Bill Description: HB 351 would make several changes to the Pharmacy Practice Act, which governs the pharmaceutical industry in Idaho.
Rating: +2
Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
HB 351 would remove the requirement that individuals, who have had a lapsed pharmaceutical license, submit to a fingerprint-based background check in order to have their license reinstated. The fingerprint background checks add a time-consuming step to the process and require potential licensees to pay more than necessary for their license. To eliminate this requirement would make the process less onerous for those who seek to reinstate their license.
(+1)
Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?
HB 351 would also expand the Board of Pharmacy’s authority to manage, participate in, or promote new programs. The new programs could include “education, research, or public service programs or initiatives,” so long as they are in conjunction with the responsibilities and the purpose of the Board of Pharmacy.
(-1)
Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
This bill would also simplify the requirements for licensure by reciprocity. HB 351 would eliminate the requirement that a licensee has practiced for one full year in another state or has met the internship requirements in the past year ( HB 351 - Page 13, Lines 8-10). Simplifying the procedure and requirements for individuals who have already proved they are qualified for licensure will ensure that Idaho is an attractive place for these individuals to come and work.
(+1)
However, this bill would eliminate the temporary reciprocity license that the board currently offers to individuals who are applying for the full license through reciprocity with other states (HB 351 - Page 13, Lines 25-50). The existing temporary license is valid for up to 16 weeks and allows people in the midst of the full license application process to continue to work while in this waiting period. To eliminate the temporary reciprocity license would make it less attractive to obtain licensure in Idaho and prevent a qualified pharmacist from working during the waiting period.
(-1)
HB 351 would allow pharmaceutical prescribers more leeway to prescribe medicine that they would otherwise be prohibited from doing under current law. If a prescriber diagnoses an infectious disease in his patient, HB 351 would allow them to prescribe antimicrobials to others who have been in contact with this individual in order to prevent a further outbreak of the infectious disease. This is a common sense reform that will allow prescribers to use their knowledge to further protect the public from outbreaks. (HB 351 - Page 20, Lines 14-17).
(+1)
HB 351 would update the Pharmacy Practice Act and allow for the electronic transmission of prescription orders from prescribers to pharmacies, which distribute the medicine. (HB 351 - Page 20, Lines 44-45). The current law only allows for the delivery of the originally-signed written prescription.
(+1)
This bill would also exempt veterinary drug outlets, which only dispense minor drugs for animals, from having to register with the board. This would ease the restrictions on entities who engage only in this industry and not in the more regulated market for personal pharmaceuticals. ( HB 351 - Page 11, Lines 7-11).
(+1)
Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
HB 351 would remove the caps on the fees that the Board of Pharmacy can impose on individuals who seek licensure (HB 351 - Page 8, Lines 14-22). Eliminating this would allow the Board to raise fees above the current amounts, which are capped at amounts ranging from $100 up to $500.
(-1)
HB 351 would do the same for drug outlets, facilities that dispense or distribute drugs. The bill would eliminate the caps that range from $100 to $500 for registration of these facilities (Page 19, Lines 5-9).
(-1)
HB 351 will also eliminate the requirement for a license or registration to sell non-prescription drugs at any facility (HB 351 - Page 18, Lines 13-14). This requirement applies to convenience stores which sell minor drugs (i.e., Tylenol, Advil, etc.) facilities that might sell the same in vending machines, along with many others. The Board charges a fee to issue this registration, so, by eliminating this requirement it will save these businesses both the time it takes to apply for the registration and the small fee.
(+1)
Note: This analysis was updated January 23 to better reflect the full scope of the legislation.
