Current through Register Vol. 30, No. 38, September 20, 2024
A. Before
participating in shared services, a pharmacy shall have either a current
resident or non-resident pharmacy permit issued by the Board.
B. A pharmacy may provide or utilize shared
services functions only if the pharmacies involved:
1. Have the same owner, or
2. Have a written contract or agreement that
outlines the services provided and the shared responsibilities of each party in
complying with federal and state pharmacy statutes and rules, and
3. Share a common electronic file or
technology that allows access to information necessary or required to perform
shared services in conformance with the pharmacy act and the Board's
rules.
C. Notifications
to patients.
1. Before using shared services
provided by another pharmacy, a pharmacy permittee shall:
a. Notify patients that their orders may be
processed or filled by another pharmacy; and
b. Provide the name of that pharmacy or, if
the pharmacy is part of a network of pharmacies under common ownership and any
of the network pharmacies may process or fill the order, notify the patient of
this fact. The notification may be provided through a one-time written notice
to the patient or through use of a sign in the pharmacy.
2. If an order is delivered directly to the
patient by a filling pharmacy and not returned to the requesting pharmacy, the
filling pharmacy permittee shall ensure that the following is placed on the
prescription container or on a separate sheet delivered with the prescription
container:
a. The local, and if applicable,
the toll-free telephone number of the pharmacy utilizing shared services that
has access to the patient's records; and
b. A statement that conveys to the patient or
patient's care-giver the following information: "Written information about this
prescription has been provided for you. Please read this information before you
take the medication. If you have questions concerning this prescription, a
pharmacist is available during normal business hours to answer these questions
at (insert the local and toll-free telephone numbers of the pharmacy utilizing
shared services that has access to the patient's records)."
3. The provisions of subsection
(C) do not apply to orders delivered to patients in facilities where a licensed
health care professional is responsible for administering the prescription
medication to the patient.
D. A pharmacy permittee engaged in shared
services shall:
1. Maintain manual or
electronic records that identify, individually for each order processed, the
name, initials, or identification code of each pharmacist, graduate intern,
pharmacy intern, pharmacy technician, and pharmacy technician trainee who took
part in the order interpretation, order entry verification, drug utilization
review, drug compatibility and drug allergy review, final order verification,
therapeutic intervention, or refill authorization functions performed at that
pharmacy;
2. Maintain manual or
electronic records that identify, individually for each order filled or
dispensed, the name, initials, or identification code of each pharmacist,
graduate intern, pharmacy intern, pharmacy technician, and pharmacy technician
trainee who took part in the filling, dispensing, and counseling functions
performed at that pharmacy;
3.
Report to the Board as soon as practical the results of any disciplinary action
taken by another state's pharmacy regulatory agency involving shared
services;
4. Maintain a mechanism
for tracking the order during each step of the processing and filling
procedures performed at the pharmacy;
5. Provide for adequate security to protect
the confidentiality and integrity of patient information; and
6. Provide for inspection of any required
record or information within 72 hours of any request by the Board or its
designee.
E. Each
pharmacy permittee that provides or utilizes shared services shall develop,
implement, review, revise, and comply with joint policies and procedures for
shared services in the manner described in
R4-23-610(A)(2).
Each pharmacy permittee is required to maintain only those portions of the
joint policies and procedures that relate to that pharmacy's operations. The
policies and procedures shall:
1. Outline the
responsibilities of each of the pharmacies;
2. Include a list of the name, address,
telephone numbers, and all license and permit numbers of the pharmacies
involved in shared services; and
3.
Include policies and procedures for:
a.
Notifying patients that their orders may be processed or filled by another
pharmacy and providing the name of that pharmacy;
b. Protecting the confidentiality and
integrity of patient information;
c. Dispensing orders when the filled order is
not received or the patient comes in before the order is received;
d. Maintaining required manual or electronic
records to identify the name, initials, or identification code and specific
activity or activities of each pharmacist, graduate intern, pharmacy intern,
pharmacy technician, or pharmacy technician trainee who performed any shared
services;
e. Complying with federal
and state laws; and
f. Operating a
continuous quality improvement program for shared services, designed to
objectively and systematically monitor and evaluate the quality and
appropriateness of patient care, pursue opportunities to improve patient care,
and resolve identified problems.
F. Nothing in this Section shall prohibit an
individual pharmacist licensed in Arizona, who is an employee of or under
contract with a pharmacy, or an Arizona-licensed graduate intern, pharmacy
intern, pharmacy technician, or pharmacy technician trainee, working under the
supervision of the pharmacist, from accessing that pharmacy's electronic
database from inside or outside the pharmacy and performing the order
processing functions permitted by the pharmacy act, if both of the following
conditions are met:
1. The pharmacy
establishes controls to protect the confidentiality and integrity of patient
information; and
2. None of the
database is duplicated, downloaded, or removed from the pharmacy's electronic
database.
