PRINTER'S NO. 1256
No. 959 Session of 2005
INTRODUCED BY RAFFERTY, STACK, ERICKSON, PUNT, ORIE AND RHOADES,
OCTOBER 24, 2005
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 24, 2005
AN ACT
1 Amending the act of September 27, 1961 (P.L.1700, No.699),
2 entitled "An act relating to the regulation of the practice
3 of pharmacy, including the sales, use and distribution of
4 drugs and devices at retail; and amending, revising,
5 consolidating and repealing certain laws relating thereto,"
6 further providing for definitions; and providing for
7 registration, qualifications and supervision of pharmacy
8 technicians and pharmacy technician trainees.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2 of the act of September 27, 1961
12 (P.L.1700, No.699), known as the Pharmacy Act, is amended by
13 adding clauses to read:
14 Section 2. Definitions.--As used in this act:
15 * * *
16 (19) "Pharmacy technician" means an individual who is
17 registered with the State Board of Pharmacy as a pharmacy
18 technician and who may assist in the practice of pharmacy under
19 the immediate supervision of a licensed pharmacist after meeting
20 the requirements of this act and the regulations promulgated
1 pursuant to this act.
2 (20) "Pharmacy technician trainee" means an individual who
3 has been issued a temporary permit by the State Board of
4 Pharmacy which authorizes that individual to perform the duties
5 of a pharmacy technician under the immediate supervision of a
6 licensed pharmacist.
7 (21) "Immediate supervision" means a level of control which
8 assures that a pharmacist has the ultimate responsibility for
9 the accuracy, safety and patient outcome with respect to the
10 actions of pharmacy technicians and pharmacist interns and the
11 use of automation in all practice settings.
12 Section 2. The act is amended by adding a section to read:
13 Section 3.3. Pharmacy Technician Registration,
14 Qualifications and Supervision.--(a) The board may promulgate
15 regulations governing the use of pharmacy technicians and the
16 duties of pharmacy technicians in pharmacies licensed by the
17 board. Regulations shall provide that pharmacy technicians be
18 responsible to and under the immediate supervision of a
19 pharmacist licensed by the board.
20 (b) A pharmacy technician shall register with the board
21 annually, on a form prescribed by the board, and pay a
22 registration fee as determined by the board. The board may
23 promulgate regulations governing the registration of pharmacy
24 technicians and standards for recognition and approval of
25 training programs for pharmacy technicians. No registration for
26 a pharmacy technician may be issued if the applicant has been
27 convicted of an offense classified as a misdemeanor or felony in
28 this Commonwealth or another state. Regulations shall require
29 that a pharmacy technician:
30 (1) have a high school diploma or a high school equivalency
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1 certificate or be working to achieve an equivalent diploma or
2 certificate.
3 (2) Except as set forth in subsection (g), have passed a
4 board-approved pharmacy technician certification examination.
5 (3) Have completed a board-approved training program for
6 pharmacy technicians.
7 (4) Have submitted a criminal history background check.
8 (c) The board shall renew, revoke or suspend the
9 registration of pharmacy technicians pursuant to regulations
10 promulgated by the board. This subsection is subject to 2
11 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
12 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
13 review of Commonwealth agency action).
14 (d) Unless ordered to do so by a court, the board shall not
15 reinstate the registration of an individual whose registration
16 to practice as a pharmacy technician has been revoked or if the
17 individual has been convicted of an offense classified as a
18 misdemeanor or felony in this Commonwealth or another state. If
19 an individual desires to practice after revocation, the
20 individual must apply for registration after a five-year period
21 in accordance with this section.
22 (e) Upon the submission of a written application, on forms
23 provided by it, the board shall issue a temporary permit to an
24 applicant who has met all of the requirements of subsection
25 (b)(1) and who is eligible to take the examination provided for
26 in subsection (b)(2). The board shall issue only one temporary
27 permit to an applicant, and the temporary permit shall expire
28 one year after the date of issue. Issuance by the board of a
29 temporary permit shall authorize the applicant to perform the
30 duties of a pharmacy technician as defined in this act. Upon
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1 expiration, the temporary permit shall be promptly returned by
2 the applicant to the board.
3 (f) A pharmacy technician shall wear a name tag that clearly
4 identifies the pharmacy technician with the title "registered
5 pharmacy technician." A holder of a temporary permit issued
6 pursuant to subsection (e) shall wear a name tag that clearly
7 identifies the temporary permit holder with the title "pharmacy
8 technician trainee."
9 (g) The requirements of subsection (b)(2) shall not apply
10 and a registration shall be issued without examination to an
11 applicant who has submitted an application for registration,
12 accompanied by the required fee, within one year of the board's
13 promulgation of final regulations required by this section and
14 can demonstrate proof of practice as a pharmacy technician for
15 at least three consecutive years immediately prior to the date
16 of application for registration.
17 Section 3. The board shall promulgate the regulations
18 required by section 3.3 of the act within 18 months of the
19 effective date of this section.
20 Section 4. No person is required to register as a pharmacy
21 technician under section 3.3 of the act until 18 months after
22 the board has promulgated the regulations required by that
23 section.
24 Section 5. This act shall take effect immediately.
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