TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1330 PHARMACY PRACTICE ACT
SECTION 1330.700 PATIENT COUNSELING
Section 1330.700 Patient Counseling
a) Upon receipt of a new or refill prescription, a prospective drug regimen review or drug utilization evaluation shall be performed. An offer to counsel shall be made on all prescriptions. If the offer to counsel is accepted, the pharmacist or the student pharmacist, as directed and supervised by the pharmacist, shall counsel the patient or patient's agent using his or her professional judgment. Counseling shall include, but is not limited to:
1) Name and description of medication;
2) Dosage form and dosage;
3) Route of administration;
4) Duration of therapy;
5) Techniques for self-monitoring;
6) Proper storage;
7) Refill information;
8) Actions to be taken in cases of missed doses;
9) Special directions and precautions for preparation, administration and use;
10) Common severe side effects, adverse effects, or interactions and therapeutic contraindications that may be encountered, including their avoidance and the action required if they occur.
b) If, in the pharmacist's professional judgment, oral counseling is not practicable for the patient or patient's agent, the pharmacist shall use alternative forms of patient information. When used in place of oral counseling, alternative forms of patient information shall advise the patient or agent that the pharmacist may be contacted for consultation in person at the pharmacy or by toll-free or collect telephone service.
c) The pharmacist is responsible for maintaining patient profiles as defined in Section 3(s) of the Act. A reasonable effort shall be made to obtain information, including, but not limited to, the following:
1) Name, date of birth (age), gender, address and telephone number;
2) Individual history, when significant, including disease state, known allergies, drug interactions, and a comprehensive list of medications and relevant devices; and
3) Pharmacist's comments relevant to the individual's therapy.
d) Patient identifiable information obtained by the pharmacist or the pharmacist's designee for the purpose of patient record maintenance, prospective drug review, drug utilization review and patient counseling shall be considered protected health information, as defined in Section 3(cc) of the Act. A pharmacist shall provide counseling related to protected health information in a discreet, supportive and informative manner.
e) A pharmacist at an institutional pharmacy shall provide patient counseling as required in this Section when drugs are dispensed by the pharmacy upon a patient's discharge from the institution.
f) When a patient or patient's agent refuses to accept patient counseling as provided in this Section, that refusal shall be documented. The absence of any record of a refusal to accept the offer to counsel shall be presumed to signify that the offer was accepted and that counseling was provided.
g) A pharmacist operating a remote pharmacy shall comply with the requirements of this Section. Counseling in those circumstances shall be done by both video and audio means.