Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 40-43-30 of the 1976 Code is amended to read:
"Section 40-43-30.
For purposes of this chapter:
(1) 'Administer' means
the direct application of a drug or device pursuant to a lawful
order of a practitioner to the body of a patient by injection,
inhalation, ingestion, topical application, or any other
means.
(2) 'Ante
area' means an ISO 8 or greater area where personnel perform
hand hygiene, garbing, and stage components. An ante area
precedes a buffer area, provided:
(a)
a buffer area must be separated by a wall from
an ante area if high-risk preparations are compounded; and
(b)
if only low-risk and medium-risk preparations
are compounded, separating an ante room from a buffer area is
recommended.
(3)
'Aseptic preparation' means the technique involving
procedures designed to preclude contamination of drugs,
packaging, equipment, or supplies by microorganisms during
processing.
(4)
'Automated compounding device' or 'ACD' means an
automated device that compounds, measures, counts, packages, or
labels a specified quantity of dosage units for a designated
drug preparation.
(5)
'Beyond-use date' or 'BUD' means the date or time after
which a compounded preparation is recommended not to be
dispensed or used. The date is determined from the date or time
the preparation is compounded.
(26)
'Biological safety cabinet' or 'BSC' means a
containment unit suitable for the preparation of low-to-moderate
risk agents where there is a need for protection of the
product preparation, personnel, and
environment, according to National Sanitation Foundation
Standard 49.
(37)
'Board' or 'Board of Pharmacy' means the State Board of
Pharmacy.
(48)
'Brand name' means the proprietary or trade name placed
upon a drug, its container, label, or wrapping at the time of
packaging.
(9) 'Buffer
area' means an area where the primary engineering control is
physically located. Activities that occur in this area include
the preparation and staging of components and supplies used when
compounding sterile preparations.
(10)
'Certified pharmacy technician' means an individual who
is a registered pharmacy technician and who has completed the
requirements provided for in Section 40-43-82(B).
(511)
'Chart order' means a lawful order from a
practitioner for a drug or device for patients of a hospital or
extended care facility, or such an order prepared by another
person and signed by a practitioner either immediately or at
another time, issued for a legitimate medical purpose within the
practitioner's course of legitimate practice and including
orders derived on behalf of a practitioner from a practitioner
approved drug therapy management.
(612)
'Class 100 environment' or 'ISO 5' means an
atmospheric environment which contains less than one hundred
particles 0.5 microns in diameter per cubic foot of air.
(13)
'Closed-system transfer device' or 'CSTD' means a
closed-system hazardous drug handling device comprising a number
of interlocking parts for reconstituting, injecting, and
administering doses of hazardous drugs.
(14)
'Colony-forming unit' or 'CFU' means an estimate of
cell quantity.
(715)
'Compounding' means the preparation, propagation,
conversion, or processing of a drug or device, either directly
or indirectly, by extraction from substances of natural origin
or independently by means of chemical or biological synthesis,
or the preparation, mixing, assembling, packaging, or labeling
of a drug or device as the result of a practitioner's
prescription drug order or initiative based on the
practitioner/patient/pharmacist relationship in the course of
professional practice, or for the purpose of, or as an incident
to, research, teaching, or chemical analysis and not for sale or
dispensing. Compounding also includes the preparation of drugs
or devices in anticipation of prescription drug orders based on
routine, regularly observed prescribing patterns. The term
compounding does not include mixing, reconstituting, or other
such acts that are performed in accordance with directions
contained in approved labeling provided by the product's
manufacturer and other manufacturer directions consistent with
that labeling.
(16)
'Compounded sterile preparation' or 'CSP' means a
compounded biologic, diagnostic, drug, nutrient, or
radiopharmaceutical that must be sterile when administered to a
patient. Among other things, CSPs include:
(a)
aqueous bronchial and nasal inhalations;
(b)
baths and soaks for live organs and tissues;
(c)
injections, such as colloidal dispersions,
emulsions, solutions, suspensions, among others;
(d)
irrigations for wounds and body cavities;
(e)
ophthalmic drops and ointments; and
(f)
tissue implants.
(17)
'Compounding aseptic containment isolator' or 'CACI'
means a completely enclosed isolating cabinet that makes use of
airtight glove ports designed to protect the user from exposure
to airborne drugs and other agents during the compounding and
material transfer processes. A CACI also provides an aseptic
environment for compounding sterile preparations. Air exchange
with the surrounding environment should not occur in a CACI
unless the air is first passed through a HEPA minimum, microbial
retentive filter system capable of containing airborne
concentrations of the physical size and state of the drug being
compounded. Where volatile hazardous drugs are prepared, the
exhaust air from the isolator should be appropriately removed by
properly designed building ventilation.
(18)
'Compounding aseptic isolator' or 'CAI' means a
completely enclosed isolating cabinet that makes use of airtight
glove ports designed to maintain an aseptic compounding
environment within the isolator throughout the compounding and
material transfer process. Air exchange into the isolator from
the surrounding environment should not occur unless the air has
first passed through a HEPA minimum, microbial retentive filter.
A CAI is primarily used for nonhazardous drug preparations.
(819)
'Confidential information' means information
maintained in a patient's records or which is communicated to a
patient as part of patient counseling, which is privileged and
may be released only to the patient, to those practitioners and
pharmacists where, in the pharmacist's professional judgment,
release is necessary to protect the patient's health and well
being, and to other persons or governmental agencies authorized
by law to receive such confidential information.
(20)
'Critical site' means an opening that provides a direct
pathway between a CSP and the environment or any surface coming
in contact with the preparation or environment.
(9)
'Cytotoxic agent' means a drug that has the
capability of killing living cells. (
1021)
'Deliver' or 'delivery' means the actual,
constructive, or attempted transfer of a drug or device from one
person to another, whether or not for consideration.
(1122)
'Designated agent' means a person employed by an
authorized practitioner to transmit, either orally or
electronically, a prescription drug order on behalf of the
authorized practitioner to the pharmacist. The authorized
practitioner accepts the responsibility for the correct
transmission of the prescription drug order.
(1223)
'Designated pharmacist' means an individual
currently licensed by the Board of Pharmacy in this State who
certifies internship training.
(1324)
'Device' means an instrument, apparatus, implement,
machine, contrivance, implant, or other similar or related
article, including any component part or accessory, which is
required under federal law to bear the label: 'Caution:
Federal law restricts this device for sale by or on the order of
a ___________', the blank to be filled with the word physician,
dentist, veterinarian, or with the descriptive designation of
any other practitioner licensed by the law of the State in which
he practices to use or order the use of the device; or 'Federal
law prohibits dispensing without prescription'; or any products
deemed to be a public health threat after notice and public
hearing as designated by the board.
(25) 'Direct
compounding area' or 'DCA' means the area within the primary
engineering controls where critical sites are exposed to
unidirectional HEPA-filtered air, also known as first air.
(26)
'Disinfectant' means an agent that frees from
infection, usually a chemical agent but sometimes a physical
one, and that destroys disease-causing pathogens or other
harmful microorganisms but may not kill bacterial and fungal
spores. It refers to substances applied to inanimate
objects.
(1427)
'Dispense' means the transfer of possession of one
or more doses of a drug or device by a licensed pharmacist or
person permitted by law, to the ultimate consumer or his agent
pursuant to a lawful order of a practitioner in a suitable
container appropriately labeled for subsequent administration
to, or use by, a patient. As an element of dispensing, the
dispenser shall, before the actual physical transfer, interpret
and assess the prescription order for potential adverse
reactions or side effects, interactions, allergies, dosage, and
regimen the dispenser considers appropriate in the exercise of
his professional judgment, and the dispenser shall determine
that the drug or device called for by the prescription is ready
for dispensing. The dispenser shall also provide counseling on
proper drug usage, either orally or in writing, as provided in
this chapter. The actual sales transaction and delivery of a
drug or device is not considered dispensing and the
administration is not considered dispensing.
(1528)
'Distribute' means the delivery of a drug or device
other than by administering or dispensing.
(1629)
'Drug' or 'medicine' means:
(a)
articles recognized as drugs in an official compendium, or
supplement to a compendium, including, but not limited to,
USP/NF designated from time to time by the board for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease
in humans or other animals;
(b)
articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or
other animals;
(c)
articles, other than food, or nonprescription vitamins
intended to affect the structure or a function of the human body
or other animals; and
(d)
articles intended for use as a component of any articles
specified in item (a), (b), or (c) of this subsection.
(1730)
'Drug regimen review' includes, but is not limited
to, the following activities:
(a)
evaluation of prescription drug orders and pharmacy
patient records for:
(i)
known allergies;
(ii)
rational therapy-contraindications;
(iii)
reasonable dose and route of administration; and
(iv)
reasonable directions for use.
(b)
evaluation of prescription drug orders and pharmacy
patient records for duplication of therapy.
(c)
evaluation of prescription drug orders and pharmacy
patient records for interactions:
(i)
drug-drug;
(ii)
drug-food;
(iii)
drug-disease, if available; and
(iv)
adverse drug reactions.
(d)
evaluation of prescription drug orders and pharmacy
patient records for proper utilization, including
over-utilization or under-utilization, and optimum therapeutic
outcomes.
(1831)
'Drug therapy management' is that practice of
pharmacy which involves the expertise of the pharmacist in a
collaborative effort with the practitioner and other health care
providers to ensure the highest quality health care services for
patients.
(32)
'Endotoxin' means a toxin in the cell walls of all
gram-negative bacteria that is the most common type of pyrogenic
substance.
(1933)
'Enteral' means within or by way of the intestine.
(2034)
'Equivalent drug product' means a drug product
which has the same established name and active ingredients to
meet the same compendia or other applicable standards, but which
may differ in characteristics such as shape, scoring
configuration, packaging, excipient (including colors, flavors,
preservatives), and expiration time. Pharmacists may utilize as
a basis for the determination of generic equivalency Approved
Drug Products with Therapeutic Equivalence Evaluations and
current supplements published by the Federal Food and Drug
Administration, within the limitations stipulated in that
publication.
(35)
'Expiration date' means the maximum time period that a
manufactured, compounded, or repackaged product may be used
based on specified storage requirements.
(2136)
'Extern' means an individual currently enrolled in
an approved college or school of pharmacy who is on required
rotations for obtaining a degree in pharmacy.
(37) 'First
air' means the air exiting the HEPA filter in a unidirectional
airstream that is essentially particulate-free.
(2238)
'Generic names' mean the official compendia names
or United States Adopted Names (USAN).
(39) 'Glove
fingertip test' means a test where the gloved fingertips and
thumb are lightly pressed into appropriate agar plates. The
plates are incubated for an appropriate time period and at an
appropriate temperature.
(40)
'Hazardous drug' means a drug that has at least one of
the following properties: carcinogenicity; teratogenicity or
developmental toxicity; reproductive toxicity in humans; organ
toxicity at low doses in humans or animals; genotoxicity; or new
drugs that mimic existing hazardous drugs in structure or
toxicity.
(2341)
'Health care provider' includes a pharmacist who
provides health care services within the pharmacist's scope of
practice pursuant to state law and regulation.
(42)
'High-efficiency particulate arrestor' or 'HEPA' means
a type of air filter that must satisfy certain efficiency
standards set by the United States Department of Energy. A
filter that qualifies as a HEPA is subject to interior
classifications.
(2443)
'Institutional facility' means an organization
whose primary purpose is to provide a physical environment for
patients to obtain health care services and shall not include
those places where physicians, dentists, veterinarians, or other
practitioners, who are duly licensed, engage in private
practice.
(2544)
'Institutional pharmacy' means the physical portion
of an institutional facility that is engaged in the compounding,
dispensing, and distribution of drugs, devices, and other
materials, hereinafter referred to as 'drugs', used in the
diagnosis and treatment of injury, illness, and disease and
which is permitted by the State Board of Pharmacy.
(2645)
'Institutional consultant pharmacist' means a
pharmacist licensed in this State who acts as a consultant for
institutional facilities.
(2746)
'Intern' means an individual who is currently
registered by certificate in this State to engage in the
practice of pharmacy while under the personal supervision of a
pharmacist and is satisfactorily progressing toward meeting the
requirements for licensure as a pharmacist.
(47) 'ISO'
means the International Organization for Standardization.
(48) 'ISO
5 environment' means an atmospheric environment that contains
fewer than 3,520 particles no greater than 0.5 millimeters in
diameter per cubic meter of air. The previous designation of
this environment was known as Class 100.
(49) 'ISO
7 environment' means an atmospheric environment that contains
fewer than 352,000 particles no greater than 0.5 millimeters in
diameter per cubic meter of air. The previous designation of
this environment was known as Class 10,000.
(50) 'ISO
8 environment' means an atmospheric environment that contains
fewer than 3,520,000 particles no greater than 0.5 millimeters
in diameter per cubic meter of air. The previous designation of
this environment was known as Class 100,000.
(51)
'Isolator' means a self-contained primary engineering
control defined by having fixed walls, a floor, and a ceiling,
and includes barriers such as gloves, sleeves, and air locks
that separate transfers of materials into and out of the
environment. The use of an isolator can be an alternative to a
buffer area for sterile preparations.
(2852)
'Labeling' means the process of preparing and
affixing a label which includes all information required by
federal and state law to a drug container exclusive of the
labeling by a manufacturer, packer, or distributor of a
nonprescription drug or commercially packaged legend drug or
device.
(53) 'Laminar
air flow workbench' or 'LAFW' means a primary engineering
control that uses an ISO 5 controlled environment created by a
HEPA filter to retain airborne particles and microorganisms, and
has horizontal air flow or vertical air flow.
(2954)
'Manufacturing' of products means the production,
preparation, propagation, conversion, or processing of a drug or
device, either directly or indirectly, by extraction from
substances of natural origin or independently by means of
chemical or biological synthesis, or from bulk chemicals, and
includes any packaging or repackaging of the substances or
labeling or relabeling of its container, if these actions are
followed by the promotion and marketing of the drugs or devices
for resale to pharmacies, practitioners, or other persons.
(3055)
'Manufacturer' means a person engaged in the
manufacture of prescription drugs or devices.
(56)
'Media-fill test' means a test to evaluate the aseptic
technique of:
(a)
compounding personnel;
(b)
a process to ensure that the process used can
produce sterile preparation that has no microbial contamination.
(57)
'Material safety data sheet' or 'MSDS' means a resource
that provides information concerning a chemical, including:
(a)
the identity, physical and chemical
characteristics, physical and health hazards, primary routes of
entry, exposure limits of the chemical;
(b)
whether the chemical is a carcinogen;
(c)
precautions for safe handling and use of the
chemical;
(d)
control measures;
(e)
emergency and first aid procedures;
(f)
the latter of the date the MSDS was prepared or
last modified; and
(g)
the name, address, and telephone number of the
manufacturer, importer, or employer who distributes the MSDS.
(3158)
'Medical order' means a lawful order of a
practitioner which may or may not include a prescription drug
order.
(59)
'Negative pressure' means a room or device that is at a
lower pressure than adjacent space; the air flow moves into the
room or device.
(3260)
'Nonprescription drug' means a drug which may be
sold without a prescription and which is labeled for use by the
consumer in accordance with the requirements of the laws of this
State and the federal government.
(3361)
'Nonresident pharmacy' means a pharmacy located
outside this State.
(3462)
'Parenteral' means a sterile preparation of drugs
for injection through one or more layers of the skin.
(3563)
'Patient counseling' means the oral or written
communication by the pharmacist to a patient or caregiver
providing information on the proper use of drugs and devices.
(3664)
'Permit consultant pharmacist' means a pharmacist
licensed in this State who acts as a consultant for a permit
holder other than a pharmacy or institution.
(3765)
'Person' means an individual, sole-proprietorship,
corporation, partnership, association, or any other legal entity
including government.
(66)
'Personal protective equipment' or 'PPE' means a gown,
glove, mask, hair cover, shoe cover, eye shield, and similar
items intended to protect the compounder from hazards and
minimize particle shedding.
(3867)
'Pharmacy care' is the direct provision of drug
therapy and other pharmacy patient care services through which
pharmacists, in cooperation with the patient and other health
care providers, design, implement, monitor, and manage
therapeutic plans for the purpose of improving a patient's
quality of life. Objectives include cure of disease,
elimination or reduction of a patient's symptomatology,
arresting or slowing a disease process, or prevention of a
disease or symptomatology. The process includes three primary
functions:
(a)
identifying potential and actual drug-related problems;
(b)
resolving actual drug-related problems; and
(c)
preventing potential drug-related problems.
(3968)
'Pharmacist' means an individual health care
provider licensed by this State to engage in the practice of
pharmacy. A pharmacist is a learned professional authorized to
provide patient care services within the scope of his knowledge
and skills.
(4069)
'Pharmacist-in-charge' means a pharmacist currently
licensed in this State who accepts responsibility for the
operation of a pharmacy in conformance with all laws pertinent
to the practice of pharmacy and the distribution of drugs and
who is in full and actual charge of the pharmacy and personnel.
(4170)
'Pharmacy' means a location for which a pharmacy
permit is required and in which prescription drugs and devices
are maintained, compounded, and dispensed for patients by a
pharmacist. This definition includes a location where
pharmacy-related services are provided by a pharmacist.
(4271)
'Pharmacy technician' means an individual other
than an intern or extern, who assists in preparing, compounding,
and dispensing medicines under the personal supervision of a
licensed pharmacist and who is required to register as a
pharmacy technician.
(72)
'Point-of-care activated delivery system' means a vial
or bag system where a medication and an intravenous solution is
attached, but not activated or otherwise mixed until immediately
before administration to a patient.
(4373)
'Poison' means:
(a)
a drug, chemical, substance, or preparation which,
according to standard works on medicine, materia medica, or
toxicology, is liable to be destructive to adult human life in
doses of sixty grains or less; or
(b)
a substance recognized by standard authorities on
medicine, materia medica, or toxicology as poisonous; or
(c)
any other item enumerated in this chapter; or
(d)
a drug, chemical, substance, or preparation which is
labeled 'Poison'.
(74)
'Positive pressure' means a room or device with higher
pressure than adjacent space so that air flow moves out of,
rather than into, the room or device.
(4475)
'Practice of pharmacy' means the interpretation,
evaluation, and dispensing of prescription drug orders in the
patient's best interest; participation in drug and device
selection, drug administration, prospective drug reviews, and
drug or drug-related research; provision of patient counseling
and the provision of those acts or services necessary to provide
pharmacy care and drug therapy management; and responsibility
for compounding and labeling of drugs and devices, (except
labeling by a manufacturer, repackager, or distributor or
nonprescription drugs and commercially packaged legend drugs and
devices) proper and safe storage of drugs and devices and
maintenance of proper records for them; or the offering or
performing of those acts, services, operations, or transactions
necessary in the conduct, operation, education, management, and
control of pharmacy.
(4576)
'Practitioner' means a physician, dentist,
optometrist, podiatrist, veterinarian, or other health care
provider authorized by law to diagnose and prescribe drugs and
devices.
(77)
'Preparation' or 'compounded sterile preparation (CSP)'
means a sterile drug or nutrient compounded in a licensed
pharmacy or licensed health care facility pursuant to a
prescription. A preparation or CSP may or may not contain
sterile products.
(4678)
'Prescription drug' or 'legend drug' means:
(a)
a drug which, under federal law, is required, prior to
being dispensed or delivered, to be labeled with any of the
following statements:
(i)
'Caution: Federal law prohibits dispensing without
prescription';
(ii)
'Caution: Federal law restricts this drug to use by, or
on the order of, a licensed veterinarian';
(iii)
'Rx only'; or
(b)
a drug which is required by any applicable federal or
state law to be dispensed pursuant only to a prescription drug
order or is restricted to use by practitioners only;
(c)
any drug products or compounded preparations
considered to be a public health threat, after notice and public
hearing as designated by the board; or
(d)
any prescribed compounded prescription is a prescription
drug within the meaning of this act.
(4779)
'Prescription drug order' means a lawful order from
a practitioner for a drug or device for a specific patient,
issued for a legitimate medical purpose within the prescriber's
course of legitimate practice and including orders derived from
collaborative pharmacy practice.
(80) 'Primary
engineering control' or 'PEC' means a device, such as a laminar
airflow workbench or an isolator, or a room that provides an ISO
5 environment.
(81)
'Process verification and validation' means the
process:
(a)
used to evaluate whether a product, service, or
system meets specifications and fulfills its intended purpose;
and
(b)
of establishing evidence that provides a high
degree of assurance that a product, service, or system
accomplishes its intended requirements.
(82)
'Product' means a commercially manufactured drug
or nutrient that has been evaluated for safety and efficacy by
the FDA. A product is accompanied by FDA approved manufacturer
labeling or a product package insert.
(4883)
'Prospective drug use review' means a review of the
patient's drug therapy and prescription drug order before
dispensing the drug as part of a drug regimen review.
(84)
'Pyrogen' means a substance or agent that tends to
cause a rise in body temperature or fever.
(85)
'Revocation' means the cancellation or withdrawal of a
license, permit, or other authorization issued by the board
either permanently or for a period specified by the board before
the person shall be eligible to apply anew. A person whose
license, permit, or other authorization has been permanently
revoked by the board shall never again be eligible for a license
or permit of any kind from the board.
(86) 'Secondary engineering control'
means a buffer area and an ante area that meet the designated
ISO classification.
(87)
'Segregated compounding area for compounding sterile
products' means a designated space:
(a)
confined to a room or a demarcated area;
(b)
restricted to preparing low-risk CSPs with a
twelve hour or less beyond-use time;
(c)
containing a device that provides unidirectional
air flow of ISO 5 air quality;
(d)
free of materials extraneous to sterile
compounding; and
(e)
not used for other activities or purposes.
(4988)
'Significant adverse drug reaction' means a
drug-related incident that may result in serious harm, injury,
or death to the patient.
(5089)
'Sterile pharmaceutical' means a dosage form devoid
of viable micro-organisms.
(90)
'Sterility test' means a process designed to determine
the presence of bacteria or fungi in or on a test device or
solution.
(5191)
'Therapeutically equivalent' means a drug product
with the same efficacy and toxicity when administered to an
individual as the originally prescribed drug as provided for in
Section 39-24-40.
(92) 'Velocity' means the displacement
air flow across the line of demarcation between a buffer area
into the ante area in a single room.
(5293)
'Wholesale distributor' means a person engaged in
wholesale distribution of prescription drugs or devices
including, but not limited to, manufacturers; repackagers;
own-label distributors; private-label distributors; jobbers;
brokers; warehouses including manufacturers' and distributors'
warehouses, chain drug warehouses, and wholesale drug
warehouses; independent wholesale drug traders; and retail
pharmacies that conduct wholesale distributions.
"Wholesale distributor" does not include:
(a)
intracompany sales, being defined as a transaction or
transfer between a division, subsidiary, parent, or affiliated
or related company under the common ownership and control of a
corporate entity;
(b)
the purchase or other acquisition by a hospital or other
health care entity that is a member of a group-purchasing
organization of a drug for its own use from the group-purchasing
organization or from other hospitals or health care entities
that are members of such organizations;
(c)
the sale, purchase, or trade of a drug or an offer to
sell, purchase, or trade a drug by a charitable organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 to a nonprofit affiliate of the organization to the extent
otherwise permitted by law;
(d)
the sale, purchase, or trade of a drug or an offer to
sell, purchase, or trade a drug among hospitals or other health
care entities that are under common control. For purposes of
this section, 'common control' means the power to direct or
cause the direction of the management and policies of a person
or an organization, whether by ownership of stock, voting
rights, by contract, or otherwise;
(e)
the sale, purchase, or trade of a drug or an offer to
sell, purchase, or trade a drug for emergency medical reasons.
For purposes of this section, 'emergency medical reasons'
includes the transfer of legend drugs by a licensed pharmacy to
another licensed pharmacy or a practitioner licensed to possess
prescription drugs to alleviate a temporary shortage, except
that the gross dollar value of the transfers may not exceed five
percent of the total legend drug sales revenue of either the
transferor or the transferee pharmacy during a consecutive
twelve-month period;
(f)
the sale, purchase, or trade of a drug, an offer to sell,
purchase, or trade a drug, or the dispensing of a drug pursuant
to a prescription; or
(g)
the sale, purchase, or trade of blood and blood components
intended for transfusion.
(94) 'Zone of
turbulence' means the pattern of flow of air from the HEPA
filter created behind an object placed within the LAFW pulling
or allowing contaminated room air into the aseptic environment.
(53)
'Revocation' means the cancellation or withdrawal
of a license, permit, or other authorization issued by the board
either permanently or for a period specified by the board before
the person shall be eligible to apply anew. A person whose
license, permit, or other authorization has been permanently
revoked by the board shall never again be eligible for a license
or permit of any kind from the board.
(54)
'Certified pharmacy technician' means an
individual who is a registered pharmacy technician and who has
completed the requirements provided for in Section
40-43-82(B)."
SECTION 2. Section
40-43-86(CC) of the 1976 Code is amended to read:
"(CC)(1) The
provisions of this subsection only apply to the compounding of
medication by pharmacies permitted in the State of South
Carolina.
(2)
The following are the minimum current good compounding
practices for the preparation of medications by pharmacists
licensed in the State for dispensing or administering, or both,
to humans or animals:
(a)
Pharmacists engaged in the
compounding of drugs shall operate in conformance with
applicable laws regulating the practice of pharmacy;
(b)
Based on the existence of a
pharmacist/patient/practitioner relationship and the
presentation of a valid prescription, or in anticipation of
prescription medication orders based on routine, regularly
observed prescribing patterns, pharmacists may compound, for an
individual patient medications that are commercially
available in the market place for which the
components are commercially available;
(c)
Pharmacists shall receive, store, or
use drug substances for compounding that meet official compendia
requirements, or of a chemical grade in one of the following
categories: chemically pure (CP), analytical reagent (AR),
American Chemical Society (ACS), or, if other than this, drug
substances that meet the accepted standard of the practice of
pharmacy;
(d)
Pharmacists may compound
drugs before receiving a valid prescription based on a history
of receiving valid prescriptions that have been generated solely
within an established pharmacist/patient/practitioner
relationship, for all such products compounded at the pharmacy
as required by the Board of Pharmacy A compounder
shall first attempt to use components manufactured in an
FDA-registered facility. When components cannot be obtained from
an FDA-registered facility, a compounder shall use his
professional judgment in selecting an acceptable and reliable
source and shall establish purity and safety by reasonable
means, to include Certificate of Analysis, manufacturer
reputation, and reliability of source.
(e)
For components that do not
have expiration dates assigned by the manufacturer or supplier,
a compounder shall label the container with the date of receipt
and assign a conservative expiration date, not to exceed three
years after receipt of the component based on the nature of the
component and its degradation mechanism, the container in which
it is packaged, and the storage conditions;
(ef)
Pharmacists may not offer compounded medications to
other pharmacies for resale; however, pharmacists may compound
products preparations based on an order
from a practitioner for use by practitioners for patient
use administration to a patient in institutional
or office settings. Compounding pharmacies/pharmacists
may advertise or otherwise promote the fact that they provide
prescription compounding services, e.g., chemicals, devices, and
information, when requested; however, they may not solicit
business by promoting to compound specific drug products, e.g.,
like a manufacturer;
(fg) The
compounding of legend drugs in anticipation of receiving
prescriptions without a historical basis or the distribution of
compounded products preparations without
a patient/practitioner/pharmacist relationship is considered
manufacturing.
(h)
Physicians who administer
compounded medications in an office or licensed ambulatory
surgical facility setting shall be allowed to order and purchase
those medications from the compounding pharmacy, store them in
the office for future use but not for resale, and administer
those medications according to their usual
physician/patient/pharmacy practice relationship. A
prescription for an individual patient for each administration
of the drug shall not be required.
(i)
Institutional pharmacies
may order and store compounded preparations, both sterile and
nonsterile, from compounding pharmacies in anticipation of
patient orders based on the existence of a
pharmacist/patient/practitioner relationship for regularly
observed prescribing patterns. A chart order from a
practitioner will be required for administration in a
institutional facility.
(3)(a)
Pharmacists engaging in compounding shall maintain
proficiency through current awareness and training. Continuing
education shall include training in the art and science of
compounding and the rules and regulations of compounding.
(b)
Pharmacy technicians may assist the pharmacist in
compounding. The pharmacist is responsible for training and
monitoring the pharmacy technician. The pharmacy technician's
duties must be consistent with the training received. The
pharmacist must perform the final check of the compound
preparation to determine if the preparation is ready to
dispense.
(c)
Personnel engaged in the compounding of medications
shall wear clean clothing appropriate to the operation being
performed. Protective apparel, such as coats, jackets,
aprons, gowns, hand or arm coverings, or masks must be
worn as necessary to protect personnel from chemical exposure
and medication or chemical contamination.
(d)
Only personnel authorized by the responsible
pharmacist may be in the immediate vicinity of the drug
compounding operation. A person shown at any time, either by
medical examination or pharmacist determination, to have an
apparent illness or open lesions that may adversely affect the
safety or quality of a drug product
preparation being compounded must be excluded from direct
contact with components, medication containers, closures,
in-process materials, and medication products
preparations until the condition is corrected or
determined by competent medical personnel not to jeopardize the
safety or quality of the products
preparations being compounded. All personnel who assist
the pharmacists in compounding procedures must be instructed to
report to the pharmacist any health conditions that may have an
adverse effect on drug products
preparations.
(4)(a)
Pharmacists engaging in compounding shall have
a specifically designated and an
adequate area (space) for the
orderly complexity level of compounding
of prescriptions that is maintained in
a good state of repair for the placement of material
and equipment. Sterile compounding must be performed in a
separate area in compliance with Section 40-43-88.
(b)
Bulk medications and other chemicals or materials
used in the compounding of medication must be stored in
adequately labeled containers in a clean, dry, and
temperature-controlled area or, if required, under proper
refrigeration.
(c)
Adequate lighting and ventilation must be provided
in all drug compounding areas. Potable water must be supplied
under continuous positive pressure in a plumbing system free of
defects that could contribute contamination to a compounded drug
product preparation. Adequate washing
facilities, easily accessible to the compounding areas of the
pharmacy, must be provided. These facilities shall include, but
are not limited to, hot and cold water, soap or detergent, and
air-dryers or single-use towels.
(d)
The area used for the compounding of drugs must be
maintained in a clean and sanitary condition. It must be free
of infestation by insects, rodents, and other vermin. Trash
must be held and disposed of in a timely and sanitary manner.
Sewage and other refuse in and from the pharmacy and immediate
medication compounding areas must be disposed of in a safe and
sanitary manner.
(e)
If sterile products
preparations are being compounded, the pharmacist shall
comply with Section 40-43-88 as applicable to the procedure.
(f)
If radiopharmaceuticals are being compounded, the
pharmacist shall comply with Section 40-43-87 as applicable to
the procedure.
(g)
If drug products with special precautions for
contamination, such as penicillin or hazardous drugs, are
involved in a compounding procedure, appropriate measures,
including either the dedication of equipment or meticulous
cleaning of contaminated equipment before its use for the
preparation of other drugs, must be utilized in order to prevent
cross-contamination.
(5)(a)
Equipment and utensils used for compounding must be
of appropriate design and capacity and stored in a manner to
protect from contamination. In addition, all equipment and
utensils must be cleaned and sanitized before use to prevent
contamination that would alter the safety or quality of the drug
product preparation beyond that desired.
The pharmacist is responsible for determining suitability for
use. In the case of sterile compounding, the pharmacist shall
comply with Section 40-43-88 as applicable to equipment and
utensils.
(b)
Automatic, mechanical, electronic, or other
equipment used in compounding must be routinely inspected,
calibrated, if necessary, or checked to ensure proper
performance.
(c)
The pharmacist shall ensure that the proper
container is selected to dispense the finished compounded
prescription, whether sterile or nonsterile.
(6)(a)
The pharmacist shall ensure
that there are formulas and logs maintained either
electronically or manually. Formulas must be comprehensive and
include ingredients, amounts, methodology, and equipment, if
needed, and special information regarding sterile compounding.
(b)
The pharmacist shall ensure that components used in
compounding are accurately weighed, measured, or subdivided as
appropriate at each stage of the compounding procedure to
conform to the formula being prepared. Any chemical transferred
to a container from the original container must be labeled with
the same information as on the original container and the date
of transfer placed on the label.
(c)
The pharmacist shall establish and conduct procedures so
as to monitor the output of compounded prescriptions, i.e.,
capsule weight variation, adequacy of mixing, clarity, pH of
solutions, and, where appropriate, procedures to prevent
microbial contamination of medications purported to be sterile.
(7)(a)
The pharmacist shall label any excess compounded
product preparation so as to reference
it to the formula used and the assigned control number and the
estimated beyond-use date based on the
pharmacist's professional judgment, appropriate
testing, or published data. In the absence
of stability information applicable to the specific compound,
the maximum BUD must be determined by:
(i)
the type of formulation,
such as nonaqueous, water containing, or topical; and
(ii)
professional judgment.
(b)
The product preparation
must be stored appropriately.
(c)
At the completion of compounding the prescription,
the pharmacist shall examine the prescription for correct
labeling.
(8)
The pharmacist shall keep records of all compounded
products preparations for a period of
time as other prescriptions as required by the Board of
Pharmacy. These records must be readily available for
authorized inspection during the retention period at the
establishment. These records are subject to duplication by
photocopying or other means of reproduction as part of the
inspection.
(9) All
significant procedures performed in the compounding area must be
covered in written policies and procedures. These procedures
must be developed for the facility, equipment, personnel,
preparation, packaging, and storage of compounded preparations
and ingredients to ensure accountability, accuracy, quality
safety, and uniformity in compounding as appropriate for the
level of compounding performed at the facility.
(10) Material Data Safety should be
readily accessible from an internet website or otherwise to all
personnel working with drug substances or bulk chemicals located
on the compounding facility premises, and personnel should be
instructed on how to retrieve needed information."
SECTION 3. Section 40-43-88 of the 1976 Code is amended to read:
"Section 40-43-88.
(A) The
purpose of this section is to provide standards for the
preparation, labeling, and distribution of sterile products by
pharmacies, pursuant to or in anticipation of a prescription
drug order for a patient in home health care.
(B)
The pharmacy shall have a separate area designated
for placement of the Class 100 laminar airflow hood, which must:
(1) be
constructed so as to allow visual observation;
(2) not be a
thruway for traffic;
(3) have
walls, floor, ceiling, and work surfaces constructed of
materials that are nonporous and do not produce particulate
matter;
(4) be
ventilated in a manner that will not interfere with the outward
flow of air from the hood;
(5) not be
used for unpacking bulk supplies;
(6) not be
used for storage of bulk supplies and materials; and
(7) have an
eye wash station and sink readily accessible to the area.
(C)(1)
All sterile pharmaceuticals must be
prepared within the airflow hood work surface.
(2) Work
surfaces of the airflow hood must be cleaned with seventy
percent isopropyl alcohol or an equivalent disinfectant every
eight-hour work shift and as needed for microbial, drug, and
particulate matter removal. This cleaning must be documented by
date, time, and initials. Documentation must be retained for
two years.
(3) The
airflow hood must be certified by a qualified technician every
twelve months and must be recertified each time the hood is
moved for operational efficiency in accordance with federal
standards. The certification must be attached to the front of
the hood and shall state the date the certification was
performed. Certification documents must be retained for two
years.
(4) The
sterile product preparation area must be cleaned and disinfected
weekly with appropriate agents according to written policy and
procedures. This must be documented by date and initials and
retained for two years.
(5)
Prefilters must be changed in accordance with
manufacturer's specifications. Changes must be documented by
date and initials and documentation must be retained for two
years.
(6) Work
surfaces inside the airflow hood must be clear of drugs,
records, labels, and equipment unrelated to work in process.
(7) All
solutions, additive and nonadditive, must be checked by a
pharmacist before dispensing. The checking pharmacist's
initials must appear on either the prescription or medical
order, the patient's profile, a compounding record, or label.
Only one system must be used. Initials may be computer produced
or stamped for solutions containing noncontrolled additives.
(8) Sterile
pharmaceuticals returned by an outpatient or the outpatient's
agent must be destroyed. Supplies and equipment designed by the
manufacturer for one time use may not be reused. Returned
sterile pharmaceuticals containing controlled substances must be
destroyed in accordance with federal and state requirements.
(9) A sink
with hot and cold running water readily accessible to the
sterile products preparation area with immediate availability of
germicidal skin cleanser and either a warm air blower or
nonshedding single-use towels for hand drying must be available
to all personnel preparing sterile pharmaceuticals.
(10) Adverse
drug reactions sustained by patients must be documented in the
patient's profile. Significant untoward reactions must be
reported to the Food and Drug Administration and the
manufacturer.
(D)(1)
Compounding shall involve aseptic
manipulations that are properly and promptly executed.
(2) Closed
system transfers must be used in compounding sterile
pharmaceuticals, except for initial withdrawals from ampules.
(a) All
container closures shall remain intact throughout the aseptic
process, except for the penetration of sterile, pyrogen-free,
and particulate matter-free needles or cannulas through the
designated stopper or port.
(b) Ancillary
devices used to facilitate the transfer, withdrawal, or delivery
of sterile solutions must be sterile, free of pyrogen and
particulate matter, and used in accordance with the
manufacturer's labeled instructions.
(3)
Compounded sterile pharmaceuticals must be stored
immediately according to published and professional guidelines.
(4)
Administration must be initiated in accordance
with stability standards.
(5) If
products are prepared from nonsterile ingredients, these
products must be appropriately sterilized before dispensing.
(E)
In addition to reference books currently required
in a pharmacy, at least one current reference on compatibility
and stability of sterile pharmaceuticals must be available.
(F)
All sterile pharmaceuticals prepared for
dispensing shall have an adhesive label affixed which shall
contain the following:
(1) name,
address, and telephone number of pharmacy for outpatients and
name of facility for inpatients;
(2) if
additive, the date solution was prepared. Nonadditive solutions
must be dated if the manufacturer's protective cover is removed
before dispensing;
(3) name of
physician;
(4) name of
patient;
(5) room
number and bed of patient, if applicable;
(6) serial
number of prescription or other identifying number;
(7) if
additive solution, the name and amount of additive. If
additives are identified by their generic name, the manufacturer
must be identified on either the prescription, the patient's
profile, or compounding record;
(8) name of
basic solution;
(9) name or
initials of individual preparing sterile pharmaceutical on
either the prescription or medical order, the patient's profile,
compounding record, or label. For solutions containing
noncontrolled additives, the initials may be imprinted;
(10)
expiration date and, if applicable, the expiration
time of the solution in accordance with the manufacturer's
specifications or research-supported standard of practice;
(11)
frequency and rate of administration;
(12)
precautionary statements, auxiliary labels, or
warning labels in keeping with current standards or practice;
(13) special
handling or storage requirements, or both;
(G)
There must be a system for a pharmacist to be
available twenty-four hours a day for a patient, nursing agency,
or physician to which the pharmacy is providing services.
(H)
A profile or medical record must be maintained for
each patient. This profile must be maintained for two years
after the last dispensing activity. It shall contain at a
minimum:
(1) patient's
name, address, telephone number and, if applicable, the
patient's bed or room number;
(2) age or
date of birth, weight, height, and sex of patient;
(3) identity
of the health care agency, if applicable;
(4)
itemization of sterile pharmaceuticals dispensed
with prescription number or other identifying number, including
date dispensed and the name and amount of additives;
(5) drug and
food allergies;
(6) primary
diagnosis;
(7)
prescription and nonprescription drugs and home
remedies the patient is receiving; and
(8)
documentation by a pharmacist of the resolution of
other potential drug related problems.
(I)(1)
All cytotoxic solutions must be compounded
in a Class II, biological safety cabinet. No other products may
be compounded in this cabinet.
(2)
Protective apparel must be worn by personnel
compounding cytotoxic agents including gloves, closed front
gowns with tight cuffs, and masks. Written procedures for
handling spills of cytotoxic agents must be developed.
(3) There
must be immediate access to emergency spill supplies wherever
cytotoxic drugs are prepared.
(4) Prepared
solutions must be identified with warning labels in accordance
with state and federal requirements.
(5) Prepared
solutions must be packaged for handling and delivery in a manner
that minimizes the risk of rupture of the primary container and
ensures the stability and potency of the solution.
(6)
Documentation that personnel have been trained in
the compounding, handling, and destruction of cytotoxic agents
must be available. This documentation must be obtained
annually.
(7)
Documentation that personnel have been informed of
the carcinogenic, mutagenic, and teratogenic nature of the
cytotoxic agents handled must be available. This documentation
must be updated annually by all personnel.
(8) Class II
safety cabinets must be certified by a qualified technician
every twelve months and must be recertified each time the hood
is moved for operational efficiency. Earlier recertification
may be required if dictated by federal or state requirements or
manufacturer's specifications due to workload.
(J)
All waste materials must be disposed of in
accordance with federal, state, and local requirements.
(K)
A policy and procedure manual must be available in
the pharmacy. The manual shall include policies and procedures
as applicable for the following:
(1) quality
control;
(2) sterile
technique;
(3)
destruction of returned solutions;
(4) labeling
of injectable solutions;
(5) drug
recall procedures;
(6)
investigational drugs;
(7) handling
and disposal of hazardous waste;
(8) cytotoxic
agents;
(9)
maintenance of patient profiles; and
(10) material
safety data sheets.
(L)
When sterile pharmaceuticals are provided to home
care patients, the dispensing pharmacy may supply a nurse with
emergency drugs if a physician has authorized the use of these
drugs by a protocol or prescription drug order for use in an
emergency situation, e.g., anaphylactic shock.
(M)
A licensed health care professional may possess
noncontrolled prescribed legend drugs or devices such as water
for injection, normal saline for IV, and heparin flush used in
the administration of sterile pharmaceuticals.
(N)
If appropriate, the pharmacist shall demonstrate
or document the patient's training and competency in managing
therapy provided by the pharmacist to the patient in the home
environment. A pharmacist must be involved in the patient
training process in any area that relates to drug compounding,
labeling, administration, storage, stability, compatibility, or
disposal. The pharmacist is responsible for seeing that the
patient's competency in the above areas is reassessed on an
ongoing basis.
(O)
There must be a documented, ongoing, quality
assurance control program that monitors patient care and
pharmacy care outcomes, including but not limited to:
(1) routine
performance of prospective drug use review and patient
monitoring functions by a pharmacist;
(2)
patient-monitoring plans that include written
outcome measures and systems for routine patient assessment
including, but not limited to, infection rates,
rehospitalization rates, and the incidence of adverse drug
reactions;
(3)
documentation of patient training as specified in
subsection (N);
(4)
appropriate collaboration with other health care
professionals. (A) The
purpose of this section is to provide standards for the
preparation, labeling, storing, dispensing and distribution of
sterile preparations by pharmacies and other facilities
permitted by the board.
(B)
Compounded sterile preparation (CSP) microbial
contamination risk level is assigned according to the
corresponding probability of contamination.
(1)
A low-risk level CSP is compounded under the
following conditions:
(a)
The CSP must be compounded with aseptic
manipulations entirely within ISO Class 5 or better air quality
using only sterile ingredients, products, components, and
devices with the exception of radiopharmaceuticals as stated in
Section 40-43-87.
(b)
The compounding only may involve transfer,
measuring, and mixing manipulations using not more than three
commercially manufactured packages of sterile products and not
more than two entries into one sterile container or package of
sterile product or administration container or device to prepare
the CSP.
(c)
For a low-risk level preparation, in the absence
of passing a sterility test or process validation, the storage
periods should not exceed the following time periods before
administration and with proper storage:
(i)
not more than forty-eight
hours at controlled room temperature;
(ii)
not more than fourteen days at a cold
temperature; and
(iii)
not more than forty-five days in solid
frozen state.
(2)
A low-risk level CSP prepared in a PEC and that
cannot be located within an ISO Class 7 or better buffer area
requires a twelve hour or less BUD. A low-risk level CSP with a
BUD of twelve hours or less must meet the following
criteria:
(a)
PECs must be certified and maintain ISO Class 5
for exposure to critical sites and must be in a segregated
compounding area restricted to sterile compounding activities
that minimize the risk of CSP contamination.
(b)
The segregated compounding area must not be in a
location that has unsealed windows or doors that connect to the
outdoors or high traffic flow, or that is adjacent to
construction sites, warehouses, or food preparation.
(c)
Personnel shall follow all procedures outlined
in subsection (F) prior to compounding. A sink may not be
located adjacent to the ISO Class 5 PEC and must be separated
from the immediate area of the ISO Class 5 PEC device.
(d)
The specifications for cleaning and disinfecting
the sterile compounding area, personnel training and
responsibilities, aseptic procedures, and air sampling must be
followed as described in subsection (F).
(3)
A medium-risk level CSP occurs under low-risk
conditions when one or more of the following conditions
exist:
(a)
Multiple individual or small doses of sterile
products are combined or pooled to prepare CSPs that will be
administered either to multiple patients or to one patient on
multiple occasions.
(b)
The compounding process includes complex aseptic
manipulations other than the single-volume transfer.
(c)
The compounding process requires unusually long
duration, such as that required to complete dissolution or
homogeneous mixing.
(d)
In the absence of passing a sterility test or
process validation, the storage periods should not exceed the
following time periods before administration and with proper
storage:
(i)
not more than thirty hours
at controlled room temperature;
(ii)
not more than nine days at a cold temperature;
and
(iii)
not more than forty-five days in solid
frozen state.
(4)
A CSP is considered high-risk if it is
compounded under the following conditions due to contamination
or high risk of becoming contaminated:
(a)
Nonsterile ingredients and products are
incorporated or a nonsterile device is employed before terminal
sterilization.
(b)
Any of the following are exposed to air quality
worse than ISO Class 5 for more than one hour:
(i)
sterile contents of
commercially manufactured products;
(ii)
CSPs that lack effective antimicrobial
preservatives; and
(iii)
sterile surfaces of devices and
containers for the preparation, transfer, sterilization, and
packaging of CSPs.
(c)
Presterilization procedures for high-risk level
CSP, such as weighing and mixing, are completed in an ISO Class
8 or better environment.
(d)
Preparations are appropriately sterilized before
dispensing.
(e)
For a high-risk level preparation, in the
absence of passing a sterility test or process validation, the
storage periods should not exceed the following time periods
before administration and with proper storage:
(i)
not more than twenty four
hours at controlled room temperature;
(ii)
not more than three days at a cold temperature;
and
(iii)
not more than forty five days in solid
frozen state.
(5)
The immediate-use CSP provision stated here only
may be used for situations where a need for emergency or
immediate patient administration of a CSP exists. An
immediate-use preparation may not include a medium-risk level or
a high-risk level CSP. An immediate-use CSP is exempt from the
requirements described in subection (B)(1) if:
(a)
The compounding process involves simple transfer
of commercially manufactured packages of sterile nonhazardous
products or diagnostic radiopharmaceutical products from the
manufacturers' original containers into any one container or
package of sterile infusion solution or administration container
or device.
(b)
The compounding procedure is a continuous
process not to exceed one hour unless otherwise required for
preparation.
(c)
During preparation, aseptic technique is
followed and, if not immediately administered, the finished CSP
is under continuous supervision to minimize the potential for
contact with nonsterile surfaces, introduction of particulate
matter or biological fluids, mix-ups with other CSPs, and direct
contact of outside surfaces.
(d)
Administration begins not later than one hour
following the start of the preparation of the CSP.
(e)
Unless immediately and completely administered
by the person who prepared it or immediate and complete
administration is witnessed by the preparer, the CSP must bear a
label listing the patient identification information, the names
and amounts of all ingredients, the name or initials of the
person who prepared the CSP, and the exact one hour BUD and
time.
(f)
If administration has not begun within one hour
following the start of preparing the CSP, the CSP must be
discarded.
(C) The
compounding area of the facility must meet the facility
requirements relative to the risk level of preparations they
prepare.
(1)
Facility design and environmental control must
be designed to minimize airborne contamination from contacting
critical sites.
(a)
A PEC must maintain ISO Class 5 or better
conditions while compounding.
(b)
The PEC HEPA-filtered air must be supplied in
critical areas at a velocity sufficient to sweep particles away
from the compounding area.
(2)
The buffer area must maintain at least ISO Class
7 conditions under dynamic operating conditions.
(a)
The room must be segregated from surrounding,
unclassified spaces to reduce the risk of contaminants being
blown, dragged, or otherwise introduced into the HEPA-filtered
airflow environment.
(b)
For buffer areas not physically separated from
the ante areas, the principle of displacement airflow must be
employed. The displacement concept shall not be used for
high-risk compounding.
(c)
The PEC must be placed out of the traffic flow
in a manner to avoid conditions that could adversely affect
their operation.
(d)
Cleaning materials must be nonshedding and
dedicated for use only in the sterile compounding area.
(e)
Only the furniture, equipment, supplies, and
other material required for the compounding activities to be
performed may be brought into the buffer area, and they must be
nonpermeable, nonshedding, cleanable, and resistant to
disinfectants. They must be cleaned, then disinfected before
brought into the area.
(f)
The surfaces of ceilings, walls, floors,
fixtures, shelving, counters, and cabinets in the buffer area
must be smooth, impervious, and nonshedding in order to promote
cleanliness.
(g)
The buffer area shall not contain sources of
water or floor drains with the exception of emergency safety
devices.
(3)
An ISO Class 7 buffer area and ante area
supplied with HEPA-filtered air must have air changes per hour
(ACPH) of not less than thirty.
(4)
HEPA-filtered supply air should be introduced at
the ceiling and returns must be mounted low on the wall,
creating a general top-down dilution of area air.
(5)
The floors in the clean and ante areas are
cleaned by sweeping and mopping on each day of operation when no
aseptic operations are in progress.
(6)
The environment for compounding must contain an
ante area that is ISO Class 8 quality air or better. Areas
participating in high risk compounding must have a separate ante
area. Supplies and equipment must be removed from shipping
cartons outside of the ante area, and must be wiped with a
sanitizing agent before being transported to the clean room.
(7)
Placement of a PEC must be based on the
following:
(a)
a LAFW, BSC, CAI, and CACI only may be located
within a restricted access ISO Class 7 buffer area; and
(b)
a CAI and CACI only may be placed in an ISO
Class 7 buffer area unless the isolator maintains ISO Class 5
during dynamic operating conditions.
(8)
The buffer area designated for placement of the
ISO Class 5 PEC must be constructed to allow visual
observation.
(9)
The buffer area may not be used for storage of
bulk supplies and materials.
(10)
Maintain areas at temperatures and humidity
levels to ensure the integrity of the drugs prior to their
dispensing as stipulated by the USP/NF or the labeling of the
manufacturer or distributor, or both.
(11)
A sink with hot and cold running water readily
accessible to the sterile preparations preparation area with
immediate availability of germicidal skin cleanser and either an
air blower or nonshedding single-use towels for hand drying must
be available to all personnel preparing sterile
pharmaceuticals.
(D)
Environmental quality and control practices
include:
(1)
Giving the highest priority in a sterile
compounding practice to the protection of critical sites by
precluding physical contact and airborne contamination.
(2)
Performing viable and nonviable environmental
air sampling testing every six months as part of a comprehensive
quality management program and:
(a)
as part of the commissioning and certification
of new facilities and equipment;
(b)
as part of the recertification of facilities and
equipment; or
(c)
in response to identified problems with the
sterility of end preparations.
(3)
Engineering control performance verification
procedures must be performed by a qualified individual no less
than every six months and when the device or room is relocated
or altered. Certification documents must be retained for two
years.
(4)
Certification that each ISO classified area is
within established guidelines for total particle counts must be
performed no less than every six months and whenever the LAFW,
BSC, CAI, or CACI is relocated or the physical structure of the
buffer area or ante area has been altered. Testing must be
performed by qualified operators.
(5)
All certification records must be maintained and
reviewed by pharmacy personnel to ensure that the controlled
environments are in compliance.
(6)
A pressure gauge or velocity meter must be
installed to monitor the pressure differential or airflow
between the buffer area and the ante area and between the ante
area and the general environment outside the compounding area.
(a)
The pressure between the positive ISO Class 7 or
better buffer area, the ante area, and the general pharmacy area
may not be less than a 0.02 inch water column.
(b)
The pressure between the negative ISO Class 7 or
better buffer area, the ante area, and the general pharmacy area
may not be less than a -0.01inch water column. For negative
pressure buffer areas, the ante area must be ISO Class 7 or
better.
(c)
The results must be reviewed and documented on a
log maintained either electronically or manually at least every
work shift or by a continuous recording device.
(7)
An appropriate facility specific environmental
sampling procedure must be followed for airborne viable
particles based on a risk assessment of compounding activities
performed.
(a)
The documentation must include sample location,
method of collection, volume of air sampled, time of day and
action levels.
(b)
Evaluation of airborne microorganisms using
volumetric collection methods in the controlled air
environments, including LAFWs, CAIs, clean room or buffer areas,
and ante areas, must be performed by properly trained
individuals for all compounding risk levels. Impaction is the
preferred method of volumetric air sampling.
(c)
For all compounding risk levels, air sampling
must be performed at locations prone to contamination during
compounding activities and during other activities such as
staging, labeling, gowning, and cleaning. Locations must include
zones of air backwash turbulence within LAFW and other areas
where air backwash turbulence may enter the compounding
area.
(d)
Corrective actions must be taken when CFU counts
for each ISO classification are exceeded, or when microorganisms
are identified that are potentially harmful to patients
receiving CSPs.
(E)(1)
All hazardous CSPs must be compounded and prepared in
an ISO Class 5 environment in a BSC or CACI with the exception
of radiopharmaceuticals as stated in Section 40-43-87. Hazardous
drugs may not be prepared in a laminar airflow workbench or a
compounding aseptic isolator.
(2)
Appropriate personal protective equipment must
be worn by personnel compounding hazardous agents.
(3)
Written procedures for disposal and handling
spills of hazardous agents must be developed.
(4)
There must be immediate access to emergency
spill supplies wherever hazardous drugs are prepared.
(5)
A hazardous CSP must be identified with warning
labels in accordance with state and federal requirements.
(6)
A hazardous CSP must be packaged for handling
and delivery in a manner that minimizes the risk of rupture of
the primary container and ensures the stability, sterility, and
potency of the solution.
(7)
A hazardous drug must be handled with caution at
all times during receiving, distribution, stocking,
inventorying, preparation for administration, and disposal.
(8)
Documentation that personnel have been trained
in the compounding, handling, and disposal of hazardous agents
must be available. This documentation must be updated annually.
The training must include the following if applicable:
(a)
safe aseptic manipulation practices;
(b)
negative pressure techniques when utilizing a
BSC or CACI;
(c)
correct use of CSTD devices;
(d)
containment, cleanup and disposal procedures for
breakages and spills; and
(e)
treatment of personnel contact and inhalation
exposure.
(F)
Policies and procedures must be developed and
implemented for the pharmacy. These policies and procedures must
include the following as applicable:
(1)
annual training and evaluation of sterile
compounding personnel to include skills observation of
antiseptic hand cleansing, other personnel cleansing, media-fill
challenge, glove fingertip testing, cleaning of compounding
environment, donning protective garb, maintaining or achieving
sterility of CSPs;
(2)
semi-annual media-fill test representative of
high risk compounding must be performed by all personnel
authorized to prepare high risk CSPs;
(3)
cleaning and disinfecting of the sterile
compounding areas and devices with supporting documentation;
(4)
ensuring identity, quality, and purity of
ingredients;
(5)
sterilization methods for High Risk CSPs;
(6)
establishment of appropriate storage
requirements and BUDs;
(7)
measuring, mixing, dilution, purification,
packaging, and labeling;
(8)
unpackaging and introducing supplies into the
sterile compounding environment;
(9)
compounding activities that require the
manipulation and disposal of a hazardous material;
(10)
expiration dating of single dose and multiple
dose containers;
(11)
quality control and quality assurance of CSP
processes;
(12)
material safety data sheets;
(13)
use of investigational drugs;
(14)
written procedures outlining required equipment
calibration, maintenance, monitoring for proper function, and
controlled procedures for use of the equipment and specified
time frames for these activities must be established and
followed. Results from the equipment calibration, semi-annual
certification reports, and routine maintenance must be kept on
file for two years;
(15)
patient training and competency in managing
therapy in the home environment;
(16)
safety measures to ensure accuracy of CSPs;
and
(17)
compounding logs for nonpatient specific
CSPs.
(G)
Compounding personnel:
(1)
may not introduce food or drinks, into the ante
areas, buffer areas, or segregated compounding areas; and
(2)
shall ensure that all CSPs are checked by a
pharmacist before dispensing.
(H) In
addition to references currently required in a pharmacy, at
least one current reference on compatibility and stability of
sterile pharmaceuticals must be available.
(I) All
sterile pharmaceuticals prepared for dispensing must be labeled
in accordance with Section 40-43-86 and include:
(1)
name, address, and telephone number of pharmacy
for outpatients and name of facility for inpatients;
(2)
dating of a nonadditive solution if the
manufacturer's protective cover, if applicable, is removed
before dispensing;
(3)
name of prescribing physician;
(4)
room number and bed of patient, if applicable;
and
(5)
special handling, storage requirements, or
both.
(J) Bulk
or unformulated drug substances and added substances or
excipients must be stored in tightly closed containers under
temperature, humidity, and lighting conditions that are either
indicated in official monographs or approved by suppliers. The
date of receipt by the compounding facility must be clearly and
indelibly marked on each package of ingredient. After receipt by
the compounding facility, packages of ingredients that lack a
supplier's expiration date cannot be used after one year unless
either appropriate inspection or testing indicates that the
ingredient has retained its purity and quality for use in
CSPs.
(K) When
sterile pharmaceuticals are provided to home care patients, the
dispensing pharmacy may supply a nurse with emergency drugs if a
physician has authorized the use of these drugs by a protocol or
prescription drug order for use in an emergency situation, such
as anaphylactic shock.
(L) A
licensed health care professional may possess noncontrolled
legend drugs or devices such as water for injection, normal
saline for an IV, and heparin flushes to facilitate in the
administration of prescribed CSPs.
(M) There
must be a system that requires an institutional or home infusion
pharmacist to be available twenty-four hours a day for a
patient, nursing agency, or physician to which the pharmacy is
providing services."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.