Bill Summary for H 96 (2021-2022)

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Summary date: 

Jun 16 2021

Bill Information:

View NCGA Bill Details2021
House Bill 96 (Public) Filed Tuesday, February 16, 2021
AN ACT TO AUTHORIZE IMMUNIZING PHARMACISTS TO DISPENSE, DELIVER, AND ADMINISTER CERTAIN TREATMENT AND MEDICATIONS AND TO REQUIRE PARENTAL CONSENT FOR ADMINISTRATION OF VACCINES UNDER AN EMERGENCY USE AUTHORIZATION TO A MINOR.
Intro. by Sasser, Setzer, White, Adcock.

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Bill summary

Senate committee substitute deletes the content of the 2nd edition and replaces it with the following.

Includes whereas clauses. 

Adds to the authorities granted to immunizing pharmacists under GS 90-85.15B as follows. Authorizes the administration of vaccinations approved by the FDA in accordance with the protocols established by the Advisory Committee on Immunization Practices to persons at least six years old pursuant to a specific prescription order initiated by a prescriber following a physical exam of the patient by the prescriber (currently limited to administration of flu vaccines). Enacts new subsection (c2), listing five categories of medications an immunizing pharmacist can order, dispense, deliver, or administer, including FDA-approved nicotine replacement therapy, self-administered or transdermal contraceptives subject to specified requirements and limitations, and post-exposure prophylaxis medications for the prevention of human immunodeficiency virus. Enacts new subsection (c3), allowing an immunizing pharmacist to administer to a patient any described, self-administered injectable medication. Enacts new subsection (d1), establishing requirements for immunizing pharmacists who order, dispense, deliver, or administer a medication listed in new subsection (c2) to a patient, including maintaining a record of medication administered to the patient; notifying any PCP identified by the patient within 72 hours after administration, or if none identified, furnishing information regarding PCPs; furnishing patient records to the patient upon request; furnishing patient records to the PCP identified by the patient upon request by the PCP; and counseling the patient about preventative care if hormonal contraceptives were administered or dispensed. Enacts new subsection (e), conditioning the immunizing pharmacist's authority under new subsection (c2) upon the NC Medical Board and the NC Board of Pharmacy (Boards) having adopted jointly developed rules governing the approval of the individual immunizing pharmacist to order, dispense, deliver, or administer the mediations with limitations determined by the Boards to be in the best interest of patient health and safety; the immunizing pharmacist's current approval from both Boards; and the immunizing pharmacist's provision of contact information of the pharmacy and the pharmacist on any communication with a prescriber. Applies to immunizing pharmacists, pharmacy technicians, and pharmacy interns on or after February 1, 2022. 

Further amends GS 90-85.15B, amending subsection (c1) to allow immunizing pharmacists to administer long-acting injectable medications, specifically including testosterone injections and vitamin B12, to persons 18 or older pursuant to a specific prescription order initiated by a prescriber following an exam of the patient that conforms to the standards of acceptable and prevailing medical practice by the prescriber (was, following a physical exam of the patient by the prescriber). Adds to the requirements of the immunizing pharmacist administering such medications the requirement to notify the prescriber of the medication if the medication was not administered to the patient within 72 hours of receipt of the specific prescription. Effective October 1, 2021.

Further amends GS 90-85.15B, enacting new subsection (b1) to allow immunizing pharmacists, and pharmacy interns and pharmacy technicians under the supervision of an immunizing pharmacist if related continuing pharmacy education requirements are met, to administer the flu vaccine, FDA-approved COVID-19 vaccines, and COVID-19 vaccines authorized under an emergency use authorization by the FDA to persons 10 or older. Also authorizes immunizing pharmacists to administer the flu vaccine, FDA-approved COVID-19 vaccines, and COVID-19 vaccines authorized under an emergency use authorization by the FDA to persons 6 or older pursuant to a specific prescription order initiated by a prescriber following a physical exam of the patient by the prescriber. Effective September 1, 2021.

Directs the Boards' joint subcommittee to develop statewide written protocols and amend existing rules and protocols to encompass the new authorized treatments and practices as authorized by the act and to develop a statement of ethics for immunizing pharmacists. Directs the Boards' joint subcommittee to adopt rules to govern the administration of vaccines by pharmacy technicians as authorized by the act. Effective October 1, 2021.

Directs the State Health Director to issue a standing order authorizing immunizing pharmacists to dispense, deliver, and administer medication described in GS 90-85.15B(c2), as enacted, which remains in effect until the later of the development of the statewide protocols or January 1, 2023.

Changes the act's long title.