Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amending WAC 246-863-095 Pharmacist's professional responsibilities and new WAC 246-869-010 Pharmacies' responsibilities. The purpose of the rules is to promote patient safety and access to health care by emphasizing the professional responsibilities of pharmacists and pharmacies. The rules clearly state the responsibilities of pharmacies to deliver timely, safe and appropriate medications.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-863-095 Pharmacist's professional responsibilities.

     Statutory Authority for Adoption: RCW 18.64.005, 18.130.050.

     Other Authority: RCW 18.64.165, 18.130.180.

      Adopted under notice filed as WSR 07-05-055 on February 20, 2007.

     A final cost-benefit analysis is available by contacting Doreen E. Beebe, Department of Health, Board of Pharmacy, P.O. Box 47863, Olympia, WA 98504-7863, phone (360) 236-4834, fax (360) 586-4359, e-mail doreen.beebe@doh.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

     Date Adopted: June 25, 2007.

Rebecca E. Hille

Board Chair

OTS-9303.3

AMENDATORY SECTION(Amending WSR 96-02-005, filed 12/20/95, effective 1/20/96)

WAC 246-863-095   Pharmacist's professional responsibilities.   (1) A pharmacist's primary responsibility is to ensure patients receive safe and appropriate medication therapy.

     (2) A pharmacist shall not delegate the following professional responsibilities:

     (a) Receipt of a verbal prescription other than refill authorization from a prescriber.

     (b) Consultation with the patient regarding the prescription, both prior to and after the prescription filling and/or regarding any information contained in a patient medication record system provided that this shall not ((preclude a)) prohibit pharmacy ((assistant)) ancillary personnel from providing to the patient or the patient's health care giver certain information where no professional judgment is required such as dates of refills or prescription price information.

     (c) Consultation with the prescriber regarding the patient and the patient's prescription.

     (d) Extemporaneous compounding of the prescription ((provided that)), however, bulk compounding from a formula and IV admixture products prepared in accordance with chapter 246-871 WAC may be performed by a ((level A)) pharmacy ((assistant)) technician when supervised by a pharmacist.

     (e) Interpretation of data in a patient medication record system.

     (f) Ultimate responsibility for all aspects of the completed prescription and assumption of the responsibility for the filled prescription, such as: Accuracy of drug, strength, labeling, proper container and other requirements.

     (g) Dispense prescriptions to patient with proper patient information as required by WAC 246-869-220.

     (h) Signing of the poison register and the Schedule V controlled substance registry book at the time of sale in accordance with RCW 69.38.030 and WAC 246-887-030 and any other item required by law, rule or regulation to be signed or initialed by a pharmacist.

     (i) Professional communications with physicians, dentists, nurses and other health care practitioners.

     (((2))) (j) Decision to not dispense lawfully prescribed drugs or devices or to not distribute drugs and devices approved by the U.S. Food and Drug Administration for restricted distribution by pharmacies.

     (3) Utilizing personnel to assist the pharmacist.

     (a) The responsible pharmacist manager shall retain all professional and personal responsibility for any assisted tasks performed by personnel under his or her responsibility, as shall the pharmacy employing such personnel. The responsible pharmacist manager shall determine the extent to which personnel may be utilized to assist the pharmacist and shall assure that the pharmacist is fulfilling his or her supervisory and professional responsibilities.

     (b) This does not preclude delegation to an intern or extern.

     (4) It is considered unprofessional conduct for any person authorized to practice or assist in the practice of pharmacy to engage in any of the following:

     (a) Destroy unfilled lawful prescription;

     (b) Refuse to return unfilled lawful prescriptions;

     (c) Violate a patient's privacy;

     (d) Discriminate against patients or their agent in a manner prohibited by state or federal laws; and

     (e) Intimidate or harass a patient.

[Statutory Authority: RCW 18.64.005. 96-02-005, § 246-863-095, filed 12/20/95, effective 1/20/96.]

OTS-9364.3

NEW SECTION
WAC 246-869-010   Pharmacies' responsibilities.   (1) Pharmacies have a duty to deliver lawfully prescribed drugs or devices to patients and to distribute drugs and devices approved by the U.S. Food and Drug Administration for restricted distribution by pharmacies, or provide a therapeutically equivalent drug or device in a timely manner consistent with reasonable expectations for filling the prescription, except for the following or substantially similar circumstances:

     (a) Prescriptions containing an obvious or known error, inadequacies in the instructions, known contraindications, or incompatible prescriptions, or prescriptions requiring action in accordance with WAC 246-875-040.

     (b) National or state emergencies or guidelines affecting availability, usage or supplies of drugs or devices;

     (c) Lack of specialized equipment or expertise needed to safely produce, store, or dispense drugs or devices, such as certain drug compounding or storage for nuclear medicine;

     (d) Potentially fraudulent prescriptions; or

     (e) Unavailability of drug or device despite good faith compliance with WAC 246-869-150.

     (2) Nothing in this section requires pharmacies to deliver a drug or device without payment of their usual and customary or contracted charge.

     (3) If despite good faith compliance with WAC 246-869-150, the lawfully prescribed drug or device is not in stock, or the prescription cannot be filled pursuant to subsection (1)(a) of this section, the pharmacy shall provide the patient or agent a timely alternative for appropriate therapy which, consistent with customary pharmacy practice, may include obtaining the drug or device. These alternatives include but are not limited to:

     (a) Contact the prescriber to address concerns such as those identified in subsection (1)(a) of this section or to obtain authorization to provide a therapeutically equivalent product;

     (b) If requested by the patient or their agent, return unfilled lawful prescriptions to the patient or agent; or

     (c) If requested by the patient or their agent, communicate or transmit, as permitted by law, the original prescription information to a pharmacy of the patient's choice that will fill the prescription in a timely manner.

     (4) Engaging in or permitting any of the following shall constitute grounds for discipline or other enforcement actions:

     (a) Destroy unfilled lawful prescription.

     (b) Refuse to return unfilled lawful prescriptions.

     (c) Violate a patient's privacy.

     (d) Discriminate against patients or their agent in a manner prohibited by state or federal laws.

     (e) Intimidate or harass a patient.

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