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7 LONG TITLE
8 General Description:
9 This bill permits a pharmacist, or a pharmacy intern or pharmacy technician who is
10 directly supervised by a pharmacist, to administer Tamiflu.
11 Highlighted Provisions:
12 This bill:
13 ▸ authorizes the use of a standing order issued by a physician to serve as authority for
14 a pharmacist, or a pharmacy intern or pharmacy technician who is directly
15 supervised by a pharmacist, to administer Tamiflu;
16 ▸ creates standards and procedures that a pharmacist, pharmacy intern, or pharmacy
17 technician must follow when administering Tamiflu; and
18 ▸ limits liability for practitioners who issue a standing order for Tamiflu.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 26-67-101, Utah Code Annotated 1953
26 26-67-102, Utah Code Annotated 1953
27 26-67-103, Utah Code Annotated 1953
28 26-67-104, Utah Code Annotated 1953
29 26-67-105, Utah Code Annotated 1953
30 26-67-106, Utah Code Annotated 1953
31 26-67-107, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-67-101 is enacted to read:
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36 26-67-101. Title.
37 This chapter is known as the "Tamiflu Access Act."
38 Section 2. Section 26-67-102 is enacted to read:
39 26-67-102. Definitions.
40 As used in this chapter:
41 (1) "Administering" means the same as that term is defined in Section 58-17b-102.
42 (2) "Division" means the same as that term is defined in Section 58-17b-102.
43 (3) "Local health department" means:
44 (a) a local health department, as defined in Section 26A-1-102; or
45 (b) a multicounty local health department, as defined in Section 26A-1-102.
46 (4) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
47 (5) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
48 (6) "Pharmacy technician" means the same as that term is defined in Section
49 58-17b-102.
50 (7) "Physician" means the same as that term is defined in Section 26-2-2.
51 (8) "Prescribe" means the same as that term is defined in Section 58-17b-102.
52 (9) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
53 (10) "Tamiflu" means the prescription drug Tamiflu (oseltamivir phosphate) and
54 generic equivalents approved by the FDA.
55 Section 3. Section 26-67-103 is enacted to read:
56 26-67-103. Voluntary participation.
57 This chapter does not create a duty or standard of care for a person to prescribe or
58 administer Tamiflu.
59 Section 4. Section 26-67-104 is enacted to read:
60 26-67-104. Authorization to administer Tamiflu.
61 Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed under
62 Title 58, Chapter 17b, Pharmacy Practice Act, to administer Tamiflu may administer Tamiflu:
63 (1) pursuant to:
64 (a) a standing prescription drug order made in accordance with Section 26-67-105; and
65 (b) a training and continuing education program made in accordance with Section
66 26-67-105;
67 (2) without any other prescription drug order from a person licensed to prescribe
68 Tamiflu; and
69 (3) in accordance with the administrative guidelines in Section 26-67-106.
70 Section 5. Section 26-67-105 is enacted to read:
71 26-67-105. Standing prescription drug orders for Tamiflu.
72 (1) A physician who is licensed to prescribe Tamiflu, including a physician acting in
73 the physician's capacity as an employee of the department, or a medical director of a local
74 health department, may issue a standing prescription drug order authorizing the administering
75 of Tamiflu under Section 26-67-104 in accordance with a protocol that is established by rules
76 made by the department in accordance with Title 63G, Chapter 3, Utah Administrative
77 Rulemaking Act.
78 (2) The protocol described in Subsection (1) shall:
79 (a) require the physician to specify the individuals licensed to administer Tamiflu;
80 (b) require individuals authorized by the physician to have completed training and
81 continuing education requirements; and
82 (c) require individuals authorized by the physician to administer Tamiflu to make and
83 retain a record of each patient to whom Tamiflu is administered, including:
84 (i) the name of the patient;
85 (ii) the patient's primary care practitioner;
86 (iii) the date of administration of Tamiflu;
87 (iv) the name, address, and title of the administering or delegating pharmacist;
88 (v) the manufacturer of Tamiflu; and
89 (vi) the lot number of the Tamiflu administered.
90 (3) The department, in accordance with Title 63G, Chapter 3, Utah Administrative
91 Rulemaking Act, shall make rules to establish the training and continuing education
92 requirements described in Subsection (2)(b).
93 Section 6. Section 26-67-106 is enacted to read:
94 26-67-106. Guidelines for administering Tamiflu.
95 (1) A pharmacist, pharmacy intern, or pharmacy technician who administers Tamiflu
96 under this chapter:
97 (a) shall obtain a completed self-screen risk assessment questionnaire, that has been
98 approved by the division in collaboration with the Board of Pharmacy and the Physicians
99 Licensing Board, from the patient before administering Tamiflu;
100 (b) may not administer Tamiflu if the results of the evaluation described in Subsection
101 (1)(a) indicate that it is unsafe to administer Tamiflu;
102 (c) before administering Tamiflu, shall review the drug and the self-screen risk
103 assessment;
104 (d) shall inform the patient or the patient's legal guardian of the specific benefits and
105 risks of Tamiflu and provide the appropriate information statement for Tamiflu; and
106 (e) shall follow the protocol established in Subsection (3) to treat any adverse events
107 following the administration of Tamiflu.
108 (2) A pharmacy technician or a pharmacy intern who administers Tamiflu under this
109 chapter shall only administer Tamiflu under the on-site, direct supervision of a pharmacist who
110 is authorized to administer Tamiflu under this chapter.
111 (3) The division, in collaboration with the Board of Pharmacy and the Physicians
112 Licensing Board, shall make rules in accordance with Title 63G, Chapter 3, Utah
113 Administrative Rulemaking Act, to establish:
114 (a) the self-screen risk assessment questionnaire described in Subsection (1)(a); and
115 (b) a protocol to follow for adverse events that result from the administration of
116 Tamiflu.
117 Section 7. Section 26-67-107 is enacted to read:
118 26-67-107. Limited civil liability.
119 A physician who issues a standing prescription drug order in accordance with Section
120 26-64-105 is not liable for any civil damages for acts or omissions resulting from an individual
121 administering Tamiflu under the standing prescription drug order.