Section 390-9.1 - Drug therapy protocols(a) A pharmacist shall be permitted to enter into a written agreement or protocol with a licensed physician authorizing the management of drug therapy in an institutional setting.(b) The licensed physician who is a party to a written agreement or protocol authorizing the management of drug therapy shall be in active practice, and the written agreement or protocol shall be within the scope of the licensed physician's current practice.(c) Participation in a written agreement or protocol authorizing the management of drug therapy shall be voluntary, and no licensed physician, pharmacist or institution shall be required to participate.(d)(1) A pharmacist who is a party to a written agreement or protocol authorizing the management of drug therapy shall obtain and maintain, to the satisfaction of the board, professional liability insurance coverage in the minimum amount of one million dollars ($1,000,000) per occurrence or claims made. The professional liability insurance coverage shall remain in effect as long as that pharmacist is a party to a written agreement or protocol authorizing the management of drug therapy. Failure to maintain insurance coverage as required under this subsection shall be actionable under section 5 of this act. (2) The board shall accept from pharmacists as satisfactory evidence of insurance coverage under this subsection any and all of the following: personally purchased professional liability insurance, professional liability insurance coverage provided by the pharmacist's employer or any similar type of coverage.(3) Deleted by 2010, June 1, P.L. 201, No. 29, § 3, effective in 60 days [Aug. 2, 2010].(e) Within eighteen months of the effective date of this section, the board shall adopt regulations establishing the parameters of written agreements or protocols authorized by this section. Such parameters shall include, but not be limited to, the requirement that written agreements or protocols: (2) Require that drug therapy regimens be initiated by a licensed physician for patients referred to a pharmacist for drug therapy.(3) Provide for notification of the role of the pharmacist by a licensed physician to each referred patient whose drug therapy management may be affected by the agreement.(4) Be available as follows:(i) At the practice site of any licensed physician who is a party to the agreement.(ii) At the practice site of any licensed pharmacist who is a party to the agreement.(iii) At the institution where a written agreement or protocol is in place.(iv) To any patient whose drug therapy management is affected by the agreement.(v) Upon request, to representatives of the State Board of Medicine, the State Board of Osteopathic Medicine, the State Board of Pharmacy and the Department of Health.(5) Identify, by name, each licensed physician and each licensed pharmacist who are parties to the agreement.(6) Be signed and dated by each licensed physician and each licensed pharmacist.(7) Specify the functions and tasks which are the subject of the written agreement or protocol.(8) Provide for execution of the agreement when any licensed physician or licensed pharmacist may be temporarily absent from a practice setting or temporarily unavailable to participate in its execution.(9) Establish an appropriate time frame, not to exceed seventy-two hours, within which the licensed pharmacist must notify the licensed physician of any changes in dose, duration or frequency of medication prescribed.(10) Be filed with the State Board of Pharmacy and the State Board of Medicine and/or the State Board of Osteopathic Medicine.(11) Remain in effect for a period not to exceed two years upon the conclusion of which, or sooner, the parties shall review the agreement and make a determination as to its renewal, necessary modifications or termination.(12) Allow for termination of the agreement at the request of any party to it at any time.(f) Managing drug therapy within an institutional setting may occur without the requirements of subsection (e) provided it is pursuant to a medical order by a licensed physician for managing drug therapy protocol approved by the medical staff of the institution.1961, Sept. 27, P.L. 1700, § 9.1, added 2002, June 29, P.L. 673, No. 102, § 2, effective in 60 days. Amended 2010, June 1, P.L. 201, No. 29, §3, effective in 60 days [ 8/2/2010].