Section 338.490. Professional responsibility; "caregiver" defined.

(1) A pharmacist has a professional responsibility for the strength, quality, purity, and the labeling of all drugs and devices dispensed under  a prescription.   In  discharging  this   responsibility,  a pharmacist shall utilize only those

drugs and devices that are obtained   from manufacturers and wholesale distributors licensed under section 17748 of  the code or from other lawful channels of distribution.

(2)         A pharmacist shall not fill a prescription order if, in the pharmacist's professional judgment, any of the following provisions apply:

(a)     The prescription appears to be improperly written.

(b)     The prescription is susceptible to more than 1 interpretation.

(c)      The pharmacist has reason to believe that the prescription could cause harm to the patient.

(d)      The pharmacist has reason to believe that the prescription will be used for other than legitimate medical purposes.

(3)       A prescription drug shall only be dispensed when the pharmacy is open and under the personal charge of a pharmacist.

(4)          To encourage intended, positive patient outcomes, a pharmacist shall communicate, to the patient or the patient’s caregiver, necessary and appropriate information regarding safe and effective medication use at the time a prescription is dispensed. As used in this subrule, "caregiver" means the parent, guardian, or other individual who has assumed responsibility for providing a patient’s care. All of the following provisions apply to communicating medication safety and effectiveness information:

(a)     The information shall be communicated orally and in person, except when the patient or patient’s caregiver is not at the pharmacy or when a specific communication barrier prohibits oral communication. In either situation, providing printed material designed to help the patient use the medication safely and effectively satisfies the requirements of this subrule.

(b)        The information shall be provided with each prescription for a drug not previously prescribed for the patient.

(c)      If the pharmacist deems it appropriate, the information shall be provided with prescription refills.

(d)      The information shall be provided if requested by the patient or patient’s caregiver or agent for any prescription dispensed by the pharmacy. This subrule does not require that a pharmacist provide consultation if a patient or a patient’s caregiver refuses consultation. This subrule does not apply to prescriptions dispensed for administration to a patient while the patient is in a medical institution.

(5)      Pharmacist delegation of acts, tasks, or functions shall  be   in compliance with section 16215 of the code and under the personal charge of the delegating pharmacist, except as provided in R 338.486(3). A pharmacist who delegates acts, tasks, or functions to a licensed or unlicensed person shall do all of the following:

(a)         Determine the knowledge and skill required to safely and competently complete the specific act, task, or function to be delegated.

(b)         Before delegating an act, task, or function, make a determination that the delegatee has the necessary knowledge  and  skills  to   safely  and competently complete the act, task, or function.

(c)        Provide written procedures or protocols, or both, to be followed by the delegatee in the performance of the delegated act, task, or function.

(d)    Supervise and evaluate the performance of the delegatee.

(e)     Provide remediation of the performance of the delegatee if indicated.

(6)            A delegating pharmacist shall bear the ultimate responsibility for the performance of delegated acts, tasks, and functions performed by the delegatee within the scope of the  delegation.

History: 1979 AC; 1990 AACS; 1998-2000 AACS.