Section 12.52.445. Shared pharmacy services.

	(a)  A pharmacy participating in shared pharmacy services, or a pharmacist acting independently of a pharmacy and participating in shared pharmacy services, shall use an identifier on the prescription container that identifies prescriptions to be filled at a filling pharmacy or by the filling pharmacist. The requesting pharmacy or requesting pharmacist shall notify the patient or the patient's agent that the patient's prescription order may be processed or filled by another pharmacy or pharmacist, and shall identify the filling pharmacy or filling pharmacist. If the requesting pharmacy is part of a network of pharmacies under common ownership, and the prescription order may be processed or filled at any of the pharmacies in the network, the requesting pharmacy shall notify the patient of this. Notice under this subsection may be provided through an initial written notice to the patient or the patient's agent, or through the use of a sign prominently displayed in the requesting pharmacy or in the public portion of the office of the requesting pharmacist.  
	(b)  Except as provided in (c) of this section, if a filling pharmacy or filling pharmacist delivers a prescription medication directly to the patient or the patient's agent, the filling pharmacy or filling pharmacist shall provide, on the prescription container or on a separate sheet delivered with the prescription container,  
		(1) the local telephone number and, if applicable, the toll-free telephone number of the filling pharmacy or filling pharmacist; and  
		(2) a statement that conveys to the patient or patient's agent the following information: "Written information about this prescription has been provided for you; please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions at [insert the filling pharmacist or filling pharmacy's telephone numbers]."  
	(c)  The requirements of (b) of this section do not apply to prescription medication delivered to patients in facilities where a licensed health care professional is responsible for administering the prescription medication to the patient.  
	(d)  A pharmacy participating in shared pharmacy services, or a pharmacist acting independently of a pharmacy and participating in shared pharmacy services, shall  
		(1) maintain manual or electronic records identifying, individually for each order processed, filled, or dispensed, the name, initials, or identification code of each pharmacist responsible for the final verification of dispensing; those records must include descriptions of actions taken in interpretation of the order, order entry verification, drug utilization review, drug compatibility and drug allergy review, final order verification, therapeutic intervention, and refill authorization functions performed at that pharmacy or by that pharmacist;  
		(2) report to the board as soon as practical the results of any license disciplinary action taken by a regulatory agency in another licensing jurisdiction involving a pharmacy or pharmacist participating in shared pharmacy services;  
		(3) maintain a mechanism for tracking the order during each step of the processing and filling procedures performed at the pharmacy or by that pharmacist;  
		(4) provide for adequate security to protect the confidentiality and integrity of patient information;  
		(5) provide for inspection of any required record or information no later than 72 hours after any request by the board or its designee.  
	(e)  Each pharmacy participating in shared pharmacy services, if a  
		(1) requesting pharmacy, shall have a current in-state pharmacy license issued under AS 08.80.157 and this chapter;  
		(2) filling pharmacy, shall either  
			(A) have a current in-state pharmacy license issued under AS 08.80.157 and this chapter; or  
			(B) be registered as an out-of-state pharmacy under AS 08.80.158 and this chapter.  
	(f)  Each participant in shared pharmacy services shall jointly develop, implement, review, revise, and comply with joint policies and procedures for shared pharmacy services. Each participant is required to maintain only those portions of the joint policies and procedures that relate to that participant's operations. The policies and procedures must  
		(1) outline the responsibilities of each participant;  
		(2) include a list that contains  
			(A) each pharmacy participating in shared pharmacy services, and each pharmacist acting independently of a pharmacy and participating in shared pharmacy services;  
			(B) the name, address, and telephone number of each of those participants; and  
			(C) the license numbers for all licenses held by each of those participants; and  
		(3) address  
			(A) patient identification that meets the requirements of this section;  
			(B) the adequate protection of the confidentiality and integrity of patient information;  
			(C) dispensing prescription orders when the filled order is not received or the patient comes in before the order is received;  
			(D) the maintenance of manual or electronic records that meet the requirements of this section;  
			(E) compliance with federal and state laws; and  
			(F) the operation of a continuous quality improvement program for shared pharmacy services, designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems.  
	(g)  Nothing in this section prevents an individual pharmacist licensed in this state who is employed by or working under a contract with a pharmacy, or prevents a licensed pharmacy intern or pharmacy technician working under the supervision of that licensed pharmacist, from accessing the electronic database of that pharmacy from inside or outside the pharmacy and processing a prescription order in compliance with AS 08.80  and this chapter if  
		(1) the pharmacy has established controls to protect the privacy and security of confidential records; and  
		(2) the pharmacist, pharmacy intern, or pharmacy technician does not duplicate, download, or remove data from the pharmacy's electronic database.  
	(h)  A pharmacist working independently outside of the state may participate in shared pharmacy services with an institutional pharmacy in this state if the pharmacist holds  
		(1) a current license as a pharmacist issued under AS 08.80  and this chapter; and  
		(2) a current license to practice as a pharmacist issued by the licensing jurisdiction where the pharmacist is working.  
	(i)  The pharmacist-in-charge of the requesting pharmacy must ensure compliance with the applicable requirements of AS 08.80  and this section.  

Authorities

08.80.005;08.80.030;08.80.157;08.80.158

Notes

Reference

12 AAC 52.443
12 AAC 52.444

Authority

AS 08.80.005 AS 08.80.030 AS 08.80.157 AS 08.80.158 ________________________

History

Eff. 9/11/2010, Register 195