Introduced By: Senators Izzo, Roberts, Walton, Perry and Cicilline
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-19-2, 5-19-4 and 5-19-38 of the General Laws in Chapter 5-19 entitled "Pharmacy" are hereby amended to read as follows:
5-19-2. Board of pharmacy -- Creation -- Composition. --
Within the department of health, there shall be a board of pharmacy,
herein referred to as the board, consisting of {DEL seven (7) DEL}
{ADD nine (9) ADD} persons, residents of the state, one of whom shall
be a registered pharmacist and a qualified elector, who is currently
employed in the department of pharmacy of a non-profit hospital
corporation in the state during his or her term of appointment,
and {DEL four (4) DEL} {ADD two (2) ADD} of whom shall be
qualified electors actively engaged in the practice of {DEL retail DEL}
{ADD independent ADD} pharmacy, {DEL one DEL} {ADD two (2) ADD} of whom shall be
{DEL a DEL} representative {ADD s ADD}of the Rhode Island drug chain stores {ADD , two
(2) of whom shall be qualified electors actively engaged in any
field of pharmacy practice ADD} and {DEL one DEL} {ADD two
(2) ADD} of whom shall be from the public. All members, except
the public member, shall be registered pharmacists and shall have
been engaged in the practice of pharmacy for five (5) consecutive
years in the state immediately prior to appointment.
{ADD 5-19-4. Board of pharmacy -- Quorum -- Officers -- Administrative
services. -- ADD} {DEL Three (3) members DEL} {ADD The
simple majority ADD} of the board of pharmacy shall constitute
a quorum. The board shall organize in the month of March of each
year by electing from its membership a chairperson and secretary
who shall record and maintain the minutes of each meeting. The
department of health shall furnish administrative services to
the board.
5-19-38. Pharmacists -- Substitution of drugs. -- Pharmacists when dispensing a prescription shall, unless requested otherwise by the purchaser in writing, substitute drugs containing the same active chemical ingredients of the same strength, quantity, and dosage form as that drug requested by the prescriber from approved prescription drug products in accordance with the provisions of section 21-31-16, unless ordered by the prescribing physician to dispense as written on the prescription form, or if the prescriber gives oral direction to that effect to the dispensing pharmacist. The requirements of this section shall not apply to an order to dispense a drug for immediate administration to a hospital in-patient. The pharmacist will make a product selection from approved prescription drug products and shall pass the savings on to the ultimate consumer, exclusive of the pharmacist's professional fee. The pharmacist may not charge a higher or different professional fee for the prescription drug product dispensed than that charged for the prescription drug product prescribed. When a drug product selection is made, the pharmacist shall indicate the product dispensed on the written prescription, or on the oral prescription, which has been reduced to writing.
SECTION 2. This act shall take effect upon passage.
