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Utah State Profile
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EC PHARMACY UPDATE
There is currently no known activity promoting direct pharmacy access to EC.
Local health departments in Utah (12 health districts) are autonomous and have the authority to decide whether they will discuss or promote EC. Some do not offer or promote EC. Emergency contraception is still often misunderstood as a form of abortion. Local health departments have to have parental consent from parents or guardians of unmarried minors to even discuss birth control. The State Health Department does not purchase birth control pills.
CONTACTS
Reid L. Barker
Executive Director
Utah Pharmaceutical Association
1850 S. Columbia Lane
Orem, UT 84097
801-762-0452
Fax: 801-762-0454
Upha@upha.com
www.upha.com
Debby Carapezza
Nurse Consultant, Reproductive Health Program
Utah Department of Health/CFHS/RHP
PO Box 142001
Salt Lake City, UT 84114-2001
801-538-9946
Fax: 801-538-9409
dcarapezza@utah.gov
USEFUL LINKS
Utah Board of Pharmacy
www.commerce.utah.gov/opl/index.html
Utah Pharmaceutical Association
www.upha.com
Utah State Legislature
www.le.state.ut.us
Planned Parenthood Association of Utah
www.plannedparenthood.org/utah/index.asp
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:
- Securing clarification from the Board of Pharmacy that general ( vs.patient-specific) protocols are allowed
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.
UTAH
Pharmacists practicing in any setting may implement patient-specific collaborative “therapeutic drug plans” and administer medications based on protocols or written guidelines approved by a physician. There are no additional requirements relating to diseases covered, therapeutic activities authorized, pharmacist training, duration for which the protocol is valid, or specified communications with the physician. . Collaborative practice authorizes designing, implementing and monitoring a therapeutic drug plan.
Statutory authority: Provided in “practice of pharmacy,” “administration” and related definitions, Utah Code Ann. Utah Code Ann. § 58-17a-102
Regulatory authority: Provided in “pharmacist administration and training,” Utah Admin. Code R156-17a-620
UTAH STATUTE
PHARMACY PRACTICE ACT
Title 58, Chapter 17a, Utah Code Annotated 1953
Part 1 - General Provisions
As Amended by Session Laws of Utah 2003, Issued February 18, 2003
58-17a-102. - Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) “Administering” means:
- (a) the direct application of a prescription drug or device, whether by injection, inhalation, ingestion, or by any other means, to the body of a human patient or research subject to by another person; or
- (b) the placement by a veterinarian with the owner or caretaker of an animal or group of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other means directed to the body of the animal by the owner or caretaker in accordance with written directions of the veterinarian.
…
(28) “Pharmaceutical administration facility” means a health care facility or agency, including birthing centers, ambulatory surgical facilities, abortion clinics, home health agencies, hospices, nursing care facilities, end stage renal disease facilities, and penal institutions in which:
- (a) a licensed drug outlet is not located;
- (b) prescription drugs are held, stored, or are otherwise under the control of the facility or agency for administration to patients of that facility or agency;
- (c) prescription drugs are dispensed to the facility or agency by a licensed pharmacist or pharmacy intern with whom the facility has established a prescription drug supervising relationship under which the pharmacist or pharmacy intern provides counseling to the facility or agency staff as required, and oversees drug control, accounting, and destruction; and
- (d) prescription drugs are professionally administered in accordance with the order of a practitioner by an employee or agent of the facility or agency.
(29) (a) “Pharmaceutical care” means carrying out the following in collaboration with a prescribing practitioner, and in accordance with division rule:
- (i) designing, implementing, and monitoring a therapeutic drug plan intended to achieve favorable outcomes related to a specific patient for the purpose of curing or preventing the patient’s disease;
- (ii) eliminating or reducing a patient's symptoms; or
- (iii) arresting or slowing a disease process.
(b) “Pharmaceutical care” does not include prescribing of drugs without consent of a prescribing practitioner.
…
(38) “Pharmacy patient” or “patient” means an individual for whom a practitioner has prescribed a drug or device which is to be administered to or taken or used by that individual or an animal.
…
(43) “Practice of pharmacy” includes any of the following:
- (a) interpreting prescription orders;
- (b) compounding, packaging, labeling, dispensing, administering, and the coincident distribution of prescription drugs or devices, provided that the administration of a prescription drug or device is:
- (i) pursuant to a lawful order of a practitioner when one is required by law; and
- (ii) in accordance with written guidelines or protocols:
- (A) established by the licensed facility in which the prescription drug or device is to be administered on an inpatient basis; or
- (B) approved by the division, in collaboration with the board and the Physician's Licensing Board, created in Section 58-67-201, if the prescription drug or device is to be administered on an outpatient basis solely by a licensed pharmacist;
- (c) participating in drug utilization review;
- (d) ensuring proper and safe storage of drugs and devices;
- (e) maintaining records of drugs and devices in accordance with state and federal law and the standards and ethics of the profession;
- (f) providing information on drugs or devices, which may including advice relating to therapeutic values, potential hazards, and uses;
- (g) providing drug product equivalents;
- (h) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy technicians;
- (i) providing patient counseling, including adverse and therapeutic effects of drugs; and
- (j) providing pharmaceutical care.
Part 6 - Regulation of the Practice of Pharmacy Operating Standards
58-17a-606. - Drug substitution is not the practice of medicine - Other causes of action not denied.
(1) The substitution of any drug by a licensed pharmacist or pharmacy intern under this chapter does not constitute the practice of medicine.
(2) This chapter may not be construed to deny any individual a cause of action against a pharmacist, pharmacy intern, or his employer for violations of this chapter, including failure to observe accepted standards of care of the pharmaceutical profession.
58-17a-620. Prescriptions issued within the public health system.
- (1) As used in this section:
- (a) “Department of Health” means the state Department of Health created in Section 26-1-4.
- (b) “Health department” means either the Department of Health or a local health department.
- (c) “Local health departments” means the local health departments created in Title 26A, Chapter 1, Local Health Departments.
- (2) A health department may implement the prescription, distribution, dispensing, compounding, and administering procedure under Subsection (3) for prescription drugs, other than controlled substances, for use in:
- (a) clinics providing:
- (i) sexually transmitted disease treatment;
- (ii) fluoride treatment;
- (iii) tuberculosis or latent tuberculosis treatment;
- (iv) travel immunization or medication; or
- (v) immunization; or
- (b) responses to bioterrorism, epidemic or pandemic disease, or a public health emergency as defined in Section 26-23b-102, a national, state, or local emergency, or a declaration by the President of the United States or other federal official requesting public health-related activities.
- (3) The following prescription, distribution, dispensing, compounding, and administering procedure shall be carried out in accordance with the requirements of Subsection (4) and may be used only in the clinics listed under Subsection (2)(a) or in response to emergencies or declarations under Subsection (2)b(b):
- (a) a physician writes and signs a prescription for prescription drugs, other than controlled substances, without the name and address of the patient and without the date the prescription is provided to the patient;
- (b) the physician authorizes a person licensed under Chapter 31b, Nurse Practice Act, Chapter 31c, Nurse Licensure Compact, or Chapter 70, Physician Assistant Act, employed by the health department to complete the prescription written under Subsection (3)(a) by inserting the patient's name and address, and the date the prescription is provided to the patient, in accordance with the physician's standing written orders and a written health department protocol approved by the physician and the medical director of the state Department of Health; and
- (c) a person licensed under Chapter 31b, Nurse Licensure Compact, or Chapter 70, Physician Assistant Act, employed by a health department personally administers the drug or medicines other than controlled substances pursuant to a prescription issued in compliance with this section in order to supply the immediate needs of the patient.
- (4) When allowing prescriptions to be written, or prescription drugs other than controlled substances to be distributed, dispensed, compounded, or administered, under Subsection (3), the health department shall employ a physician who:
- (a) assumes specific responsibility for all prescriptions issued in his name under the procedure in Subsection (3) by the health department; and
- (b) enters into a written signed agreement with the health department, which agreement is approved by the division and states:
- (i) the terms and conditions under which the physician will prepare and sign prescriptions that do not include the name and address of the patient and the date the prescription is provided to the patient;
- (ii) the methods which will be used to ensure the signed prescriptions are secure and not available for unauthorized use;
- (iii) the minimum qualifications and training of a person described in Subsection (3)(b) authorized by the physician and department to complete and provide prescriptions to a patient;
- (iv) under what conditions prescriptions completed by an authorized person will be provided to a patient in accordance with standing orders and written protocols, and the specific prescription drugs for which prescriptions may be written;
- (v) the manner in which the physician will audit and review the records of patients receiving prescriptions; and
- (vi) the manner in which records of prescriptions issued will be maintained for audit by the physician and division.
- (5) The health department shall file and maintain with the division a current copy of all agreements signed by physicians under Subsection (4).
- (6) (a) All prescription forms to be used by a physician and health department in accordance with this section shall be serially numbered according to a numbering system assigned to that health department by the division.
- (b) All prescriptions issued shall contain all information required under this chapter and rules adopted under this chapter.
UTAH REGULATIONS
R156. Commerce, Occupational and Professional Licensing
R156-17a. Pharmacy Practice Act Rules.
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R156-17a-620. Operating Standards - Pharmacist Administration - Training.
(1) In accordance with Subsection 58-17a-502(9), appropriate training for the administration of a prescription drug includes:
- (a) having current BCLS certification; and
- (b) having successfully completed a training program which includes at a minimum:
- (i) didactic and practical training for administering injectable drugs;
- (ii) the current Advisory Committee on Immunization Practices (ACIP) of the United States Center for Disease Control and Prevention guidelines for the administration of immunizations; and
- (iii) the management of an anaphylactic reaction.
(2) Sources for the appropriate training include:
- (a) ACPE approved programs;
- (b) curriculum-based programs from an ACPE accredited college of pharmacy; and
- (c) state or local health department programs.
Effective November 15, 2001, Notice of Continuation April 26, 2001
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