Bill Text: HI SB2568 | 2024 | Regular Session | Introduced
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2024-01-24 - Referred to CPN/HHS, JDC. [SB2568 Detail]
Download: Hawaii-2024-SB2568-Introduced.html
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THE SENATE |
S.B. NO. |
2568 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that in
response to the coronavirus disease
2019 (COVID-19) pandemic, the federal government issued an emergency
declaration under the Public Readiness and Emergency Preparedness (PREP) Act in
April of 2020. In addition to other
health care measures, the PREP Act authorized pharmacists to order and
administer COVID-19 vaccinations and other routine immunizations to adults and
children three years of age and older. The legislature also finds that when the PREP
Act expires at the end of 2024, this important health care practice that has been
safely performed by pharmacists will no longer be available to children ages
three through ten. The legislature
therefore finds that codifying the current standard of care for minor
immunizations into state law will ensure that pharmacists can continue to
provide this necessary health care service so that all individuals ages three
and older will continue to have convenient and safe access to routine
immunizations.
Accordingly,
the purpose of this Act is to authorize pharmacists
to order and administer immunizations and vaccinations to children three years
of age and older under state law.
SECTION 2. Section 461-1, Hawaii Revised Statutes, is amended by amending the definition of "practice of pharmacy" to read as follows:
""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; and the interpretation and evaluation of prescription orders to adjust the supply dispensed for purposes of medication synchronization pursuant to section 431:10A-606, 432:1-621, or 432D-30;
(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, a licensed physician assistant, or a licensed advanced practice registered nurse with prescriptive authority; or a "managed care plan" as defined in section 432E-1, in accordance with policies, procedures, or protocols developed collaboratively by health professionals, including physicians and surgeons, pharmacists, physician assistants, 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, physician assistant, or advanced practice registered nurse with prescriptive authority and a pharmacist who has received appropriate training that includes programs approved by the Accreditation Council for Pharmacy Education (ACPE), curriculum-based programs from an ACPE-accredited college of pharmacy, state or local health department programs, or programs recognized by the board;
(D) Administering drugs orally, topically, by intranasal delivery, or by injection, pursuant to the order of the patient's licensed physician, physician assistant, 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;
(E) Administering[:
(i) Immunizations] immunizations
orally, by injection, or by intranasal delivery, to persons
[eighteen] three 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[;]
pursuant to section 461-11.4;
[(ii) Vaccines to persons between fourteen
and seventeen years of age pursuant to section 461-11.4; and
(iii) Human papillomavirus, Tdap (tetanus,
diphtheria, pertussis), meningococcal, and influenza vaccines to persons
between eleven and seventeen years of age pursuant to section 461-11.4;]
(F) As authorized by the written instructions of a licensed physician, physician assistant, 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, physician assistant, or advanced practice registered nurse with prescriptive authority and related to the condition for which the patient has been seen by the licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority; provided that the pharmacist shall issue written notification to the patient's licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority or enter the appropriate information in an electronic patient record system shared by the licensed physician, physician assistant, 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) Prescribing and dispensing an opioid antagonist pursuant to section 461-11.8;
(3) The offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy;
(4) Prescribing and dispensing contraceptive supplies pursuant to section 461-11.6; and
(5) Notwithstanding any other law to the contrary, and in accordance with the requirements of section 461-11.2, ordering, performing, and reporting the results of the following CLIA-waived tests:
(A) Blood glucose;
(B) Hemoglobin A1C;
(C) Hepatitis C;
(D) Human immunodeficiency virus;
(E) Influenza;
(F) Respiratory syncytial virus;
(G) SARS-CoV-2;
or
(H) Streptococcal pharyngitis."
SECTION 3. Section 461-8, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) A pharmacist who administers any vaccine to
persons [between the ages of fourteen and seventeen years or administers the
human papillomavirus, Tdap (tetanus, diphtheria, pertussis),
meningococcal, or influenza vaccine to persons between eleven
and seventeen years of age] three years of age and older
pursuant to section 461-11.4 shall complete a training program approved by the
board within every other biennial renewal period and submit proof of successful
completion of the training program to the board[; provided that the
pharmacist shall meet these requirements] prior to administering any
vaccine [to persons between the ages of fourteen and seventeen years or
administering the human papillomavirus, Tdap (tetanus,
diphtheria, pertussis), meningococcal, or influenza vaccine to
persons between eleven and seventeen years of age]."
SECTION 4. Section 461-11.4, Hawaii Revised Statutes, is amended to read as follows:
"§461-11.4
Vaccinations; children. (a) [A pharmacist may administer:
(1) A vaccine to persons between
fourteen and seventeen years of age pursuant to a valid prescription; and
(2) A human papillomavirus, Tdap
(tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine to
persons between eleven and seventeen years of age pursuant to a valid
prescription.
The
pharmacist shall verify that the prescriber or the prescriber's authorized
agent is the patient's medical home.] A pharmacist may order and administer
a vaccine to persons three years of age and older provided that:
(1) The vaccine is authorized or approved by the United States Food and Drug Administration; and
(2) The vaccination is ordered and administered
according to the standard immunization schedule set forth by the Advisory
Committee on Immunization Practices.
(b) After the vaccination is administered, the pharmacist shall immediately provide to the patient a vaccination record including the following information:
(1) The patient's name and date of birth;
(2) The type of vaccine administered; and
(3) The date and location that the vaccine was administered.
(c) The pharmacist shall provide within seventy-two hours to the medical home and within five business days to the department of health immunization registry the same information provided to the patient pursuant to subsection (b) as well as the following:
(1) The name of the vaccine product that was administered, including the manufacturer, lot number, and expiration date;
(2) The method of administration; and
(3) The anatomical site of administration.
(d) All pharmacists who administer
vaccines [to persons between the ages of fourteen and seventeen years or administer
human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, and
influenza vaccines to persons between the ages of eleven and seventeen years]
shall complete a training program approved by the Accreditation Council of
Pharmacy Education for which a certificate of completion is issued[. The pharmacist shall complete the training
program and submit the completion certificate for the training program to the
board] prior to administering any [vaccine to persons between the ages
of fourteen and seventeen years and prior to administering any human
papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or
influenza vaccine to persons between the ages of eleven and seventeen years.]
vaccine.
(e) For the purposes of this section, "medical home" means the primary care physician who, working in collaboration with the family, oversees the acute, chronic, and preventive health needs of the patient in a comprehensive, coordinated, and continuous fashion."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Vaccinations; Children; Pharmacists; Pharmacies
Description:
Authorizes pharmacists to order and administer immunizations and vaccinations to children three years of age and older under state law.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
