(a) A pharmacist who provides prescription services to medical assistance recipients shall offer to discuss with each medical assistance recipient or caregiver who presents a prescription order for outpatient drugs any matter which, in the exercise of the pharmacist’s professional judgment, the pharmacist deems significant, which may include the following:

(1) The name and description of the medication;

(2) The dosage form, dosage, route of administration, and duration of drug therapy;

(3) Special directions, precautions for preparation, administration, and use by the patient;

(4) Common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;

(5) Techniques for self-monitoring drug therapy;

(6) Proper storage;

(7) Prescription refill information; and

(8) Action to be taken in the event of a missed dose.

(b) The offer to discuss may be made in the manner determined by the professional judgment of the pharmacist, which may include any 1 or a combination of the following:

(1) A face-to-face communication with the pharmacist or the pharmacist’s designee;

(2) A sign posted in such a manner that it can be seen by patients;

(3) A notation affixed to or written on the bag in which the prescription is to be dispensed;

(4) A notation contained on the prescription container;

(5) Communication by telephone; or

(6) Any other manner prescribed by rule.

(c) Nothing in this section shall be construed as requiring a pharmacist to provide consultation if the medical assistance recipient or caregiver refuses the consultation. These refusals shall be noted in the profile maintained in accord with subsection (d) of this section for a medical assistance recipient.

(d) A pharmacist shall make a reasonable effort to obtain, record, and maintain, at the individual pharmacy, the following minimal information regarding a medical assistance recipient receiving a prescription:

(1) Name, address, telephone number, date of birth or age, and gender;

(2) Individual patient history when significant, including known allergies and drug reactions, and a comprehensive list of medications and relevant devices; and

(3) Pharmacist comments relevant to the individual’s drug therapy, which may be recorded either manually or electronically in the patient’s profile, including any failure to accept the pharmacist’s offer to counsel.

(e) This section shall apply only to medical assistance recipients presenting prescriptions for covered outpatient drugs.

(f) The requirements of this section do not apply to refill prescriptions.

(g) The Mayor may adopt regulations implementing the provisions of this section to assure compliance with federal medical assistance requirements.

(Mar. 25, 1986, D.C. Law 6-99, § 1006a; as added Apr. 26, 1994, D.C. Law 10-102, § 2, 41 DCR 1002.)

1981 Ed., § 2-3310.6a.

For temporary addition of section, see § 2 of the Patient Counseling Emergency Amendment Act of 1992 (D.C. Act 9-371, December 31, 1992, 40 DCR 621). Section 3 of the Act provided that if any provisions of the act or the application thereof to any health care provider is deemed improper and would thereafter cause the denial of any portion of the federal share of payment for Medical Assistance expenditures by the United States Department of Health and Human Services, that provision shall be declared invalid, but the invalidity shall not affect other provisions or any other application of the act which can be given effect without the invalid provision or application.

For temporary addition of section, see § 2 of the Patient Counseling Emergency Amendment Act of 1993 (D.C. Act 10-143, November 4, 1993, 40 DCR 8074).

For temporary addition of section, see § 2 of the Patient Counseling Congressional Recess Emergency Amendment Act of 1994 (D.C. Act 10-178, January 25, 1994, 41 DCR 517).

Section 3 of D.C. Act 10-178 provided that if any provision of this act or the application thereof to any health care provider is deemed improper and would therefore cause the denial of any portion of the federal share of payment for Medical Assistance expenditures by the United States Department of Health and Human Services, then that provision shall be declared invalid, but the invalidity shall not affect other provisions or any other application of this act which can be given effect without the invalid provision or application.

For temporary (225 day) addition of section, see § 2 of Patient Counseling Temporary Amendment Act of 1992 (D.C. Law 9-258, March 25, 1993, law notification 40 DCR 2328).

For temporary (225 day) addition of section, see § 2 of Patient Counseling Temporary Amendment Act of 1993 (D.C. Law 10-84, March 19, 1994, law notification 41 DCR 1634).