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| Helping pharmacy & health communities improve access to Emergency Contraception (EC) |
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EC PHARMACY UPDATEThere is currently no known activity promoting direct pharmacy access to EC. In 1997, the South Dakota Pharmacy Association leadership helped pass legislation against requiring pharmacy access to EC. Many, if not most, pharmacies do not stock dedicated EC products. Planned Parenthood launched a media and mail campaign [see press release (PDF-448K) and press coverage, 4/18/03 (PDF-70K), 4/10/03 (PDF-508K), 4/9/03 (PDF-476K)] to raise awareness around EC. They are planning to do an educational mailing to physicians and an education campaign to pharmacists in late 2003. The NARAL Pro-Choice South Dakota Educational Fund surveyed hospitals to determine access to EC in the ER and signatures are currently being gathered to petition the legislature to require EC in the ER. The Educational Fund may also conduct a survey of pharmacies once the hospital survey is published. Please Note: This state has an optimal environment for EC protocols between pharmacists and physicians. To learn more click here. For press coverage in this state, click here.
CONTACTSJeannie Chamness Sue Schaefer Jeri Reed Thelma Underberg
USEFUL LINKSSouth Dakota Board of Pharmacy South Dakota Pharmacists Association South Dakota Legislature Planned Parenthood of Minnesota and South Dakota
PROTOCOL ENVIRONMENTOptimal Environment: No Revision to Authority Necessary Existing statutes and regulations would accommodate pharmacists’ initiation of emergency contraception, generally under a collaborative practice agreement (protocol) with a prescriber. Pharmacist initiation of EC would require:
PHARMACY PRACTICE ACTPharmacy 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. SOUTH DAKOTA Pharmacists practicing in a licensed health care facility or other setting may initiate or modify drug therapy under protocol (or “other legal authority”) that is approved by the physician or by the health care facility. There are no requirements for pharmacist education. The Board reserves the right to have the protocol submitted to it and to the Board of Medicine for approval. The protocol must be updated every 2 years and the protocol itself is valid for the time frame specified in the protocol. The scope of practice is outlined in the protocol, with no limitation on disease state management. Drug administration standards are monitored by a committee composed of two persons each from the Board of Pharmacy, Board of Nursing and Board of Medical and Osteopathic Examiners, but the only available regulations are those governing influenza immunization. Statutory authority: Provided in the authority of pharmacists and related definitions, S.D. Codified Laws §36-11-2, § 36-11-2.2, § 36-11-19.1
SOUTH DAKOTA STATUTE South Dakota Codified Laws CHAPTER 11 PHARMACIES AND PHARMACISTS 36-11-2. Definition of terms. Terms used in this chapter mean: … (7) “Dispense” or “Dispensing,” the preparation and delivery of a drug to a patient or a patient's agent pursuant to a prescription drug order in a suitable container with appropriate labeling for subsequent administration to or use by a patient. Dispensing includes preparation of labels for drug devices if the labeling is related to the dosage and administration of drugs; … (9) “Drug administration,” the direct application of a drug or drug device by injection, inhalation, ingestion, or any other means to the body of a patient or research subject; … (11) “Drug utilization review program,” any program operated solely or partially as a professional standards review organization whose purpose is to educate pharmacists and practitioners on severe adverse reactions to drugs, therapeutic appropriateness, overutilization and underutilization, appropriate use of generic products, therapeutic duplication, drug-disease contraindications, drug-drug interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse, as well as to identify and reduce the frequency of patterns of potential and actual fraud, abuse, gross overuse, inappropriate care, or medically unnecessary care associated with specific drugs or groups of drugs among practitioners, pharmacists, and patients; … (17) “Pharmaceutical care,” provision of drug therapy and other pharmaceutical patient care services intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process; … 36-11-2.2. Practice of pharmacy defined. The practice of pharmacy means:
The practice of pharmacy does not authorize a pharmacist to prescribe drugs as a practitioner or to dispense drugs without a prescription drug order. Nothing in this section may be construed to prevent or restrict the practices, services, or activities of a person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed if he is performing services within his authorized scope of practice. 36-11-19.1. Authority of registered pharmacists. Registered pharmacists may: (1) Perform drug administration pursuant to a prescription drug order. The Board of Pharmacy shall establish standards for drug administration pursuant to chapter 1-26 with the approval of a committee composed of two persons appointed by the Board of Pharmacy, two persons appointed by the Board of Nursing, and two persons appointed by the Board of Medical and Osteopathic Examiners; (2) Perform drug reviews; (3) Perform or participate in scientific or clinical drug or drug-related research as an investigator or in collaboration with other investigators; (4) Interpret and apply pharmacokinetic data and other pertinent laboratory data to design safe and effective drug dosage regimens; (5) Participate in drug and drug device selection pursuant to a prescription drug order; (6) Initiate or modify drug therapy by protocol or other legal authority established and approved within a licensed health care facility or by a practitioner authorized to prescribe drugs; and (7) Provide information on prescription drugs, which may include advising, consulting, and educating, as necessary or as required, patients, the public, and other health care providers on the rational, safe, and cost-effective use of drugs, including therapeutic values, content, hazards, and appropriate use.
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