As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 79


Senator Kearney 


A BILL
To amend section 4729.41 of the Revised Code to 1
decrease the minimum age for which a pharmacist 2
may administer certain vaccinations.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4729.41 of the Revised Code be 4
amended to read as follows:5

       Sec. 4729.41. (A)(1) A pharmacist licensed under this chapter 6
who meets the requirements of division (B) of this section may do 7
any of the following:8

       (a) Administer immunizations for influenza to individuals 9
fourteen years of age or older;10

       (b) Administer immunizations to individuals eighteenseven11
years of age or older for any of the following:12

       (i) Influenza;13

       (ii) Pneumonia;14

       (ii)(iii) Tetanus;15

       (iii)(iv) Hepatitis A;16

       (iv)(v) Hepatitis B;17

       (v)(vi) Meningitis;18

       (vi)(vii) Diphtheria;19

       (vii)(viii) Pertussis.20

       (c)(b) Administer to individuals eighteen years of age or 21
older any other immunization listed in the rule adopted under 22
division (E)(1)(d) of this section.23

       (2) A pharmacy intern licensed under this chapter who meets 24
the requirements of division (B) of this section and is working 25
under the direct supervision of a pharmacist who meets the 26
requirements of that division may administer immunizations for 27
influenza to individuals eighteen years of age or older.28

       (3) As part of engaging in the administration of 29
immunizations or supervising a pharmacy intern's administration of 30
immunizations, a pharmacist may administer epinephrine or 31
diphenhydramine, or both, to individuals in emergency situations 32
resulting from adverse reactions to the immunizations administered 33
by the pharmacist or pharmacy intern.34

       (B) For a pharmacist or pharmacy intern to be authorized to 35
engage in the administration of immunizations as specified in 36
division (A) of this section, the pharmacist or pharmacy intern 37
shall do all of the following:38

       (1) Successfully complete a course in the administration of 39
immunizations that has been approved by the state board of 40
pharmacy as meeting the standards established for such courses by 41
the centers for disease control and prevention in the public 42
health service of the United States department of health and human 43
services;44

       (2) Receive and maintain certification to perform basic 45
life-support procedures by successfully completing a basic 46
life-support training course certified by the American red cross 47
or American heart association;48

       (3) Practice in accordance with a definitive set of treatment 49
guidelines specified in a protocol established by a physician and 50
approved by the state board of pharmacy. 51

       (C) The protocol required by division (B)(3) of this section 52
shall include provisions for implementation of the following 53
requirements:54

        (1) The pharmacist or pharmacy intern who administers an 55
immunization shall observe the individual who receives the 56
immunization to determine whether the individual has an adverse 57
reaction to the immunization. The length of time and location of 58
the observation shall comply with the standards specified in rules 59
adopted by the state board of pharmacy under division (E) of this 60
section for the approval of protocols. The protocol shall specify 61
procedures to be followed by a pharmacist when administering 62
epinephrine, diphenhydramine, or both, to an individual who has an 63
adverse reaction to an immunization administered by the pharmacist 64
or a pharmacy intern.65

        (2) For each immunization administered to an individual by a 66
pharmacist, other than an immunization for influenza administered 67
to an individual eighteen years of age or older, the pharmacist 68
shall notify the individual's family physician or, if the 69
individual has no family physician, the board of health of the 70
health district in which the individual resides or the authority 71
having the duties of a board of health for that district under 72
section 3709.05 of the Revised Code. The notice shall be given not 73
later than thirty days after the immunization is administered.74

        (3) For each immunization for influenza administered by a 75
pharmacist to an individual who is fourteenseven years of age or 76
older but younger than eighteen years of age, the pharmacist or a 77
pharmacy intern shall obtain permission from the individual's 78
parent or legal guardian in accordance with the procedures 79
specified in rules adopted under division (E) of this section.80

       (D)(1) No pharmacist shall do either of the following:81

       (a) Engage in the administration of immunizations unless the 82
requirements of division (B) of this section have been met;83

       (b) Delegate to any person the pharmacist's authority to 84
engage in or supervise the administration of immunizations.85

       (2) No pharmacy intern shall engage in the administration of 86
immunizations for influenza unless the requirements of division 87
(B) of this section have been met.88

       (E)(1) The state board of pharmacy shall adopt rules to 89
implement this section. The rules shall be adopted in accordance 90
with Chapter 119. of the Revised Code and shall include the 91
following:92

       (a) Provisions for approval of courses in administration of 93
immunizations;94

       (b) Provisions for approval of protocols to be followed by 95
pharmacists and pharmacy interns in engaging in the administration 96
of immunizations, including protocols that contain provisions 97
specifying the locations at which a pharmacist or pharmacy intern 98
may engage in the administration of immunizations;99

       (c) Procedures to be followed by pharmacists and pharmacy 100
interns in obtaining from the individual's parent or legal 101
guardian permission to administer influenza immunizations to an 102
individual younger than eighteen years of age pursuant to division 103
(A)(1)(a) of this section;104

       (d) A list of immunizations that may be administered under 105
division (A)(1)(c)(b) of this section.106

       (2) Prior to adopting rules regarding approval of protocols 107
to be followed by pharmacists and pharmacy interns in engaging in 108
the administration of immunizations, the state board of pharmacy 109
shall consult with the state medical board and the board of 110
nursing. 111

       (3) Prior to adopting a rule listing immunizations that may 112
be administered under division (A)(1)(c)(b) of this section, the 113
state board of pharmacy shall consult with the state medical 114
board.115

       Section 2. That existing section 4729.41 of the Revised Code 116
is hereby repealed.117