1618
Pepple@papharmacists.com
www.papharmacists.com

Carol Petraitis
Project Director
Clara Bell Duvall Reproductive Freedom Project
PO Box 1161
Philadelphia, PA 19105-1161
215-629-0111
Fax: 215-592-1343
duvall@aclupa.org
www.aclupa.org/duvall

Joe Fay
Executive Director
Pennsylvania Coalition to Prevent Teen Pregnancy (PCPTP)
200 Strawberry Square
Harrisburg, PA 17101
717-236-3366
Fax: 717-763-4779
Joe.fay@verizon.net
www.pcptp.org

Dorothy Mann
Executive Director
Family Planning Council
260 Broad Street
Philadelphia, PA 19102
215-985-2600, x616
Fax: 212-732-0916
Dorothy@familyplanning.org
www.familyplanning.org

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USEFUL LINKS

Pennsylvania State Board of Pharmacy
www.dos.state.pa.us/bpoa/cwp/view.asp?a=1104&q=432995

Pennsylvania Pharmacists Association
www.papharmacists.com

Pennsylvania General Assembly
www.legis.state.pa.us

Pennsylvania Coalition Against Rape
www.pcar.org

Maternal and Family Health Services
www.mfhs.org

Family Health Council of Central Pennsylvania
www.fhccp.org

Family Health Council, Inc.
www.fhcinc.org

Planned Parenthood Association of Bucks County
www.ppbucks.org

Planned Parenthood of the Susquehanna Valley
www.ppsv.net

Planned Parenthood of Southeastern Pennsylvania
www.ppsp.org

Planned Parenthood of Western Pennsylvania
www.ppwp.org/ppwp

Planned Parenthood of North East Pennsylvania
www.ppnep.org

Planned Parenthood of Chester County
www.plan4it.org

Planned Parenthood of Central Pennsylvania
www.plannedparenthoodpa.org/health-center.htm

Pennsylvania NARAL
www.prochoicepennsylvania.org

Family Planning Council
www.familyplanning.org

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PROTOCOL ENVIRONMENT

Possible Environment: Revision to Existing Authority Required

This state permits collaborative practice agreements or a similar agreement between physicians and pharmacists. However, some modification of existing statutes and/or regulations is required to allow pharmacists to initiate EC for the general community.

Pharmacist initiation of EC would require:

  • Revising statute to expand authority beyond patients in institutional settings
  • Modifying the requirement for patient-specific protocols

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PHARMACY PRACTICE ACT

Pharmacy Practice Act Regulatory and Statutory Authority

Note: The text presented below has been prepared by the American Pharmacists Association for the Pharmacy Access Partnership and reflects legislation or regulation promulgated as of June 15, 2003.

PENNSYLVANIA

Under amendments to the Pharmacy Practice Act adopted in June 2002, pharmacists serving patients in institutional settings may now enter into a patient-specific written agreement or protocol for the management of drug therapy as authorized by the physician. The protocol is effective for two years. The pharmacist is required to obtain and maintain professional liability insurance coverage that is satisfactory to the board of in the minimum amount of one million dollars per occurrence or claim made.

Regulations are to be adopted by the Board within 18 months that establish requirements for written protocols to include:

  • drug therapy initiation by the physician and referral to the pharmacist;
  • details of the role of the pharmacist and their tasks an functions;
  • requirement for the protocol to be on file at the physician and pharmacist practice sites, the institution where the agreement is in place, and be available upon request to the patient and the Department of Health;
  • requirement that the protocol also be on file with the three State Boards of Medicine, Osteopathic Medicine and Pharmacy;
  • arrangements for when either the physician or pharmacist is unavailable;
  • a time frame not to exceed 72 hours for physician notification; and
  • allowance for termination by any party.

Management of drug therapy may occur without these requirements if the medical staff of the institution approves the managing protocol.

Statutory authority: Provided in the newly amended Pharmacy Act through definitions for practice of pharmacy, managing drug therapy, institution, drug administration, and protocol; and through separate sections on drug therapy protocols and authority to administer injectable medications, Pa. Cons. Stat. § x Act No. 102 (June 29, 2002)

Regulatory authority: Not yet promulgated

 

PENNSYLVANIA STATUTE

Approved by the Governor, June 29, 2002

Act No. 102

House Bill No. 751 Session 2001

AN ACT - Amending the act of September 27, 1961 (P.L.1700, No.699),entitled “An act relating to the regulation of the practice of pharmacy, including the sales, use and distribution of drugs and devices at retail; and amending, revising, consolidating and repealing certain laws relating thereto,” further providing for definitions; and providing for drug therapy protocol.

* * *

(11) “Practice of pharmacy” means the [practice of that profession concerned with the art and science of the evaluation of prescription orders and the preparing, compounding and dispensing of drugs and devices, whether dispensed on the prescription of a medical practitioner or legally dispensed or provided to a consumer, and shall include the proper and safe storage and distribution of drugs, the maintenance of proper records, the participation in drug selection and drug utilization reviews, and the responsibility of relating information as required concerning such drugs and medicines and their therapeutic values and uses in the treatment and prevention of disease:] provision of health care services by a pharmacist, which includes the interpretation, evaluation and implementation of medical orders for the provision of pharmacy services or prescription drug orders; the delivery, dispensing

or distribution of prescription drugs; participation in drug and device selection; drug administration; drug regimen review; drug or drug-related research; compounding; proper and safe storage of drugs and devices; managing drug therapy in an institutional setting consistent with the institution's assignment of clinical duties; maintaining proper records; patient counseling; and such acts, services, operations or transactions necessary or incident to the provision of these health care services. [Provided, however, That] The “practice of pharmacy” shall not include the operations of a manufacturer or distributor as defined in “The Controlled Substance, Drug, Device and Cosmetic Act.”

* * *

(14) “Managing drug therapy” means any of the following processes which shall be performed in an institutional setting only: Adjusting a drug regimen; adjusting drug strength, frequency of administration or route; administration of drugs; and ordering laboratory tests and ordering and performing other diagnostic tests necessary in the management of drug therapy, consistent with the testing standards of the institution. Managing drug therapy shall be performed pursuant to a written agreement or protocol as set forth in section 9.1 of this act.

(15) “Institution” means a health care facility as defined in section 103 of the act of July 19, 1979 (P.L.130, No.48), known as the “Health Care Facilities Act,” which offers care and medical treatment to patients who require food, board and overnight sleeping facilities

(16) “Drug administrationmeans the direct introduction of or the application of a drug into or on the body of a patient by injection, inhalation, ingestion or any other means, and where required by law, shall occur only pursuant to a medical order.

(18) “Protocolmeans a written document that describes the nature and scope of the drug therapy management to be carried out by the pharmacist.

Section 2. The act is amended by adding sections to read:

Section 9.1. Drug Therapy Protocols.—

(a) A pharmacist shall be permitted to enter into a written agreement or protocol with a licensed physician authorizing the delegation of the management of drug therapy in an institutional setting

(b) The licensed physician who is a party to a written agreement or protocol authorizing the delegation of the management of drug therapy shall be in active practice and the delegation written agreement or protocol shall be within the scope of the licensed physician's current practice.

(c) Participation in a written agreement or protocol authorizing the delegation of the management of drug therapy shall be voluntary, and no licensed physician, pharmacist or institution shall be required to participate.

(d)

(1) A pharmacist who is a party to a written agreement or protocol authorizing the delegation of the management of drug therapy shall obtain and maintain, to the satisfaction of the board, professional liability insurance coverage in the minimum amount of one million dollars ($1,000,000) per occurrence or claims made. The professional liability insurance coverage shall remain in effect as long as that pharmacist is a party to a written agreement or protocol authorizing the delegation of the management of drug therapy. Failure to maintain insurance coverage as required under this subsection shall be actionable under section 5 of this act.

(2) The board shall accept from pharmacists as satisfactory evidence of insurance coverage under this subsection, any and all of the following: self-insurance, personally purchased professional liability insurance, professional liability insurance coverage provided by the pharmacist's employer of any similar type of coverage.

(3) The board shall adopt, by regulation, standards and procedures established by the Insurance Commissioner for self-insurance. In the absence of these standards and procedures, the board, after consultation with the Insurance Commissioner, shall establish standards and procedures by regulation for self-insurance under this subsection.

(e) Within eighteen months of the effective date of this section, the board shall adopt regulations establishing the parameters of written agreements or protocols authorized by this section. Such parameters shall include, but not be limited to, the requirement that written agreements or protocols:

(1) Be in writing.

(2) Require that drug therapy regimens be initiated by a licensed physician for patients referred to a pharmacist for drug therapy.

(3) Provide for notification of the role of the pharmacist by a licensed physician to each referred patient whose drug therapy management may be affected by the agreement.

(4) Be available as follows:

(i) At the practice site of any licensed physician who is a party to the agreement.

(ii) At the practice site of any licensed pharmacist who is a party to the agreement.

(iii) at the institution where a written agreement or protocol is in place.

(iv) To any patient whose drug therapy management is affected by the agreement.

(v) Upon request, to investigators representatives of the State Board of Medicine, the State Board of Osteopathic Medicine and, the State Board of Pharmacy and the department of health.

(5) Identify, by name, each licensed physician and each licensed pharmacist who are parties to the agreement.

(6) Be signed and dated by each licensed physician and each licensed pharmacist.

(7) Specify the functions and tasks which are the subject of the written agreement or protocol.

(8) Provide for execution of the agreement when any licensed physician or licensed pharmacist may be temporarily absent from a practice setting or temporarily unavailable to participate in its execution.

(9) Establish an appropriate time frame, not to exceed seventy-two hours, within which the licensed pharmacist must notify the licensed physician of any changes in dose, duration, or frequency of medication prescribed.

(10) Be filed with the State Board of Pharmacy and the State Board of Medicine and/or the State Board of Osteopathic Medicine.

(11) Remain in effect for a period not to exceed two years upon the conclusion of which, or sooner, the parties shall review the agreement and make a determination as to its renewal, necessary modifications or termination.

(12) Allow for termination of the agreement at the request of any party to it at any time.

(f) Managing drug therapy within an institutional setting may occur without the requirements of subsection (e) provided it is pursuant to a medical order by a licensed physician for managing drug therapy protocol or guideline approved by the medical staff of the institution.

TITLE 63. PROFESSIONS AND OCCUPATIONS (STATE LICENSED)

CHAPTER 11. PHARMACISTS

PHARMACY ACT

Section 390- 9.2. Authority to Administer Injectable Medications, Biologicals and Immunizations.—

(a) Within eighteen months from the effective date of this section, the board shall by regulation establish education and training standards and practice guidelines pursuant to which pharmacists shall be authorized to administer injectable medications, biologicals and immunizations to persons who are more than eighteen years of age. Such standards and guidelines shall include, but not be limited to, the following:

(1) Satisfactory completion of an academic and practical curriculum approved by the board that includes the current guidelines and recommendations of the Centers for Disease Control and Prevention in the Public Health Service of the United States Department of Health and Human Services, the American Council on Pharmaceutical Education or a similar health authority or professional body, and includes, but is not limited to, disease epidemiology, vaccine characteristics, injection technique, emergency response to adverse events and related topics.

(2) Maintenance of a current cardiopulmonary resuscitation (CPR) certificate acceptable to the board.

(3) That the administration of injectable medications, biologicals and immunizations be in accordance with a definitive set of treatment guidelines established by a physician and approved by the board.

(4) That a minimum of two hours of the thirty-hour requirement for continuing education for license renewal be dedicated to this area of practice.

(b) A pharmacist's authority to administer injectable medications, biologicals and immunizations shall not be

delegated to any other person.

Section 3. This act shall take effect in 60 days.

 

PENNSYLVANIA REGULATIONS

Not yet promulgated

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The state comparison information above was adapted from a study conducted by the American Pharmacists Association and commissioned by the Pharmacy Access Partnership.

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