Sec. 20-635. Prescription error reporting. Definitions. Informational signs and statements. Regulations. Nondisclosure of records.
Sec. 20-635. Prescription error reporting. Definitions. Informational signs
and statements. Regulations. Nondisclosure of records. (a) As used in this section:
(1) "Dispensing" means those acts of processing a drug for delivery or for administration for a patient pursuant to a prescription consisting of: (A) Comparing the directions
on the label with the directions on the prescription to determine accuracy; (B) the selection of the drug from stock to fill the prescription; (C) the counting, measuring, compounding or preparation of the drug; (D) the placing of the drug in the proper container;
(E) the affixing of the label to the container; and (F) the addition to a written prescription
of any required notations;
(2) "Drug" means (A) an article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National
Formulary, or any supplement to any of them, (B) an article intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in humans, (C) an article,
other than food, intended to affect the structure or any function of the body of humans;
(3) "Pharmacy" means a place of business where drugs may be sold at retail and
for which a pharmacy license has been issued to an applicant under the provisions of
section 20-594. For the purposes of this section, "pharmacy" shall include any areas of an
institutional pharmacy where prescription drugs are dispensed to outpatients, employees
and retirees;
(4) "Prescribing practitioner" means an individual licensed by the state of Connecticut, any other state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico or any territory or insular possession subject to the jurisdiction of the
United States who is authorized to issue a prescription within the scope of the individual's practice;
(5) "Prescription" means a lawful order of a prescribing practitioner transmitted
either orally, in writing or by electronic means for a drug for a specific patient; and
(6) "Prescription error" means an act or omission of clinical significance relating
to the dispensing of a drug that results in or may reasonably be expected to result in
injury to or death of a patient.
(b) Each pharmacy shall display a sign concerning the reporting of prescription
errors in a conspicuous location visible to consumers of prescription drugs. The sign
shall measure a minimum of eight inches in height and ten inches in length and the
lettering shall be in a size and style that allows such sign to be read without difficulty
by consumers standing at the pharmacy prescription department distribution counter.
The sign shall bear the following statement: "If you have a concern that an error may
have occurred in the dispensing of your prescription you may contact the Department
of Consumer Protection, Drug Control Division, by calling (Department of Consumer
Protection telephone number authorized pursuant to section 21a-2 of the general
statutes)".
(c) Each pharmacy that dispenses a prescription to a consumer shall include the
following printed statement on the receipt or in the bag or other similar packaging in
which the prescription is contained: "If you have a concern that an error may have
occurred in the dispensing of your prescription you may contact the Department of
Consumer Protection, Drug Control Division, by calling (Department of Consumer Protection telephone number authorized pursuant to section 21a-2 of the general statutes)".
The statement shall be printed in a size and style that allows such statement to be read
without difficulty by consumers.
(d) The Commissioner of Consumer Protection shall adopt regulations, with the
advice and assistance of the Commission of Pharmacy, in accordance with chapter 54,
concerning the implementation of a quality assurance program designed to detect, identify and prevent prescription errors in pharmacies. Such regulations shall require that
each pharmacy implement a quality assurance program that describes in writing policies
and procedures to be maintained in such pharmacy. Such policies and procedures shall
include directions for communicating the details of a prescription error to the prescribing
practitioner and to the patient, the patient's caregiver or appropriate family member
if the patient is deceased or is unable to fully comprehend the communication. Such
communication shall describe methods of correcting the prescription error or reducing
the negative impact of the error on the patient. Such regulations shall require that records
of all reported prescription errors shall be maintained in a manner ready for inspection
for a minimum period of three years and that such records shall be made available for
inspection by the Commissioner of Consumer Protection within forty-eight hours in
any case where the commissioner is investigating a report of a prescription error.
(e) Records collected or maintained pursuant to this section shall not be required
to be disclosed pursuant to subsection (a) of section 1-210 for a period of six months
from the date such records were created pursuant to subsections (c) and (d) of this section
and shall not be subject to subpoena or discovery or introduced into evidence in any
judicial proceeding except as otherwise specifically provided by law.
(P.A. 02-48, S. 1; P.A. 03-164, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 03-164 added Subsec. (e) re disclosure of records; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced
Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.