HCS HB 545 & 590 -- PRACTICE OF PHARMACY

SPONSOR:  Tilley (Wasson)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 8 to 0.

This substitute revises the definition of "practice of pharmacy"
to include the implementation of medical or veterinary
prescription orders and authorizes the design and implementation
of a medication therapeutic plan defined by a specific
prescription order.  Physician protocols referring to the patient
are required and will not come from a nurse under a collaborative
agreement with a physician.

Health carriers are prohibited from requiring any physician with
whom they contract to enter into a written protocol with a
pharmacist for medication therapeutic services.  The State Board
of Registration for the Healing Arts and the State Board of
Pharmacy are authorized to promulgate rules regulating
prescription orders for medication therapy services.

The substitute prohibits any person other than the patient or the
patient's authorized representative from accepting a dispensed
prescription order unless that person is on the premises of a
pharmacy.

The State Board of Pharmacy may establish the Well-being
Committee to aid pharmacists who suffer from illness, substance
abuse, mental illness, or physical impairments.  The board will
enter into contractual agreements with nonprofit corporations for
the purpose of creating, supporting, and maintaining the
committee.  All communications involving the licensee and the
committee are confidential and not considered public records.

The committee may disclose information about an impaired licensee
when it is necessary to further the intervention, treatment, or
rehabilitation of the licensee; the release is authorized by the
licensee; the committee must make a report to the board; or the
information is subject to a court order.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2008, FY
2009, and FY 2010.  Estimated Effect on Other State Funds of a
cost of $19,899 in FY 2008, an income of $4,837 in FY 2009, and a
cost of $1,273 in FY 2010.

PROPONENTS:  Supporters say that the bill allows physicians to
enter into an agreement with pharmacists to develop a
collaborative treatment called medication therapy management for
patients.  Pharmacists will be able to take an expanded role in
the chronic disease control program administered by the
Department of Social Services.  Pharmacists will have no
diagnostic authority, but rather implement a written treatment
protocol from a physician.

Testifying for HB 545 were Representative Wasson; Missouri
Pharmacy Association; and Terry Seaton, Missouri Pharmacists
Association.  Testifying for HB 590 was Representative Tilley.

OPPONENTS:  Those who oppose the bill say that it allows
pharmacists to practice medicine without a license.  Patients
will be endangered due to pharmacists not being able to
differentiate between a symptom of a new ailment and a side
effect of a new medication.

Testifying against HB 545 was Missouri State Medical Association.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am