Ohio Admin. Code 4729:5-5-02.5 - Outpatient pharmacy access points
(A)
As used in this
rule, "ancillary services" are those services performed by pharmacy personnel
that are not directly involved in the dispensation of dangerous drugs. Examples
of such services include, but are not limited to, immunizations, drug
administration, medication therapy management, disease state management, and
refill reminders.
(B)
Except as provided for in paragraph (C) of this rule, a
pharmacy shall develop and implement an effective organizational policy that
permits a pharmacist to do all the following:
(1)
Limit the
provision of ancillary services if, in the pharmacist's professional judgment,
the provision of such services cannot be safely provided or may negatively
impact patient access to medications. The pharmacy's policy shall include an
offer by pharmacy staff to make an appointment for a patient or refer a patient
to another location offering immunizations and other ancillary
services.
(2)
Limit pharmacy access points, if, in the pharmacist's
professional judgment, limiting such access points will minimize fatigue,
distraction, or other conditions which interfere with a pharmacist's ability to
practice with reasonable safety and competence.
(C)
In the absence of
an organizational policy described in paragraph (B) of this rule, an outpatient
pharmacy shall not override the control of the pharmacist on duty as
follows:
(1)
A
pharmacist's decision not to administer or supervise immunizations or provide
other ancillary services if, in the pharmacist's professional judgment, the
provision of such services cannot be provided safely or may negatively impact
patient access to medications. The pharmacy staff shall offer to make an
appointment for the patient or may refer the patient to another location
offering immunizations and other ancillary services.
(2)
A pharmacist's
decision to limit pharmacy access points if, in the pharmacist's professional
judgment, limiting such access points will minimize fatigue, distraction, or
other conditions which interfere with a pharmacist's ability to practice with
reasonable safety and competence. Such limitations shall not interfere with a
patient's ability to drop off or receive dispensed prescriptions during the
pharmacy's posted hours of operation.
(D)
Organizational
policies developed in accordance with paragraph (A) of this rule shall be
maintained in the pharmacy for immediate inspection by an agent, inspector, or
employee of the board.
(E)
This rule does not apply to outpatient pharmacies that
are not open to the public (e.g., closed door pharmacies).
(F)
An outpatient
pharmacy shall not retaliate or discipline a pharmacist who, in good faith,
acts in accordance with this rule. As used in this rule, retaliation or
discipline of an employee includes, but is not limited to, the following:
(1)
Removing or
suspending the employee from employment;
(2)
Withholding from
the employee salary increases or employee benefits to which the employee is
otherwise entitled;
(3)
Transferring or reassigning the
employee;
(4)
Denying the employee a promotion that otherwise would
have been received;
(5)
Reducing the employee in pay or
position.
Notes
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.54, 4729.55
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