Bill Text: OH SB79 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To decrease the minimum age for which a pharmacist may administer certain vaccinations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-13 - To Medicaid, Health & Human Services [SB79 Detail]

Download: Ohio-2013-SB79-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 79

Senator Kearney 

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A BILL

To amend section 4729.41 of the Revised Code to

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decrease the minimum age for which a pharmacist

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may administer certain vaccinations.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4729.41 of the Revised Code be	4
amended to read as follows:	5

Sec. 4729.41. (A)(1) A pharmacist licensed under this chapter	6
who meets the requirements of division (B) of this section may do	7
any of the following:	8

(a) Administer immunizations for influenza to individuals	9
fourteen years of age or older;	10

(b) Administer immunizations to individuals eighteenseven	11
years of age or older for any of the following:	12

(i) Influenza;

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(ii) Pneumonia;

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(ii)(iii) Tetanus;

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(iii)(iv) Hepatitis A;

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(iv)(v) Hepatitis B;

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(v)(vi) Meningitis;

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(vi)(vii) Diphtheria;

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(vii)(viii) Pertussis.

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(c)(b) Administer to individuals eighteen years of age or	21
older any other immunization listed in the rule adopted under	22
division (E)(1)(d) of this section.	23

(2) A pharmacy intern licensed under this chapter who meets	24
the requirements of division (B) of this section and is working	25
under the direct supervision of a pharmacist who meets the	26
requirements of that division may administer immunizations for	27
influenza to individuals eighteen years of age or older.	28

(3) As part of engaging in the administration of	29
immunizations or supervising a pharmacy intern's administration of	30
immunizations, a pharmacist may administer epinephrine or	31
diphenhydramine, or both, to individuals in emergency situations	32
resulting from adverse reactions to the immunizations administered	33
by the pharmacist or pharmacy intern.	34

(B) For a pharmacist or pharmacy intern to be authorized to	35
engage in the administration of immunizations as specified in	36
division (A) of this section, the pharmacist or pharmacy intern	37
shall do all of the following:	38

(1) Successfully complete a course in the administration of	39
immunizations that has been approved by the state board of	40
pharmacy as meeting the standards established for such courses by	41
the centers for disease control and prevention in the public	42
health service of the United States department of health and human	43
services;	44

(2) Receive and maintain certification to perform basic	45
life-support procedures by successfully completing a basic	46
life-support training course certified by the American red cross	47
or American heart association;	48

(3) Practice in accordance with a definitive set of treatment	49
guidelines specified in a protocol established by a physician and	50
approved by the state board of pharmacy.	51

(C) The protocol required by division (B)(3) of this section	52
shall include provisions for implementation of the following	53
requirements:	54

(1) The pharmacist or pharmacy intern who administers an	55
immunization shall observe the individual who receives the	56
immunization to determine whether the individual has an adverse	57
reaction to the immunization. The length of time and location of	58
the observation shall comply with the standards specified in rules	59
adopted by the state board of pharmacy under division (E) of this	60
section for the approval of protocols. The protocol shall specify	61
procedures to be followed by a pharmacist when administering	62
epinephrine, diphenhydramine, or both, to an individual who has an	63
adverse reaction to an immunization administered by the pharmacist	64
or a pharmacy intern.	65

(2) For each immunization administered to an individual by a	66
pharmacist, other than an immunization for influenza administered	67
to an individual eighteen years of age or older, the pharmacist	68
shall notify the individual's family physician or, if the	69
individual has no family physician, the board of health of the	70
health district in which the individual resides or the authority	71
having the duties of a board of health for that district under	72
section 3709.05 of the Revised Code. The notice shall be given not	73
later than thirty days after the immunization is administered.	74

(3) For each immunization for influenza administered by a	75
pharmacist to an individual who is fourteenseven years of age or	76
older but younger than eighteen years of age, the pharmacist or a	77
pharmacy intern shall obtain permission from the individual's	78
parent or legal guardian in accordance with the procedures	79
specified in rules adopted under division (E) of this section.	80

(D)(1) No pharmacist shall do either of the following:

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(a) Engage in the administration of immunizations unless the	82
requirements of division (B) of this section have been met;	83

(b) Delegate to any person the pharmacist's authority to	84
engage in or supervise the administration of immunizations.	85

(2) No pharmacy intern shall engage in the administration of	86
immunizations for influenza unless the requirements of division	87
(B) of this section have been met.	88

(E)(1) The state board of pharmacy shall adopt rules to	89
implement this section. The rules shall be adopted in accordance	90
with Chapter 119. of the Revised Code and shall include the	91
following:	92

(a) Provisions for approval of courses in administration of	93
immunizations;	94

(b) Provisions for approval of protocols to be followed by	95
pharmacists and pharmacy interns in engaging in the administration	96
of immunizations, including protocols that contain provisions	97
specifying the locations at which a pharmacist or pharmacy intern	98
may engage in the administration of immunizations;	99

(c) Procedures to be followed by pharmacists and pharmacy	100
interns in obtaining from the individual's parent or legal	101
guardian permission to administer influenza immunizations to an	102
individual younger than eighteen years of age pursuant to division	103
(A)(1)(a) of this section;	104

(d) A list of immunizations that may be administered under	105
division (A)(1)(c)(b) of this section.	106

(2) Prior to adopting rules regarding approval of protocols	107
to be followed by pharmacists and pharmacy interns in engaging in	108
the administration of immunizations, the state board of pharmacy	109
shall consult with the state medical board and the board of	110
nursing.	111

(3) Prior to adopting a rule listing immunizations that may	112
be administered under division (A)(1)(c)(b) of this section, the	113
state board of pharmacy shall consult with the state medical	114
board.	115

Section 2. That existing section 4729.41 of the Revised Code	116
is hereby repealed.	117