Connecticut 2021 Regular Session

Connecticut Senate Bill SB00694 Compare Versions

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7+General Assembly Substitute Bill No. 694
8+January Session, 2021
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4-Substitute Senate Bill No. 694
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6-Public Act No. 21-182
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9-AN ACT EXEMPTING VETERINARIANS FROM THE REQUIREMENT
10-TO REPORT CERTAIN DISPENSED DIABETES DRUGS AND
11-DEVICES TO THE PRESCRIPTION DRUG MONITORING PROGRAM.
14+AN ACT CONCERNING RE VISIONS TO PHARMACY AND DRUG
15+CONTROL STATUTES.
1216 Be it enacted by the Senate and House of Representatives in General
1317 Assembly convened:
1418
15-Section 1. Subdivision (16) of subsection (j) of section 21a-254 of the
16-general statutes is repealed and the following is substituted in lieu
17-thereof (Effective from passage):
18-(16) Each pharmacy, nonresident pharmacy, as defined in section 20-
19-627, outpatient pharmacy in a hospital or institution, and dispenser shall
20-report to the commissioner, at least daily, by electronic means or, if a
21-pharmacy or outpatient pharmacy does not maintain reco rds
22-electronically, in a format approved by the commissioner information
23-for all insulin drugs, glucagon drugs, diabetes devices and diabetic
24-ketoacidosis devices prescribed and dispensed by such pharmacy or
25-outpatient pharmacy, except such reporting requirement shall not apply
26-to any veterinarian, licensed under chapter 384, who dispenses insulin
27-drugs, glucagon drugs, diabetes devices and diabetic ketoacidosis
28-devices for animal patients. Such pharmacy or outpatient pharmacy
29-shall report such information to the commissioner in a manner that is
30-consistent with the manner in which such pharmacy or outpatient
31-pharmacy reports information for controlled substance prescriptions Substitute Senate Bill No. 694
19+Section 1. Section 21a-319 of the general statutes is repealed and the 1
20+following is substituted in lieu thereof (Effective October 1, 2021): 2
21+(a) No certificate of registration shall be issued, maintained or 3
22+renewed under this chapter unless or until the applicant has furnished 4
23+proof satisfactory to the Commissioner of Consumer Protection that he 5
24+or she is licensed or duly authorized to practice his or her profession by 6
25+the appropriate state licensing board, commission or registration 7
26+agency; or, in the case of a hospital or other institution, by the 8
27+appropriate state agency having jurisdiction over the licensure, 9
28+registration or approval of such establishment. 10
29+(b) The Commissioner of Consumer Protection may change the status 11
30+of a controlled substance registration to inactive for any practitioner 12
31+who fails to maintain a license, registration or approval of a license to 13
32+practice his or her medical profession for a period longer than ninety 14
33+days. Such change in license status shall not be considered disciplinary 15
34+and the registration shall be reinstated without additional fee, if the 16
35+practitioner restores his or her license, registration or approval to 17
36+practice his or her profession with the Department of Public Health or 18 Substitute Bill No. 694
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35-pursuant to subdivision (4) of this subsection. For the purposes of this
36-subdivision, "insulin drug", "glucagon drug", "diabetes devices" and
37-"diabetic ketoacidosis device" have the same meanings as provided in
38-section 20-616.
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43+associated board or commission, and the reinstatement occurs prior to 19
44+the expiration of the controlled substance registration. 20
45+Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, 21
46+"epinephrine auto injector" means a prefilled auto injector or similar 22
47+automatic injectable equipment used to deliver epinephrine in a 23
48+standard dose for emergency first aid response to allergic reactions. 24
49+(b) A pharmacist, in his or her professional discretion, may issue a 25
50+prescription for not more than two epinephrine auto injectors under the 26
51+following conditions: 27
52+(1) The pharmacist identifies that the patient requesting such 28
53+prescription has received an epinephrine auto injector by prescription 29
54+from another pharmacy within the previous two years; 30
55+(2) The pharmacist identifies the patient's practitioner specified by 31
56+the patient as his or her primary care provider at the time the request is 32
57+made; 33
58+(3) The pharmacist informs the patient's primary care provider of the 34
59+issuance of the prescription not later than seventy-two hours after such 35
60+issuance, by either phone, facsimile or electronic transmission; and 36
61+(4) The prescription issued by the pharmacist does not have any 37
62+refills and is not filled more than once per year. 38
63+(c) Nothing in this section shall prevent a pharmacist from verifying 39
64+a previous prescription at any pharmacy in any part of the United States, 40
65+including any state, district, commonwealth, territory or insular 41
66+possession thereof, or any area subject to the legal authority of the 42
67+United States of America. 43
68+Sec. 3. Subsection (f) of section 20-633b of the general statutes is 44
69+repealed and the following is substituted in lieu thereof (Effective from 45
70+passage): 46 Substitute Bill No. 694
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77+(f) (1) If a sterile compounding pharmacy plans to remodel [a 47
78+pharmacy clean room within the sterile compounding facility] any area 48
79+utilized for the compounding of sterile pharmaceuticals or adjacent 49
80+space, relocate [a pharmacy clean room within the facility] any space 50
81+utilized for the compounding of sterile pharmaceuticals or upgrade or 51
82+conduct a nonemergency repair to the heating, ventilation, air 52
83+conditioning or primary or secondary engineering controls for [a 53
84+pharmacy clean room within the facility] any space utilized for the 54
85+compounding of sterile pharmaceuticals, the sterile compounding 55
86+pharmacy shall notify the Department of Consumer Protection, in 56
87+writing, not later than [ten] forty-five days prior to commencing such 57
88+remodel, relocation, upgrade or repair. Such written notification shall 58
89+include a plan for such remodel, relocation, upgrade or repair and such 59
90+plan shall be subject to department review and approval. If a sterile 60
91+compounding pharmacy makes an emergency repair, the sterile 61
92+compounding pharmacy shall notify the department of such emergency 62
93+repair, in writing, [as soon as possible] not later than twenty-four hours 63
94+after such repair is commenced. 64
95+(2) If the USP chapters require sterile recertification after such 65
96+remodel, relocation, upgrade or repair, the sterile compounding 66
97+pharmacy shall provide a copy of its sterile recertification to the 67
98+Department of Consumer Protection not later than five days after the 68
99+sterile recertification approval. The recertification shall only be 69
100+performed by an independent licensed environmental monitoring 70
101+entity. 71
102+Sec. 4. Subsection (d) of section 20-614 of the general statutes is 72
103+repealed and the following is substituted in lieu thereof (Effective from 73
104+passage): 74
105+(d) Prior to or simultaneous with the dispensing of a drug, [pursuant 75
106+to subsection (b) of this section] from a pharmacy licensed pursuant to 76
107+this chapter, a pharmacist or other employee of the pharmacy shall, 77
108+whenever practicable, offer for the pharmacist to discuss the drug to be 78
109+dispensed and to counsel the patient on the usage of the drug, except 79 Substitute Bill No. 694
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116+when the person obtaining the prescription is other than the person 80
117+named on the prescription form or electronic record or the pharmacist 81
118+determines it is appropriate to make such offer in writing. Any such 82
119+written offer shall include an offer to communicate with the patient 83
120+either in person at the pharmacy or by telephone. 84
121+Sec. 5. Subsection (a) of section 21a-70 of the general statutes is 85
122+repealed and the following is substituted in lieu thereof (Effective July 1, 86
123+2021): 87
124+(a) As used in this section: (1) "Drugs", "devices" and "cosmetics" have 88
125+the same meanings as defined in section 21a-92, "wholesaler" or 89
126+"distributor" means a person, including, but not limited to, a medical 90
127+device and oxygen provider, a third-party logistics provider, a virtual 91
128+manufacturer or a virtual wholesale distributor, as such terms are 92
129+defined in section 20-571, whether within or without the boundaries of 93
130+the state of Connecticut, who supplies drugs, devices or cosmetics 94
131+prepared, produced or packaged by manufacturers, to other 95
132+wholesalers, manufacturers, distributors, hospitals, prescribing 96
133+practitioners, as defined in subdivision (24) of section 20-571, 97
134+pharmacies, federal, state or municipal agencies, clinics or any other 98
135+person as permitted under subsection (h) of this section, except that: (A) 99
136+A retail pharmacy or a pharmacy within a licensed hospital that 100
137+supplies to another such pharmacy a quantity of a noncontrolled drug 101
138+or a schedule II, III, IV or V controlled substance normally stocked by 102
139+such pharmacies to provide for the immediate needs of a patient 103
140+pursuant to a prescription or medication order of an authorized 104
141+practitioner, (B) a pharmacy within a licensed hospital that supplies 105
142+drugs to another hospital or an authorized practitioner for research 106
143+purposes, (C) a retail pharmacy that supplies a limited quantity of a 107
144+noncontrolled drug or of a schedule II, III, IV or V controlled substance 108
145+for emergency stock to a practitioner who is a medical director of a 109
146+chronic and convalescent nursing home, of a rest home with nursing 110
147+supervision, of a hospice inpatient facility licensed pursuant to section 111
148+19a-491 or of a state correctional institution, and (D) a pharmacy within 112 Substitute Bill No. 694
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155+a licensed hospital that contains another hospital wholly within its 113
156+physical structure that supplies to such contained hospital a quantity of 114
157+a noncontrolled drug or a schedule II, III, IV, or V controlled substance 115
158+normally stocked by such hospitals to provide for the needs of a patient, 116
159+pursuant to a prescription or medication order of an authorized 117
160+practitioner, receiving inpatient care on a unit that is operated by the 118
161+contained hospital, or receiving outpatient care in a setting operated by 119
162+the contained hospital and such drug or substance is administered on-120
163+site by the contained hospital, shall not be deemed a wholesaler under 121
164+this section; (2) "manufacturer" means (A) a person, whether within or 122
165+without the boundaries of the state of Connecticut, who produces, 123
166+prepares, cultivates, grows, propagates, compounds, converts or 124
167+processes, directly or indirectly, by extraction from substances of 125
168+natural origin or by means of chemical synthesis or by a combination of 126
169+extraction and chemical synthesis, or who packages, repackages, labels 127
170+or relabels a container under such manufacturer's own or any other 128
171+trademark or label any drug, device or cosmetic for the purpose of 129
172+selling such items, or (B) a sterile compounding pharmacy, as defined 130
173+in section 20-633b, as amended by this act, that dispenses sterile 131
174+pharmaceuticals without a prescription or a patient-specific medical 132
175+order; (3) "drug", "device" and "cosmetic" have the same meanings as 133
176+provided in section 21a-92; and (4) "commissioner" means the 134
177+Commissioner of Consumer Protection or his or her designee. 135
178+This act shall take effect as follows and shall amend the following
179+sections:
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181+Section 1 October 1, 2021 21a-319
182+Sec. 2 from passage New section
183+Sec. 3 from passage 20-633b(f)
184+Sec. 4 from passage 20-614(d)
185+Sec. 5 July 1, 2021 21a-70(a)
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187+Statement of Legislative Commissioners:
188+Section 2(b) was reorganized for clarity.
189+ Substitute Bill No. 694
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196+GL Joint Favorable Subst.
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