WSR 16-16-012 PROPOSED RULES DEPARTMENT OF HEALTH (Pharmacy Quality Assurance Commission) [Filed July 21, 2016, 11:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-01-156.
Title of Rule and Other Identifying Information: Chapter 246-869 WAC, Pharmacy licensing, the pharmacy quality assurance commission (commission) is proposing new WAC 246-869-105, to allow licensed pharmacists to provide temporary prescription refills to patients whose usual pharmacy access is disrupted during a governor-proclaimed emergency event.
Hearing Location(s): Pharmacy Quality Assurance Commission, Business Meeting, Red Lion Hotel, 1225 North Wenatchee Avenue, Wenatchee, WA 98801, on September 29, 2016, at 9:30 a.m.
Date of Intended Adoption: September 29, 2016.
Submit Written Comments to: Richard Cieslinski R.Ph., P.O. Box 47852, Olympia, WA 98504-7852, e-mail https://fortress.wa.gov/doh/policyreview, fax (360) 236-2901, by September 19, 2016.
Assistance for Persons with Disabilities: Contact LeAnn George by September 16, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new section will allow licensed pharmacists to provide a temporary prescription refill for patients when the patient's pharmacy access is disrupted during an event, such as earthquakes, floods, landslides, tsunamis or wildfires that result in a governor's emergency proclamation. The rule would allow pharmacists to legally fill a temporary prescription for legend drugs (up to a thirty day supply) or Schedule III, IV or V controlled substances (up to a seven-day supply) in areas where residents are displaced during a governor-proclaimed emergency when the pharmacist can determine that the prescription is current and that there are refills remaining.
Reasons Supporting Proposal: Patients who are displaced from their homes and who cannot access their community pharmacy during a proclaimed emergency would be able to get a temporary prescription refill from any pharmacy licensed by the commission. A pharmacist would have a legal means of filling a temporary prescription (for more than a seventy-two hour supply) in these instances and assure that the patient's medication therapy continues.
Statute Being Implemented: RCW 18.64.005(7).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state pharmacy quality assurance commission, governmental.
Name of Agency Personnel Responsible for Drafting: Richard Cieslinski R.Ph., 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4861; Implementation and Enforcement: Steve Saxe R.Ph., Executive Director, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4853.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Richard Cieslinski R.Ph., 111 Israel Road S.E., Tumwater, WA 98501, phone (360) 236-4861, fax (360) 236-2901, e-mail richard.cieslinski@doh.wa.gov.
July 21, 2016
Tim Lynch, PharmD, MS, Chair
Pharmacy Quality Assurance Commission
NEW SECTION
WAC 246-869-105 Continuity of care refills in proclaimed emergencies.
Notwithstanding WAC 246-869-100 (2)(f), when the governor issues an emergency proclamation for an event which prevents continuity of health care for persons and animals because their prescribed medications are no longer available to them due to the emergency event, pharmacists and pharmacies may provide emergency prescription supplies for medications during the period of the proclaimed emergency as provided below:
(1) An initial supply of up to thirty days of current prescriptions for legend drug (noncontrolled) medications or seven-day supply of current prescriptions for controlled substance medications in Schedules III, IV, and V may be provided to patients under the following conditions:
(a) Presentation of a valid prescription container complete with legible label indicating there are remaining refills, or confirmation of the prescribed medication and available refills by review of the patient's current medical records or pharmacy records; or
(b) If the prescription is expired and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a seventy-two hour supply of the prescribed medication as described in WAC 246-869-100 (2)(f).
(2) For each medication dispensed under this section, a pharmacist shall:
(a) Document the dispensing as a prescription, noting where the information from subsection (1)(a) of this section was obtained, whether from the prescription container, the patient's prescriber or from the pharmacy records;
(b) Inform the patient's provider and the pharmacy at which the patient obtains his or her medications of the dispensing as soon as possible following the emergency dispensing;
(c) Mark the face of the prescription as an "emergency" prescription.
(3) Nothing in this rule modifies insurers' requirements for coverage and payment for prescribed medications.
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