Missouri Regulations
Department of Commerce and Insurance/Board of Pharmacy
Code of State Regulations 2021-06-30
PUBLICATION DATE: 06/30/2021
ACTION DATE: 06/01/2021
EFFECTIVE DATE: 07/30/2021
PUBLICATION TYPE: Centralized Repository
REGISTER SOURCE: Vol. 46, No. 11, Missouri Register 2021-06-01 pp.968-969
PUBLICATION DATE: 06/01/2021
ACTION DATE: 06/01/2021
EFFECTIVE DATE: 07/30/2021
PUBLICATION TYPE: Register
REGISTER SOURCE: Vol. 46, No. 3, Missouri Register 2021-02-01 pp.183-184
PUBLICATION DATE: 02/01/2021
ACTION DATE: 01/04/2021
EFFECTIVE DATE: 01/19/2021
EXPIRATION DATE: 07/17/2021
PUBLICATION TYPE: Register
REGISTER SOURCE: Vol. 46, No. 3, Missouri Register 2021-02-01 pp.262-263
PUBLICATION DATE: 02/01/2021
ACTION DATE: 01/04/2021
COMMENT DEADLINE: 03/03/2021
PUBLICATION TYPE: Register
REGISTER SOURCE: Office of the Secretary of State 2021-01-19
PUBLICATION DATE: 01/19/2021
ACTION DATE: 01/04/2021
EFFECTIVE DATE: 01/19/2021
EXPIRATION DATE: 07/17/2021
PUBLICATION TYPE: Agency

Title 20-DEPARTMENT OF COMMERCE AND INSURANCE

Division 2220-State Board of Pharmacy

Chapter 6-Pharmaceutical Care Standards

ORDER OF RULEMAKING

By the authority vested in the Missouri Board of Pharmacy under sections 338.010, 338.140, and 338.220, RSMo Supp. 2020, the board amends a rule as follows:

20 CSR 2220-6.050 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on February 1, 2021 (46 MoReg 262-263). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The board received five (5) comments on the proposed amendment from CVS Health, Board of Pharmacy Chief Inspector Tom Glenski, and staff.

COMMENT #1: CVS Health supported the board's expansion of pharmacist technician activities. However, CVS Health recommended the board add a "grandfathering clause" that would allow pharmacy technicians who have administered immunizations during the COVID-19 pandemic to continue immunizing under the proposed amendment without being required to have a pharmacy technician certification.

RESPONSE: The board believes both pharmacy technician work experience and pharmacy technician certification are necessary to protect the public and to ensure pharmacy technicians are properly trained in vaccine administration. No changes have been made in response to the comment.

COMMENT #2: Tom Glenski, Board Chief Inspector, recommended the board amend subsection (1)(E) of this rule to be consistent with proposed changes to paragraph (4)(A)10. Specifically, Mr. Glenski recommended amending section (1) to provide that vaccines may be administered at any Missouri licensed pharmacy "as allowed" in the governing protocol.

RESPONSE AND EXPLANATION OF CHANGE: The board agrees and the rule has been amended as requested. The Board of Healing Arts agrees to make the proposed change to jointly promulgated rule 20 CSR 2150-5.025.

COMMENT #3: Tom Glenski recommended the board amend section (1) to remove the requirement that pharmacy technicians complete a vaccine administration program that includes training/instruction in current CDC vaccine guidelines and recommendations, basic immunology, and vaccine protection. Mr. Glenski noted these training elements are not required by the federal government for pharmacy technicians administering vaccines pursuant to the emergency COVID-19 Declaration issued by the U.S. Department of Health and Human Services under the federal Public Readiness and Emergency Preparedness Act (PREP Act).

RESPONSE: The board believes the proposed amendment would ensure pharmacy technicians are appropriately trained to administer all vaccines authorized by Chapter 338, RSMo. Significantly, education providers have discretion to determine the scope and level of training needed. Accordingly, no changes have been made in response to the comment.

COMMENT #4: Tom Glenski recommended the board amend sub-section (1)(E) of this rule to be consistent with proposed changes to rule 20 CSR 2220-6.040 which has also been filed for public comment. Mr. Glenski noted revised 20 CSR 2220-6.040 will allow a pharmacist to delegate medication administration to a pharmacy technician, if the pharmacy technician has one (1) year of work experience in Missouri or another U.S. state or territory. Mr. Glenski suggested the board amend 20 CSR 2220-6.050 to match the allowance in 20 CSR 2220-6.040.

RESPONSE AND EXPLANATION OF CHANGE: The board agrees with the comment and has amended the rule accordingly.

COMMENT #5: Staff members suggested the board amend subsec-tion (1)(A) to require that vaccines must be administered in accordance with "current" treatment guidelines established by the Centers for Disease Control (CDC) and the manufacturer's guidelines.

RESPONSE AND EXPLANATION OF CHANGE: The board agrees and has amended the rule to include the recommendation.

20 CSR 2220-6.050 Administration of Vaccines Per Protocol

(1) A pharmacist may administer vaccines authorized by Chapter 338, RSMo, pursuant to a written protocol with a Missouri licensed physician who is actively engaged in the practice of medicine. Unless otherwise restricted by the governing protocol, vaccines may be administered at any Missouri licensed pharmacy or at any non-phar-macy location as allowed in the governing protocol.

(A) Vaccines must be administered in accordance with current treatment guidelines established by the Centers for Disease Control (CDC) and the manufacturer's guidelines, provided CDC guidelines shall control in the event of a conflict. Vaccines may not be administered to persons under seven (7) years of age unless otherwise authorized by law.

(E) For purposes of this rule, a "qualified pharmacy technician" is defined as a currently registered Missouri pharmacy technician who

1. Holds an active pharmacy technician certification issued by a certification entity accredited by the National Commission for Certifying Agencies;

2. Has an initial and, if applicable, annual documented assessment of competency in vaccine administration; and

3. Has assisted in the practice of pharmacy as a registered/licensed pharmacy technician in the state of Missouri or another U.S. state or territory for a minimum of one (1) year.