Section 390-9.3 - Collaborative drug therapy managementSection effective upon promulgation of implementing regulations or June 1, 2012, whichever is earlier.
(a) A pharmacist shall enter into a written collaborative agreement with a licensed physician authorizing the management of drug therapy for a disease or for a condition or symptom of a disease before practicing the management of drug therapy in a setting other than an institutional setting.(b) A pharmacist who is a party to a collaborative agreement authorizing the management of drug therapy shall utilize an area for in person, telephonic or other approved electronic consultations relating to the management of drug therapy that ensures the confidentiality of the patient information being discussed.(c)(1) A pharmacist who is a party to a collaborative agreement authorizing the management of drug therapy shall obtain and maintain a level of professional liability insurance coverage in the minimum amount of one million dollars ($1,000,000) per occurrence or claims made. Failure to maintain insurance coverage as required shall subject the licensee to disciplinary proceedings. The board shall accept from a licensee as satisfactory evidence of insurance coverage any of the following: (i) personal purchased liability insurance;(ii) professional liability insurance coverage provided by the individual licensee's employer; or(iii) similar insurance coverage acceptable to the board.(2) A licensee practicing under this section shall provide an affidavit to the board that the licensee has obtained professional liability insurance in accordance with this subsection.(d) A pharmacist may not provide economic incentives to a licensed physician for the purpose of entering into a collaborative agreement for the management of drug therapy.(e) The management of drug therapy pursuant to a collaborative agreement shall be initiated by a written referral from the licensed physician to the pharmacist. The written referral shall include the frequency in which the pharmacist must conduct the management of drug therapy in person.(f) The licensed physician who is a party to the collaborative agreement authorizing the management of drug therapy shall hold an active license in good standing and in accordance with the terms of the collaborative agreement shall be within the scope of the licensed physician's current practice.(g) Participation in a collaborative agreement authorizing the management of drug therapy shall be voluntary, and no licensed physician or pharmacist shall be required to participate.(h) A patient's records related to the management of drug therapy may be maintained in a computerized recordkeeping system which meets all requirements for Federal and State-certified electronic health care records.(i) A pharmacist who is a party to the collaborative agreement authorizing the management of drug therapy shall have access to the records of the patient who is the recipient of the management of drug therapy.(j) The handling of all patient records by the pharmacist providing the management of drug therapy must comply with the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104-191, 110 Stat. 1936).(k) The collaborative agreement must: (1) Be between a licensed physician and a pharmacist.(2) Comply with the requirements specified in section 9.1(e) . (3) Specify the terms under which a pharmacist providing the management of drug therapy is permitted to adjust drug regimen or to adjust drug strength, frequency of administration or route without prior written or oral consent by the collaborating physician.1961, Sept. 27, P.L. 1700, No. 699, § 9.3, added 2010, June 1, P.L. 201, No. 29, § 4.