As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 80


Senator Kearney 


A BILL
To amend section 4729.41 of the Revised Code to 1
permit a pharmacy intern under a pharmacist's 2
supervision to administer the same vaccinations as 3
a pharmacist.4


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

       Section 1. That section 4729.41 of the Revised Code be 5
amended to read as follows:6

       Sec. 4729.41. (A)(1) A pharmacist licensed under this chapter 7
who meets the requirements of division (B) of this section may do 8
any of the following:9

       (a) Administer immunizations for influenza to individuals 10
fourteen years of age or older;11

       (b) Administer immunizations to individuals eighteen years of 12
age or older for any of the following:13

       (i) Pneumonia;14

       (ii) Tetanus;15

       (iii) Hepatitis A;16

       (iv) Hepatitis B;17

       (v) Meningitis;18

       (vi) Diphtheria;19

       (vii) Pertussis.20

       (c) Administer to individuals eighteen years of age or older 21
any other immunization listed in the rule adopted under division 22
(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 the same27
immunizations for influenza to individuals eighteen years of age 28
or olderthat a pharmacist may administer pursuant to division 29
(A)(1) of this section.30

       (3) As part of engaging in the administration of 31
immunizations or supervising a pharmacy intern's administration of 32
immunizations, a pharmacist may administer epinephrine or 33
diphenhydramine, or both, to individuals in emergency situations 34
resulting from adverse reactions to the immunizations administered 35
by the pharmacist or pharmacy intern.36

       (B) For a pharmacist or pharmacy intern to be authorized to 37
engage in the administration of immunizations as specified in 38
division (A) of this section, the pharmacist or pharmacy intern 39
shall do all of the following:40

       (1) Successfully complete a course in the administration of 41
immunizations that has been approved by the state board of 42
pharmacy as meeting the standards established for such courses by 43
the centers for disease control and prevention in the public 44
health service of the United States department of health and human 45
services;46

       (2) Receive and maintain certification to perform basic 47
life-support procedures by successfully completing a basic 48
life-support training course certified by the American red cross 49
or American heart association;50

       (3) Practice in accordance with a definitive set of treatment 51
guidelines specified in a protocol established by a physician and 52
approved by the state board of pharmacy. 53

       (C) The protocol required by division (B)(3) of this section 54
shall include provisions for implementation of the following 55
requirements:56

        (1) The pharmacist or pharmacy intern who administers an 57
immunization shall observe the individual who receives the 58
immunization to determine whether the individual has an adverse 59
reaction to the immunization. The length of time and location of 60
the observation shall comply with the standards specified in rules 61
adopted by the state board of pharmacy under division (E) of this 62
section for the approval of protocols. The protocol shall specify 63
procedures to be followed by a pharmacist when administering 64
epinephrine, diphenhydramine, or both, to an individual who has an 65
adverse reaction to an immunization administered by the pharmacist 66
or a pharmacy intern.67

        (2) For each immunization administered to an individual by a 68
pharmacist or pharmacy intern, other than an immunization for 69
influenza administered to an individual eighteen years of age or 70
older, the pharmacist or pharmacy intern shall notify the 71
individual's family physician or, if the individual has no family 72
physician, the board of health of the health district in which the 73
individual resides or the authority having the duties of a board 74
of health for that district under section 3709.05 of the Revised 75
Code. The notice shall be given not later than thirty days after 76
the immunization is administered.77

        (3) For each immunization for influenza administered by a 78
pharmacist or pharmacy intern to an individual who is fourteen 79
years of age or older but younger than eighteen years of age, the 80
pharmacist or a pharmacy intern shall obtain permission from the 81
individual's parent or legal guardian in accordance with the 82
procedures specified in rules adopted under division (E) of this 83
section.84

       (D)(1) No pharmacist shall do either of the following:85

       (a) Engage in the administration of immunizations unless the 86
requirements of division (B) of this section have been met;87

       (b) Delegate to any person the pharmacist's authority to 88
engage in or supervise the administration of immunizations.89

       (2) No pharmacy intern shall engage in the administration of 90
immunizations for influenza unless the requirements of division 91
(B) of this section have been met.92

       (E)(1) The state board of pharmacy shall adopt rules to 93
implement this section. The rules shall be adopted in accordance 94
with Chapter 119. of the Revised Code and shall include the 95
following:96

       (a) Provisions for approval of courses in administration of 97
immunizations;98

       (b) Provisions for approval of protocols to be followed by 99
pharmacists and pharmacy interns in engaging in the administration 100
of immunizations, including protocols that contain provisions 101
specifying the locations at which a pharmacist or pharmacy intern 102
may engage in the administration of immunizations;103

       (c) Procedures to be followed by pharmacists and pharmacy 104
interns in obtaining from the individual's parent or legal 105
guardian permission to administer influenza immunizations to an 106
individual younger than eighteen years of age pursuant to division 107
(A)(1)(a) of this section;108

       (d) A list of immunizations that may be administered under 109
division (A)(1)(c) of this section.110

       (2) Prior to adopting rules regarding approval of protocols 111
to be followed by pharmacists and pharmacy interns in engaging in 112
the administration of immunizations, the state board of pharmacy 113
shall consult with the state medical board and the board of 114
nursing. 115

       (3) Prior to adopting a rule listing immunizations that may 116
be administered under division (A)(1)(c) of this section, the 117
state board of pharmacy shall consult with the state medical 118
board.119

       Section 2. That existing section 4729.41 of the Revised Code 120
is hereby repealed.121