Reference is to Printer's Date 05/19/16-S.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 44-130-40 of the 1976 Code, as added by Act 54 of 2015, is amended to read:
"Section 44-130-40.
(A) A pharmacist acting in good faith and exercising
reasonable care as a pharmacist may dispense an opioid antidote
pursuant to a written prescription or standing order by a
prescriber.
(B)(1) A
pharmacist acting in good faith and exercising reasonable care
as a pharmacist may dispense an opioid antidote pursuant to a
written joint protocol issued by the Board of Medical Examiners
and the Board of Pharmacy.
(2)
Not later than six months after passage of this
act, the Board of Medical Examiners and the Board of Pharmacy
must issue a written joint protocol to authorize a pharmacist to
dispense an opioid antidote without a patient-specific written
order or prescription to a person at risk of experiencing an
opioid-related overdose or to a caregiver of such a person.
(3)
The protocol must address, at a minimum, the
following:
(a)
the information that the pharmacist must provide
to a person at risk or to a caregiver including, but not limited
to, the information required by Section 44-130-30(B)(1);
(b)
the documentation that the pharmacist must
maintain regarding the dispensing of the opioid antidote and
confirming that the required information was provided to the
person at risk or to the caregiver;
(c)
notification of the person's designated
physician or primary care provider that an opioid antidote has
been dispensed to that person;
(d)
any education or training requirements that the
Board of Medical Examiners and the Board of Pharmacy determine
to be necessary for a pharmacist to dispense an opioid antidote
pursuant to the joint protocol;
(e)
guidelines for determining whether an individual
is in a position to assist another individual during an overdose
and thus may function as a caregiver; and
(f)
any other provisions determined by the Board of
the Medical Examiners and the Board of Pharmacy to be necessary
or appropriate for inclusion in the protocol, including any
reporting requirements.
(4)
A pharmacist may not delegate the dispensing of
an opioid antidote pursuant to this subsection to a pharmacy
intern or a pharmacy technician.
(5)(a)
All records required by this subsection
must be maintained in the pharmacy for a period of at least ten
years from the date that the opioid antidote was last dispensed.
(b)
All documentation, records, and copies required
by this subsection may be stored electronically.
(6)
A pharmacist dispensing an opioid antidote
pursuant to this subsection must maintain a current copy of the
protocol at the pharmacy where the opioid antidote is
dispensed.
(7)
The Board of Medical Examiners and the Board of
Pharmacy may appoint an advisory committee of healthcare
professionals licensed in this State to advise and assist in the
development of the joint protocol for their consideration.
(8)
For purposes of this subsection, 'caregiver'
means a person who is not at risk of an opioid overdose but who,
in the judgment of the pharmacist, may be in a position to
assist another individual during an overdose and who has
received patient overdose information as required by the joint
protocol.
(C) A pharmacist
dispensing an opioid antidote in accordance with the provisions
of this section is not as a result of an act or omission subject
to civil or criminal liability or to professional disciplinary
action."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.