Senate Amendment null
H 3988 - Session 125 (2023-2024)
Pharmacists and pharmacy technicians

Senator Martin proposes the following amendment (SR-3988.JG0024S):

Amend the bill, as and if amended, SECTION 5, by striking Section 40-43-190(B)(2)(a) and inserting:

   (a) obtain the signed writteninformed consent of the person being vaccinated or that person's guardian;

Amend the bill further, SECTION 5, by striking Section 40-43-190(B)(3) and inserting:

  (3) A pharmacist may not delegate the administration of vaccines to a pharmacy technician or certified pharmacy technician. For purposes of this section, "informed consent" means a written document that is signed and dated by an individual; or if the individual is a minor, by a parent or legal guardian; or if the individual is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:
   (a) an explanation of the vaccine or treatment that is written in language that is understandable to the average lay person;
   (b) a description of the potential risks and benefits resulting from vaccine or treatment, along with a realistic description of the most likely outcome;
   (c) a statement acknowledging risks associated with the vaccine or treatment if the vaccine or treatment is an indemnified product as defined in Section 44-1-55(A)(7);
   (d) language that clearly indicates that the individual agrees to the administration of the vaccine or treatment, that the individual has had time to thoughtfully and voluntarily accept or decline the vaccine or treatment free from coercion: and
   (e) if the vaccine or treatment is an investigational medical product or is made available through an Emergency Use Authorization by the Federal Food and Drug Administration, a statement acknowledging its investigational nature and the civil liability protections afforded it by law.
  (4) A pharmacy intern or pharmacy technician may administer vaccinations under the direct supervision, as defined in Section 40-43-84(C), of a pharmacist who has completed vaccination training as required by item (1) if the pharmacy intern or pharmacy technician:
   (a) is certified through a basic life support or CPR provider-level course that is jointly approved by the Board of Medical Examiners and the Board of Pharmacy;Joint Pharmacy Access Committee and completes a practical training program that is approved by the Accreditation Council for Pharmacy Education (ACPE) which includes, at a minimum, hands-on injection technique and the recognition and treatment of emergency reactions to vaccines; and
   (b) completes this course of training described in item (1).if a pharmacy technician, the pharmacy technician must be:
    (i) state-certified; or
    (ii) nonstate-certified but administered vaccinations and received training pursuant to the federal Public Readiness and Emergency Preparedness (PREP) Act prior to the effective date of this section and registers with the Board of Pharmacy as an authorized vaccination provider.
  (5) A pharmacist or pharmacy technician administering vaccinations shall, as part of the current continuing education requirements pursuant to Section 40-43-130, complete no less than one hour of continuing education each license year regarding administration of vaccinations.

Amend the bill further, SECTION 5, by striking Section 40-43-190(D), (E), and (F) and inserting:

 (C) Informed consent must be documented in accordance with the written protocol for vaccine administration issued pursuant to this section.
 (D) All records required by this section must be maintained in the pharmacy for a period of at least ten years from the date of the last vaccination or dispensing for adults and at least thirteen years from the date of the last vaccination or dispensing for minors.
 (E) All documentation, records, and copies required by this section may be stored electronically.