Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 95 - PHARMACISTS AND PHARMACIES
Subchapter 16 - EMERGENCY CONTRACEPTION COLLABORATIVE AGREEMENT
Section 16-95-130 - Emergency contraception written collaborative agreement

Universal Citation: HI Admin Rules 16-95-130

Current through February, 2024

(a) Each arrangement between a licensed pharmacist and a licensed physician relating to the distribution to a patient of emergency contraception drugs shall be documented in a signed collaborative agreement in accordance with the form attached hereto as Exhibit A entitled "Emergency Contraception Drug Therapy Collaborative Agreement" dated December 2004, located at the end of this chapter and made a part of this chapter. The agreement shall be delivered to the board by the licensed pharmacist within ten days of the execution of the agreement by the pharmacist and the physician.

(b) Before a pharmacist may participate in the collaborative agreement, the pharmacist shall have completed an emergency contraception training course approved by the ACPE, curriculum-based programs from an ACPE-accredited college of pharmacy, applicable state or local health department programs, or programs recognized by the board of pharmacy. Training shall include procedures listed in Exhibit A, entitled, "Emergency Contraception Drug Therapy Collaborative Agreement", dated December 2004 and located at the end of this chapter, the management of the sensitive communications often encountered in emergency contraception, providing service to minors, quality assurance, referral for additional services, and documentation.

(c) By executing the collaborative agreement, both the physician and pharmacist agree and acknowledge that:

(1) They accept the responsibility for the distribution of the emergency contraception drugs and that the licensed pharmacist shall dispense only certain drugs approved for emergency contraception by the United States Food and Drug Administration. Some of the currently approved drugs are listed in the attached Exhibit B entitled "Brands and Doses", dated August 2004, located at the end of this chapter and made a part of this chapter however, drugs approved for emergency contraception are not limited to this list. Other drugs listed in Exhibit B entitled "Brands and Doses", dated August 2004 and located at the end of this chapter, may be dispensed instead of Plan B® in the following circumstances:
(A) Plan B® is unavailable;

(B) Plan B® is not covered under the patient's health insurance plan and another drug listed in Exhibit B is covered; or

(C) The patient chooses another listed drug after the pharmacist advises the patient that side effects are usually less with Plan B®.

The list of approved drugs in Exhibit B also shall include adjunctive drugs for treatment of nausea and vomiting that may be associated with emergency contraceptives;

(2) The licensed pharmacist shall provide the patient with drug information concerning dosage, potential adverse side effects, and follow-up contraceptive care;

(3) The collaborative agreement shall be effective for a period of at least two years from the date of its delivery to the board, unless rescinded in writing by either the physician or the pharmacist, with written notice to the other and the board, or unless the pharmacy board invalidates the agreement or changes the terms of the agreement. After the two year period, the agreement shall continue to be valid from month to month unless rescinded, invalidated, or changed as provided herein. The licensed pharmacist or the licensed physician, who rescinds the agreement, shall notify the board within three business days of the rescission. At the time the collaborative agreement is rescinded, the licensed pharmacist shall not have prescriptive authority to dispense emergency contraceptives until another collaborative agreement with a physician is completed and received by the board; and

(4) Each drug therapy prescription authorized by the physician and dispensed by the pharmacist shall be documented in a patient profile.

(d) Additionally, the collaborative agreement between the licensed pharmacist and licensed physician shall include:

(1) The name, address, and phone number of the licensed pharmacist and pharmacy and the signature of the licensed pharmacist;

(2) The name, address, and phone number of the licensed physician and the signature of the licensed physician;

(3) The purpose of the collaborative agreement, which is to permit emergency contraception drug therapy within one hundred twenty hours of the patient having unprotected sexual contact and to ensure that the patient receives appropriate information from the licensed pharmacist regarding the drug therapy;

(4) The procedures, delineated in Exhibit A, to be followed by the licensed pharmacist when the patient requests drug therapy, including any applicable referrals;

(5) Any limitation agreed upon by both the licensed pharmacist and the licensed physician including but not limited to approved drugs that may not be prescribed to the patient or whether the licensed pharmacist's or the licensed physician's decision shall control in the event of a disagreement on the prescription for a patient;

(6) A provision that the licensed pharmacist shall refer the patient to a licensed physician;

(7) A statement that the label placed on the drug therapy product shall contain the names of both the pharmacist and the physician signers of this agreement;

(8) An informed consent, included in Exhibit A, to be used by the licensed pharmacist to inform the patient about the emergency contraception drug therapy. The informed consent shall be signed by both the licensed pharmacist and the patient; and

(9) A screening checklist for emergency contraception pills, included in Exhibit A, to be filled in by the patient and signed by both the licensed pharmacist and the patient.

(e) Any modification to an existing collaborative agreement previously delivered to the board shall be submitted to the board by the licensed pharmacist at least ten working days prior to the intended implementation of the changed collaborative agreement.

(f) The board shall have the authority to reject a collaborative agreement if the board determines that the collaborative agreement is not in compliance with this section or is not in the best interests of the patient.

(g) The form of the collaborative agreement, the informed consent form, and the screening checklist for emergency contraception drugs attached as Exhibit A hereto, shall be made available by the board to licensed pharmacists and licensed physicians.

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