Senate Bill 2622

AN ACT TO REQUIRE THE BOARD OF PHARMACY, IN CONSULTATION WITH THE BOARD OF MEDICAL LICENSURE AND THE STATE DEPARTMENT OF HEALTH, TO ADOPT RULES IDENTIFYING THE MINOR, NONCHRONIC HEALTH CONDITIONS FOR WHICH A PHARMACIST MAY TEST OR SCREEN FOR AND TREAT; TO MANDATE CERTAIN STANDARDS FOR A PHARMACIST WHO TESTS OR SCREENS FOR AND TREATS MINOR, NONCHRONIC HEALTH CONDITIONS; TO REQUIRE THE BOARD OF PHARMACY TO ADOPT A FORMULARY OF MEDICINAL DRUGS THAT A PHARMACIST MAY PRESCRIBE FOR THE MINOR, NONCHRONIC HEALTH CONDITIONS; TO AUTHORIZE A PHARMACIST TO USE ANY TESTS THAT MAY GUIDE DIAGNOSIS OR CLINICAL DECISION-MAKING WHICH THE CENTERS FOR MEDICARE AND MEDICAID SERVICES HAS DETERMINED QUALIFIES FOR A WAIVER; TO REQUIRE A PHARMACIST TO ONLY PROVIDE SUCH SERVICES WITHIN THE FRAMEWORK OF AN ESTABLISHED WRITTEN PROTOCOL WITH A SUPERVISING DOCTOR; TO REQUIRE A SUPERVISING DOCTOR TO REVIEW THE PHARMACIST'S ACTIONS IN ACCORDANCE WITH THE PROTOCOL; TO REQUIRE A PHARMACIST TO COMPLETE A CONTINUING EDUCATION COURSE APPROVED BY THE BOARD OF PHARMACY ADDRESSING ISSUES RELATED TO MINOR, NONCHRONIC HEALTH CONDITIONS PRIOR TO EACH LICENSURE RENEWAL; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) The Board of Pharmacy, in consultation with the Board of Medical Licensure and the State Department of Health, shall adopt rules identifying the minor, nonchronic health conditions for which a pharmacist may test or screen for and treat.

(b) For purposes of this section, a minor, nonchronic health condition is a short-term condition that is generally managed with minimal treatment or self-care, including, but not limited to, the following:

(i) Influenza;

(ii) Streptococcus;

(iii) Lice;

(iv) Skin conditions, such as ringworm, athlete's foot and others; and

(v) Minor, uncomplicated infections.

(2) A pharmacist who tests or screens for and treats minor, nonchronic health conditions under this section must:

(a) Have an active, unencumbered license to practice pharmacy in this state;

(b) Complete an initial appropriate education course approved by the Board of Pharmacy;

(c) Maintain at least Two Hundred Fifty Thousand Dollars ($250,000.00) of liability coverage or be covered by an employer's liability insurance in an equivalent amount;

(d) Report a diagnosis or suspected existence of a disease of public health significance to the State Department of Health pursuant to the Mississippi State Department of Health List of Reportable Diseases and Conditions;

(e) Furnish patient records to a health care practitioner designated by the patient upon request from the patient;

(f) Maintain records of all patients receiving services under this section for five (5) years.

(3) The board shall adopt, by rule, within one hundred eighty (180) days upon passage, a formulary of medicinal drugs that a pharmacist may prescribe for the minor, nonchronic health conditions described under subsection (1). The formulary must include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of the minor, nonchronic health condition, including any over-the-counter medication. The formulary shall not include any controlled substance as defined in Section 41-29-1 et seq. or 21 U.S.C. Section 812.

(4) A pharmacist who tests or screens for and treats minor, nonchronic health conditions under this section may use any tests that may guide diagnosis or clinical decision-making which the Centers for Medicare and Medicaid Services has determined qualifies for a waiver under the federal Clinical Laboratory Improvement Amendments of 1988, or the federal rules adopted thereunder, or any established screening procedures that can safely be performed by a pharmacist.

(5) (a) A pharmacist who tests for and treats influenza or streptococcus under this section may only provide such services within the framework of an established written protocol with a supervising doctor, who shall be a doctor of medicine or a doctor of osteopathy, approved by the Board of Pharmacy according to the collaborative practice arrangements allowed by the Board of Medical Licensure. The Board of Pharmacy and the Board of Medical Licensure shall collaborate to develop the written protocol.

(b) The protocol between a pharmacist and a supervising doctor under this subsection must include particular terms and conditions imposed by the supervising practitioner relating to the testing for and treatment of influenza and streptococcus under this section. The terms and conditions must be appropriate to the pharmacist's training. At a minimum, the protocol shall include:

(i) Specific categories of patients who the pharmacist is authorized to test and treat;

(ii) The supervising doctor's instructions for the treatment of influenza and streptococcus based on the patient's age, symptoms, and test results, including negative results;

(iii) A process and schedule for the supervising doctor to review the pharmacist's actions under the protocol;

(iv) A process and schedule for the pharmacist to notify the supervising doctor of the patient's condition, tests administered, test results and course of treatment; and

(v) Other requirements as established by the Board of Pharmacy, in consultation with the Board of Medical Licensure.

(c) A pharmacist authorized to test for and treat influenza and streptococcus under the protocol shall provide evidence of current certification by the Board of Pharmacy to the supervising doctor.

(d) A supervising doctor shall review the pharmacist's actions in accordance with the protocol.

(6) (a) A pharmacist providing services under this section must complete a continuing education course approved by the Board of Pharmacy addressing issues related to minor, nonchronic health conditions prior to each licensure renewal in addition to the continuing education requirements under Section 73-21-91.

(b) Each pharmacist must submit to the Board of Pharmacy confirmation of having completed the course when applying for licensure renewal.

(c) A pharmacist who fails to comply with this subsection may not provide testing, screening, or treatment services under this section.

(7) This section shall preempt local laws, regulations and ordinances.

SECTION 2. Section 73-25-33, Mississippi Code of 1972, is amended as follows:

73-25-33. (1) The practice of medicine shall mean to suggest, recommend, prescribe, or direct for the use of any person, any drug, medicine, appliance, or other agency, whether material or not material, for the cure, relief, or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound or fracture or other bodily injury or deformity, or the practice of obstetrics or midwifery, after having received, or with the intent of receiving therefor, either directly or indirectly, any bonus, gift, profit or compensation; provided, that nothing in this section shall apply to females engaged solely in the practice of midwifery.

(2) Notwithstanding the provisions of subsection (1) of this section, a pharmacist's identification of and treatment of minor, nonchronic health conditions, under Section 1 of this act, is not the practice of medicine.

SECTION 3. This act shall take effect and be in force from and after January 1, 2021.