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Legislative Year: 2021 Change

Bill Detail: SB21-094

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Title Sunset Continue State Board Of Pharmacy
Status Governor Signed (06/24/2021)
Bill Subjects
  • Health Care & Health Insurance
  • Professions & Occupations
House Sponsors D. Roberts (D)
D. Ortiz (D)
Senate Sponsors J. Ginal (D)
F. Winter (D)
House Committee Health and Insurance
Senate Committee Health and Human Services
Date Introduced 02/17/2021

Sunset Process - Senate Health and Human Services

Committee. The bill implements recommendations of the department of
regulatory agencies in its sunset review of and report on the state board
of pharmacy (board) and its regulation of the practice of pharmacy and
makes other modifications to the laws regulating the practice.
  • Sections 1 and 2 of the bill continue the board and its
functions for 9 years, until 2030, and consolidate within the
sunset review the board's functions regarding the regulation
of therapeutic interchange and therapeutically equivalent
selections and of collaborative pharmacy practice
  • Sections 3, 9, 10, 11, 18, 20, and 25 to 29 align the
pharmacy practice act with the federal Drug Quality and
Security Act;
  • Section 3 also:
  • Clarifies that an out-of-state pharmacy need not
register with the board when distributing
prescription drugs to in-state pharmacies under
common ownership with the out-of-state pharmacy
if the drugs remain in the original manufacturer's
packaging and are not compounded and the transfer
is necessary to address an inventory shortage;
  • Excludes from the definition of compounding
activities such as repackaging or tablet splitting a
drug or adding standard flavoring to oral liquid
  • Includes in the definition of other outlet a
community mental health clinic and a facility
operating a licensed substance use disorder
treatment program, thereby allowing those facilities
to register with the board and operate as a pharmacy
  • Repeals the term pharmaceutical care and replaces
it with pharmacist care services to reflect the
services pharmacists provide in addition to
compounding and dispensing drugs;
  • Adds functions to the scope of practice of a
pharmacy technician, such as documenting medical
history and replenishing automated dispensing
devices; and
  • Adds functions to the scope of practice of a
pharmacist, such as prescribing drugs for limited
conditions, ordering and evaluating laboratory tests,
and performing limited physical assessments;
  • Section 4 specifies that, of the pharmacist members of the
board, one must be practicing in a hospital setting, one
must be practicing in a chain pharmacy, and one must be
practicing in an independent pharmacy;
  • Section 5 repeals the requirement that the board justify its
reasons for deviating from a recommendation from the
veterinary pharmaceutical advisory committee;
  • Sections 5, 6, 21 to 25, and 36 make technical
amendments to the pharmacy practice act, such as
eliminating references to diversion in the peer health
assistance program and correcting erroneous references to
wholesalers as licensed rather than registered;
  • Section 6 grants the board authority, after conducting a
risk-based assessment, to inspect out-of-state pharmacies,
out-of-state wholesalers, and nonresident 503B outsourcing
facilities and requires the board to send quarterly electronic
newsletters to pharmacists regarding updates in the law that
affect the practice;
  • Sections 7, 16, and 33 to 35 require pharmacists and
pharmacies, as well as insurance companies that underwrite
professional liability insurance for pharmacists and
pharmacies, to report malpractice settlements and
judgments to the board;
  • Section 8 specifies tasks that a pharmacist may delegate to
ancillary pharmacy personnel under the pharmacist's
  • Section 10 increases the amount of medication that may be
dispensed to an emergency room patient from a 24-hour
supply to a 72-hour supply and allows a hospital to
dispense a prescription drug to a hospitalized patient who
leaves the hospital on a day pass;
  • Sections 3, 12, and 32 authorize pharmacists to prescribe
opiate antagonists;
  • Sections 3 and 13 repeal the requirement that the label on
an anabolic steroid prescription indicate the purpose for
which the prescription was written;
  • Sections 3 and 14 authorize a pharmacist, under specified
circumstances, to substitute a drug in the same therapeutic
class as the prescribed drug or a biological product that is
a biosimilar to the prescribed biological product;
  • Section 15 authorizes pharmacists to make specified types
of minor adaptions to prescriptions;
  • Section 16 specifies that a licensee, certificant, or
registrant may be disciplined for habitual or excessive use
or abuse of alcohol, habit-forming drugs, or controlled
substances, but not for having a substance use disorder;
  • Section 17 eliminates the requirement that the board send
letters of admonition by certified mail;
  • Section 19 directs the board to adopt rules regarding
electronic storage of pharmacy records;
  • Section 20 requires a pharmacist to provide patient
counseling in new medication therapy and authorizes a
pharmacist, in the pharmacist's professional judgment, to
provide patient counseling for any other prescription; and
  • Sections 30 and 31 allow a pharmacy technician to register
with and access, on behalf of a pharmacist supervising the
pharmacy technician, the prescription drug monitoring

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/05/2021) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
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