SB 41 - This act modifies several provisions relating to the administration of medications by pharmacists. First, this act modifies the definition of a medication therapeutic plan by repealing language defining it by the prescription order so long as the prescription order is specific to each patient for care by a pharmacist. This act also repeals language from current law defining the practice of pharmacy as including the administration of specific vaccines by written physician protocol for specific patients and adds language defining the practice of pharmacy as including the ordering and administering of FDA-approved or authorized vaccines to persons at least 7 years of age or the CDC-approved age, whichever is older, pursuant to rules promulgated by the Board of Pharmacy and the Board of Registration for the Healing Arts or rules promulgated under a state of emergency.

Under current law, any pharmacist who accepts a prescription order for a medication therapeutic plan shall have a written protocol from the referring physician. This act repeals this provision and permits a pharmacist with a certificate of medication therapeutic plan authority to provide medication therapy services pursuant to a statewide order issued by the Department of Health and Senior Services or pursuant to a written protocol with a licensed physician.

This act repeals provisions of current law requiring pharmacists to administer vaccines by protocol in accordance with treatment guidelines established by the CDC and provisions requiring a pharmacist who is administering a vaccine to request a patient remain in the pharmacy a safe amount of time after administration of the vaccine to observe any adverse reactions.

Under this act, a licensed pharmacist may order and administer medication approved or authorized by the FDA to address a public health need, as authorized by the state or federal government, during a state or federally-declared public health emergency. Additionally, a licensed pharmacist may administer medication pursuant to a statewide standing order issued by the Director of the Department of Health and Senior Services, if a physician, or a physician on behalf of the Director, to address a public health need.

Finally, medication therapy services may be provided by a pharmacist for patients of a hospital pursuant to a statewide standing order issued by the Department or pursuant to a physician protocol.

This act is identical to HCS/HB 2452 (2022) and substantially similar to provisions in SB 1126 (2022) and HCS/SS/SB 690 (2022).


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