DC Code § 3-1202.08 (2021)
2021 District of Columbia Code|Title 3 - District of Columbia Boards and Commissions|Chapter 12 - Health Occupations Boards|Subchapter II - Establishment of Health Occupation Boards and Advisory Committees; Membership; Terms|§ 3-1202.08. Board of Pharmacy and Advisory Committee on Clinical Laboratory Practitioners

 *NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section includes amendments by emergency legislation that will expire on October 22, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*  (a) There is established a Board of Pharmacy to consist of 7 members appointed by the Mayor. (b)(1) The Board shall regulate the practice of pharmacy, the practice of pharmaceutical detailing, the practice of pharmacy technicians, and the practice of clinical laboratory practitioners with guidelines approved by the Advisory Committee on Clinical Laboratory Practitioners. (1A) The Board shall administer the examination required for cytotechnologists, histologic technicians, histotechnologists, medical laboratory technicians, and medical technologists. (2) The Board is authorized to: (A) Establish a code of ethics for the practice of pharmaceutical detailing; and (B) Collect information from licensed pharmaceutical detailers relating to their communications with licensed health professionals, or with employees or representatives of licensed health professionals, located in the District. (c) Of the members of the Board, 5 shall be pharmacists licensed in the District and 2 shall be consumer members. (d) Except as provided in subsection (e) of this section, members of the Board shall be appointed for terms of 3 years. (e) Of the members initially appointed under this section, 2 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. (f) An individual licensed to practice pharmacy pursuant to this chapter may administer immunizations and vaccinations only if certified to do so by the Board and only pursuant to a written protocol and valid prescription or standing order of a physician. (g) The Board and the Board of Medicine shall jointly develop and promulgate regulations to implement and regulate the administration of vaccinations and immunizations by pharmacists and to authorize pharmacists certified to administer vaccinations and immunizations to administer emergency anaphylactic reaction treatment pursuant to an approved physician-pharmacist protocol. (g-1)(1) An individual licensed to practice pharmacy pursuant to this chapter may prescribe and dispense up to a 12-month supply of self-administered hormonal contraceptives if certified to do so by the Board and pursuant to a written protocol established by the Board and the Board of Medicine under paragraph (2) of this subsection. (2) The Board and the Board of Medicine shall jointly develop and issue regulations establishing protocols for the prescription and dispensation of self-administered hormonal contraceptives. The protocols shall include the following requirements: (A) If the pharmacist has not already undergone training as part of the pharmacist's formal educational program, that the pharmacist complete a training program approved by the Board and the Board of Medicine for prescribing and dispensing self-administered hormonal contraceptives; (B) That the patient use a self-screening tool developed by the Board and the Board of Medicine that will identify patient risk factors for the use of self-administered hormonal contraceptives, based on the current United States Medical Eligibility Criteria for Contraceptive Use developed by the Centers for Disease Control and Prevention; (C) That a pharmacist may determine, based on the results of the self-screening tool described in subparagraph (B) of this paragraph, when it is safe to dispense a 12-month supply of self-administered hormonal contraceptives; (D) That when a self-administered hormonal contraceptive is prescribed and dispensed, the patient shall be provided, in a manner that ensures patient confidentiality, appropriate counseling and information on the product furnished, including dosage, effectiveness, potential side effects, safety, the importance of receiving recommended preventive health screenings, and that a self-administered hormonal contraceptive does not protect against sexually transmitted infections; (E) That the pharmacist refer the patient to the patient's primary care provider or reproductive health provider or, if the patient does not have a primary care provider or reproductive health provider, to a nearby clinic, upon prescribing and dispensing a self-administered hormonal contraceptive pursuant to this subsection or if it is determined that the use of a self-administered hormonal contraceptive is not recommended; and (F) That the pharmacist provide the patient with written material, developed by the Board and the Department of Health, describing all U.S. Food and Drug Administration-approved contraceptives, including Long-Acting Reversible Contraceptives. (3) The reimbursement to a pharmacist from an individual health plan or group health plan, and health insurance coverage through Medicaid or the D.C. Healthcare Alliance program for services required by regulations issued pursuant to paragraph (2) of this subsection, shall be limited to an amount determined through regulation by the Department of Insurance, Securities, and Banking. (4) This subsection does not alter the requirement under federal and District of Columbia law that the provision of contraceptive drugs, devices, products, and services, including contraceptive counseling, shall be covered without cost-sharing, which includes the prescription and provision of contraceptives by any in-network provider, including a pharmacist. (5) The Board shall maintain a list of all pharmacists certified to prescribe and dispense contraception, including the location of the pharmacy where the pharmacist currently practices, and make that list readily accessible to the public. (6) A pharmacy shall display in stores and online a list of the times during which a pharmacist certified to prescribe and dispense contraception is available. (7) The Board shall provide to all licensed pharmacists annual notice of the requirements of this subsection, including opportunities for training. (9) By January 1, 2019, the Board and the Board of Medicine, in consultation with the American Congress of Obstetricians and Gynecologists, shall jointly develop and promulgate regulations to implement the provisions of this subsection. (g-2)(1) An individual licensed to practice pharmacy pursuant to this chapter may authorize and dispense a refill of patient prescription medications prior to the expiration of the waiting period between refills to allow District residents to maintain an adequate supply of necessary medication during the period from March 11, 2020, until November 5, 2021. (2) This subsection shall not apply to any patient prescription for which a refill otherwise would be prohibited under District law. (h)(1) A licensed pharmacist may initiate, modify, or discontinue a drug therapy regimen pursuant to a collaborative practice agreement with a licensed physician, or, pursuant to § 3-1204.12, other health practitioner. (2) The Board and the Board of Medicine shall jointly develop and issue regulations governing the implementation and use of collaborative practice agreements between a licensed pharmacist and a licensed physician. At minimum, the regulations shall: (A) Require that all collaborative practice agreements include: (i) Specification of the drug therapy to be provided and any tests that may be necessarily incident to its provision; (ii) The conditions for initiating, modifying, or discontinuing a drug therapy; and (iii) Directions concerning the monitoring of a drug therapy, including the conditions that would warrant a modification to the dose, dosage regime, or dosage form of the drug therapy; and (B) Establish policies and procedures for approving, disapproving, and revoking collaborative practice agreements. (i) There is established an Advisory Committee on Clinical Laboratory Practitioners, which shall consist of 5 members appointed by the Mayor. (j) The Advisory Committee on Clinical Laboratory Practitioners shall develop and submit to the Board guidelines for the licensure of cytotechnologists, histologic technicians, histotechnologists, medical laboratory technicians, medical technologists, and the registration of phlebotomists. (k) Of the members of the Advisory Committee on Clinical Laboratory Practitioners, one shall be a pathologist certified by the American Board of Pathology or the American Board of Osteopathic Pathology; one shall be a medical technologist and supervisor; one shall be a medical technologist who is not a supervisor; one shall be a medical laboratory technician; and one shall be a consumer member with no direct affiliation with clinical laboratory practitioners or another health profession. Of the members of the Advisory Committee on Clinical Laboratory Practitioners, one shall be a pathologist certified by the American Board of Pathology or the American Board of Osteopathic Pathology; one shall be a medical technologist and supervisor; one shall be a medical technologist who is not a supervisor; one shall be a medical laboratory technician; and one shall be a consumer member with no direct affiliation with clinical laboratory practitioners or another health profession. (l) The qualifications for the professional members of the Advisory Committee on Clinical Laboratory Practitioners shall be as follows: (1) The pathologist, for at least 3 years preceding appointment, shall have been actively engaged as a pathologist in rendering professional services in pathology or in the education and training of medical personnel in pathology. (2) The medical technologist, for at least 3 years preceding the appointment, shall have been actively engaged as a medical technologist in rendering professional services in medical technology or in the education and training of medical technologists. (3) The medical laboratory technician, for at least 3 years preceding the appointment, shall have been actively engaged as a medical laboratory technician in rendering professional services as a medical technician. (m) The initial appointees of the Advisory Committee on Clinical Laboratory Practitioners, with the exception of the pathologist and the consumer representative, shall become licensed in the profession in which they have been practicing immediately upon their appointment and qualification as members of the Advisory Committee on Clinical Laboratory Practitioners.  (Mar. 25, 1986, D.C. Law 6-99, § 208, 33 DCR 729; Mar. 26, 2008, D.C. Law 17-131, § 102(c), 55 DCR 1659; Mar. 20, 2009, D.C. Law 17-306, § 2(b), 56 DCR 23; Oct. 22, 2012, D.C. Law 19-185, § 2(b), 59 DCR 9454; May 1, 2013, D.C. Law 19-303, § 2(b), 60 DCR 2711; May 2, 2015, D.C. Law 20-272, § 2(c), 62 DCR 1911; Mar. 28, 2018, D.C. Law 22-75, § 2(c), 65 DCR 1374; June 24, 2021, D.C. Law 24-9, § 501, 68 DCR 004824; July 24, 2021, D.C. Act 24-125, § 3(x), 68 DCR 007342.)  Prior Codifications 1981 Ed., § 2-3302.8. Section References This section is referenced in § 1-523.01 and § 3-1207.42. Effect of Amendments D.C. Law 17-131 rewrote subsec. (b), which had read as follows: “(b) The Board shall regulate the practice of pharmacy.” D.C. Law 17-306 added subsecs. (f) and (g). The 2012 amendment by D.C. Law 19-185 added (h). The 2013 amendment by D.C. Law 19-303 added “and the practice of pharmacy technicians” in (b)(1); and made a related change. The 2015 amendment by D.C. Law 20-272 rewrote the section heading; rewrote (b)(1); added (b)(1A); and added (i), (j), (k), (l), and (m). Applicability Section 7024 of D.C. Law 22-168 repealed section 4 of D.C. Law 22-75 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-75 have been implemented. Applicability of D.C. Law 22-75: § 4 of D.C. Law 22-75 provided that the change made to this section by § 2(c) of D.C. Law 22-75 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see § 3(x) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).   For temporary (90 days) amendment of this section, see § 501 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see § 501 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see § 501 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see § 501 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).   For temporary (90 days) amendment of this section, see § 309 of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).   For temporary (90 days) amendment of this section, see § 2(c) of Defending Access to Women's Health Care Services Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-266, Feb. 21, 2018, 65 DCR 2119).  For temporary (90 day) amendment of section, see § 2(b) of Pharmacy Practice Emergency Amendment Act of 2008 (D.C. Act 17-596, December 8, 2008, 55 DCR 12816). For temporary (90 day) amendment of section, see § 2(b) of Pharmacy Practice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-29, March 16, 2009, 56 DCR 2323). Temporary Legislation  For temporary (225 days) amendment of this section, see § 501 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see § 501 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).