P.R. Laws tit. 20, § 407b

2019-02-20 00:00:00+00
§ 407b. Functions of the pharmacist

In the practice of the profession of pharmacy, the pharmacist shall provide pharmaceutical services by carrying out any of the following functions:

(a) Dispense drugs and devices by prescription, understanding that this function includes:

(1) Receive, evaluate and interpret the prescription.

(2) Complete the necessary information in the pharmaceutical record of the patient.

(3) Determine and offer the patient the possibility of interchanging brand name drugs for generic drugs in agreement with the provisions of § 410b of this title.

(4) Prepare, compound, pack, and label drugs in compliance with the applicable federal and state laws and regulations.

(5) Verify the prescription against the medication and the patient’s pharmacy record in order to identify, prevent, or solve drug-related problems.

(6) Deliver any prescribed medication or device, after having advised the patient or his/her authorized representative on the same, provided that the advice on the medication entails the discussion of the information that in the judgment of the pharmacist is necessary and significant to optimize the pharmacotherapy of the patient. The delivery and advice shall be made on a person to person basis by the pharmacist, unless the patient expressly declines to receive such advice. The advice shall be confidential and shall be complementary but not substituted by the written information.

(b) Offer advice to the patient or his/her authorized representative on the adequate use of nonprescription drugs or devices.

(c) Offer pharmaceutical care or assistance by performing the following process:

(1) Obtain and interpret the information of the patient.

(2) Identify, evaluate and prioritize medication-related problems.

(3) Design an attention plan directed to achieving pharmacotherapy goals for the patient with the cooperation of the patient and the knowledge of his/her physicians.

(4) Implement with the consent of the patient and knowledge of his/her physician and follow-ups on the same.

(5) Document the entire process in the pharmaceutical record of the patient.

(d) Participate together with the patient and other health care providers in the decision-making process on the most adequate use of drugs, dosage, formulation, method of administration, dosage or administration regime.

(e) Manage the pharmacotherapy of the patient collaboratively with the physician or group of physicians following a protocol, without affecting the patient’s free selection of the pharmacy that will dispense his/her drugs.

(f) Supervise technical and administrative functions delegated on the pharmacy technician.

(g) Supervise the internship of pharmacist interns or pharmacy technician interns as preceptor pharmacist.

(h) Act as the head pharmacist of a pharmacy, wholesaler drugstore, prescription drug wholesale distributor, or pharmaceutical industry manufacturing plant; Provided, That this function shall be performed only in one establishment.

(i) Administer vaccines, pursuant to the provisions of subsection (e) of § 410c of this title.

(j) Perform any other necessary functions, services, operations or transactions, incidental or as part of the functions mentioned above or that require or call for a science or discipline within any branch of the pharmacy profession, study or training.

(k) Only pharmacists holding an immunization administration certificate, issued by the Board of Pharmacy of Puerto Rico, which includes training on medication and oral, nasal, and intramuscular vaccination administration techniques, as well as on how to handle emergency situations that may arise as a consequence of the administration of such medications, and a current cardiopulmonary resuscitation certificate, insofar as they have completed a minimum of one (1) contact hour (0.1 CEU) of continuing education related to immunizations annually, may administer the vaccines recommended by the CDC Advisory Committee on Immunization Practices to identified populations, and shall comply, further, with any other requirement provided by the Secretary of Health through regulation.

Pharmacists shall:

(1) Before administering a vaccine, create an immunization record containing information about the patient, including his/her name and surnames, date of birth, address, name of primary physician, main health conditions, allergies, and previous immunization record; information about the vaccine, including the name, dose, route of administration, manufacturer, lot number, and expiration date; informed consent form, signed by the patient or his/her representative; date, pharmacy name, pharmacist’s name, and any other information as may be deemed pertinent by the pharmacist.

(2) Provide the patient or his/her representative, orally and in writing, the information provided or recommended by the CDC for such vaccine.

(3) Report any adverse event, as required by the Vaccine Adverse Events Reporting System (VAERS), and to the patient’s primary physician as identified by the former.

(4) Notify the Department of Health the information required on patient immunization.

(5) Comply with any directive of the Secretary of Health related to immunizations, including anything pertaining to their use, administration, controls or restriction in their dispensation or sale.

The pharmacy offering immunization administration services by pharmacists shall:

(1) Develop written rules and procedures that shall be complied with upon the administration of vaccinations, following the recommendations in effect of the CDC, including: the vaccines that the pharmacist is duly authorized to administer; the age and other characteristics of the patient to whom each vaccine is to be administered; contraindications; precautions; when to refer a patient; the immunization process; procedure to be followed in cases of emergency due to allergic reactions or any other unexpected adverse effects; documentation and keeping of records; disposal of contaminated materials and equipment; notice to the Department of Health; report of adverse events; and others.

(2) Provide a properly sanitized and private area for the administration of vaccines, where the immunization administration certificate, issued to the pharmacists by the Board of Pharmacy, should be displayed. The area shall have the necessary equipment and materials for the administration of the vaccines, as well as for tending to emergency situations. These emergency areas shall have, at least, the following equipment: an automated external defibrillator, drugs for resuscitation not limited to epinephrine, diphenhydramine, methyl predinisolone, oxygen, and the equipment for the administration thereof. None of the foregoing shall limit the powers of the Department of Health to determine, at the administrative level, which other medications and/or equipment shall be required to tend to emergency situations in these facilities.

(3) Keep to perpetuity the immunization record of each patient in a safe place at the pharmacy. This record shall be deemed to be confidential and the information contained therein may be disclosed as provided in subsection (n) of § 410a of this title.

(4) Have a liability insurance policy to respond for any damages caused to the patient due to the pharmacist’s or the pharmacy’s negligence while administering a vaccine.

History —Sept. 3, 2004, No. 247, § 2.02; Jan. 8, 2010, No. 7, § 2.