PRINTER'S NO. 403
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
456
Session of
2015
INTRODUCED BY RAFFERTY, BROWNE, TARTAGLIONE AND VANCE,
FEBRUARY 12, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 12, 2015
AN ACT
Amending the act of September 27, 1961 (P.L.1700, No.699),
entitled "An act relating to the regulation of the practice
of pharmacy, including the sales, use and distribution of
drugs and devices at retail; and amending, revising,
consolidating and repealing certain laws relating thereto,"
further providing for definitions; and providing for
registration, qualifications and supervision of pharmacy
technicians and pharmacy technician trainees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, is amended by
adding clauses to read:
Section 2. Definitions.--As used in this act:
* * *
(19) " Pharmacy technician " means an individual who is
registered with the State Board of Pharmacy as a pharmacy
technician and who may assist in the practice of pharmacy under
the immediate supervision of a licensed pharmacist after meeting
the requirements of this act and the regulations promulgated
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pursuant to this act.
(20) " Pharmacy technician trainee " means an individual who
has been issued a temporary permit by the State Board of
Pharmacy which authorizes that individual to perform the duties
of a pharmacy technician under the immediate supervision of a
licensed pharmacist.
(21) " Immediate supervision " means a level of control which
assures that a pharmacist has the ultimate responsibility for
the accuracy, safety and patient outcome with respect to the
actions of pharmacy technicians and pharmacy technician trainees
and the use of automation in all practice settings.
Section 2. The act is amended by adding a section to read:
Section 3.3. Pharmacy Technician Registration,
Qualifications and Supervision.--(a) The board shall, within
eighteen months of the effective date of this section,
promulgate regulations governing the use of pharmacy technicians
and the duties of pharmacy technicians in pharmacies licensed by
the board. The regulations shall provide that pharmacy
technicians be responsible to and under the immediate
supervision of a pharmacist licensed by the board.
(b) (1) A pharmacy technician shall register with the board
annually, on a form prescribed by the board, and pay a
registration fee as determined by the board.
(2) The board shall, within eighteen months of the effective
date of this section, promulgate regulations governing the
registration of pharmacy technicians and standards for
recognition and approval of training programs for pharmacy
technicians.
(3) No registration for a pharmacy technician may be issued
if the applicant is unfit or unable to practice under section
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3(a)(2) or has been convicted of an offense described under
section 3(a)(6) in this Commonwealth or another state.
(4) The regulations shall require that a pharmacy technician
meet all of the following:
(i) Be at least seventeen years of age.
(ii) Have completed a board-approved training program for
pharmacy technicians.
(iii) Have submitted a criminal history background check.
(c) (1) The board shall renew, revoke or suspend the
registration of pharmacy technicians pursuant to regulations
promulgated by the board.
(2) This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth
agency action).
(d) (1) Unless ordered to do so by a court, the board shall
not reinstate the registration of an individual whose
registration to practice as a pharmacy technician has been
revoked or if the individual is unfit or unable to practice
under section 3(a)(2) or has been convicted of an offense
described under section 3(a)(6).
(2) If an individual desires to practice after revocation,
the individual must apply for registration after a five-year
period in accordance with this section.
(e) (1) Upon the submission of a written application, on
forms provided by it, the board may issue a temporary permit to
an applicant who has met the requirements of subsection (b)(1).
(2) The board shall issue only one temporary permit to an
applicant, and the temporary permit shall expire one year after
the date of issue.
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(3) Issuance by the board of a temporary permit shall
authorize the applicant to perform the duties of a pharmacy
technician.
(4) Upon expiration, the temporary permit shall be promptly
returned by the applicant to the board.
(f) (1) A pharmacy technician shall wear a name tag that
clearly identifies the pharmacy technician with the title
"registered pharmacy technician."
(2) A holder of a temporary permit issued pursuant to
subsection (e) shall wear a name tag that clearly identifies the
temporary permit holder with the title "pharmacy technician
trainee."
Section 3. A person may not be required to register as a
pharmacy technician under section 3.3 of the act until 18 months
after the board has promulgated the regulations required by
section 3.3 of the act.
Section 4. This act shall take effect immediately.
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