PRINTER'S NO. 870
No. 743 Session of 2007
INTRODUCED BY DeLUCA, BARRAR, BENNINGTON, CALTAGIRONE, CASORIO,
CURRY, DALEY, FABRIZIO, GERGELY, MELIO, MOUL, MUNDY, MURT,
SIPTROTH, McILVAINE SMITH, SONNEY, STABACK AND TANGRETTI,
MARCH 19, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 19, 2007
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; providing for licensure
7 and permits for pharmacy technicians; and further providing
8 for multiple licensure, for sanctions, for administration,
9 for reinstatement, for penalties and for injunctions.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of September 27, 1961
13 (P.L.1700, No.699), known as the Pharmacy Act, is amended by
14 adding clauses to read:
15 Section 2. Definitions.--As used in this act:
16 * * *
17 (19) "Pharmacy technician" means an individual who is
18 licensed by the State Board of Pharmacy under section 2.1 to
19 assist in the practice of pharmacy.
20 (20) "Pharmacy technician trainee" means an individual who
1 holds a temporary permit issued by the State Board of Pharmacy
2 under section 2.1.
3 (21) "Direct, immediate and personal supervision of a
4 pharmacist" means:
5 (i) review by the pharmacist of the prescription or drug
6 order prior to dispensing;
7 (ii) verification by the pharmacist of the final product;
8 and
9 (iii) the pharmacist's immediate availability on the
10 premises to direct the work of the supervised individual and to
11 respond to questions or problems.
12 Section 2. The act is amended by adding a section to read:
13 Section 2.1. Licenses and Permits for Pharmacy
14 Technicians.--(a) The board may license as a pharmacy
15 technician any individual who pays an application fee prescribed
16 by regulation; who files an application for licensure,
17 subscribed by the individual under oath or affirmation,
18 containing information the board requires; and who, except as
19 set forth in subsection (b), complies with all of the following:
20 (1) Is not less than eighteen years of age and is a citizen
21 of the United States.
22 (2) Has a high school diploma or its equivalent.
23 (3) Has satisfied the board that the applicant is of good
24 moral character and is not unfit or unable to practice as a
25 pharmacy technician by reason of the extent or manner of his use
26 of alcoholic beverages or controlled substances or by reason of
27 a physical or mental disability.
28 (4) Has completed a pharmacy technician training program
29 approved by the board.
30 (5) Has passed a nationally recognized pharmacy technician
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1 certification examination approved by the board.
2 (6) Has not been convicted of a felonious act prohibited by
3 the act of April 14, 1972 (P.L.233, No.64), known as "The
4 Controlled Substance, Drug, Device and Cosmetic Act," or
5 convicted of a felony relating to a controlled substance in a
6 court of law of the United States or any other state, territory
7 or country unless:
8 (i) at least ten years have elapsed from the date of
9 conviction; and
10 (ii) the applicant satisfactorily demonstrates to the board
11 that the applicant has made significant progress in personal
12 rehabilitation since the conviction such that licensure of the
13 applicant should not be expected to create a substantial risk of
14 harm to the health and safety of patients or the public or a
15 substantial risk of further criminal violations.
16 As used in this clause the term "convicted" shall include a
17 judgment, an admission of guilt or a plea of nolo contendere. An
18 applicant's statement on the application declaring the absence
19 of a conviction shall be deemed satisfactory evidence of the
20 absence of a conviction, unless the board has some evidence to
21 the contrary.
22 (b) The following apply:
23 (1) Notwithstanding subsection (a)(4) and (5), the board
24 shall issue a license to all of the following:
25 (i) An individual who, at the time of filing an application,
26 has obtained a license or its equivalent as a pharmacy
27 technician in another state, territory or possession of the
28 United States which has licensing requirements comparable to
29 those set forth in this section and regulations of the board.
30 (ii) An individual who:
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1 (A) applies for licensure within one year after the
2 effective date of this section; and
3 (B) on the effective date of this section maintains a
4 current certification by a nationally recognized pharmacy
5 technician association.
6 (2) Notwithstanding subsection (a)(2), (4) and (5), the
7 board shall issue a license to an individual who:
8 (i) applies for licensure within one year after the
9 effective date of this section; and
10 (ii) demonstrates to the satisfaction of the board proof of
11 practice as a pharmacy technician for at least two thousand
12 hours immediately prior to the date of application.
13 (c) A license shall authorize the licensee to assist in the
14 practice of pharmacy under the direct, immediate and personal
15 supervision of a pharmacist.
16 (d) A license is subject to biennial renewal. The board
17 shall establish a fee for renewal by regulation.
18 (e) The following apply to pharmacy technician trainees:
19 (1) The board shall issue a temporary permit to practice as
20 a pharmacy technician trainee to an applicant who is 17 years of
21 age or older and meets the requirements of subsection (a)(3) and
22 (6).
23 (2) A temporary practice permit shall be issued for one year
24 and may be extended for a single six-month period upon
25 verification to the satisfaction of the board that the trainee
26 has completed the board-approved training program.
27 (3) A temporary permit shall not be reissued.
28 (4) A temporary permit shall authorize the permittee to
29 perform the duties of a pharmacy technician under the direct,
30 immediate and personal supervision of a pharmacist.
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1 (f) Identification requirements are as follows:
2 (1) A pharmacy technician shall wear a name tag that clearly
3 identifies the pharmacy technician with the title "licensed
4 pharmacy technician."
5 (2) A holder of a temporary permit shall wear a name tag
6 that clearly identifies the temporary permit holder with the
7 title "pharmacy technician trainee."
8 (g) This section shall not apply to a student who is
9 enrolled in an accredited school of pharmacy and who is in the
10 first or second year of the program.
11 Section 3. Section 3.2 of the act, added December 20, 1985
12 (P.L.433, No.111), is amended to read:
13 Section 3.2. Reporting of Multiple Licensure.--Any
14 [licensed] pharmacist or pharmacy technician of this
15 Commonwealth who is also licensed [to practice pharmacy] in any
16 other state, territory or country shall report this information
17 to the board on the biennial registration application. Any
18 disciplinary action taken in other states, territories and
19 countries shall be reported to the board on the biennial
20 registration application or within ninety days of final
21 disposition, whichever is sooner. Multiple licensure shall be
22 noted by the board on the [pharmacist's] licensee's record, and
23 such state, territory or country shall be notified by the board
24 of any disciplinary actions taken against [said pharmacist] that
25 licensee in this Commonwealth.
26 Section 4. Section 5(c) of the act, amended December 20, 1985
27 (P.L.433, No.111), is amended and the section is amended by
28 adding a subsection to read:
29 Section 5. Refusal to Grant, Revocation and Suspension.--* *
30 *
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1 (a.1) The board shall have the power to refuse, revoke or
2 suspend the license of any pharmacy technician upon proof
3 satisfactory to it that the pharmacy technician has done any of
4 the following:
5 (1) Procured a personal license through fraud,
6 misrepresentation or deceit.
7 (2) Has been found guilty, pleaded guilty, entered a plea of
8 nolo contendere, or has received probation without verdict,
9 disposition in lieu of trial or an Accelerated Rehabilitative
10 Disposition in the disposition of felony charges, to any offense
11 in connection with the practice of pharmacy or any offense
12 involving moral turpitude before any court of record of any
13 jurisdiction.
14 (3) Is unfit to practice as a pharmacy technician because of
15 intemperance in the use of alcoholic beverages, controlled
16 substances or any other substance which impairs the intellect
17 and judgment to such an extent as to impair the performance of
18 professional duties.
19 (4) Is unfit or unable to practice as a pharmacy technician
20 by reason of a physical or mental disease or disability. In
21 enforcing this clause, the board shall, upon probable cause,
22 have authority to compel a pharmacy technician to submit to a
23 mental or physical examination by physicians or psychologists
24 approved by the board. Failure of a pharmacy technician to
25 submit to examination when directed by the board, unless due to
26 circumstances beyond the pharmacy technician's control, shall
27 constitute an admission of the allegations against the pharmacy
28 technician, consequent upon which a default and final order may
29 be entered without the taking of testimony or presentation of
30 evidence. A pharmacy technician affected under this clause shall
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1 at reasonable intervals be afforded an opportunity to
2 demonstrate that ability to resume a competent practice as a
3 pharmacy technician with reasonable skill and safety to
4 patients.
5 (5) Has had a license to practice as a pharmacy technician
6 denied, revoked or suspended by an appropriate pharmacy
7 technician licensing authority or has received disciplinary
8 action from an appropriate pharmacy technician licensing
9 authority.
10 (6) Has acted in such a manner as to present an immediate
11 and clear danger to the public health or safety.
12 (7) Is guilty of incompetence, gross negligence or other
13 malpractice, or the departure from, or failure to conform to,
14 the standards of acceptable and prevailing pharmacy technician
15 practice, in which case actual injury need not be established.
16 * * *
17 (c) When the board finds that [the] a license [of any
18 pharmacist] may be refused, revoked or suspended under the terms
19 of subsection (a) or (a.1), the board may:
20 (1) Deny the application for a license.
21 (2) Administer a public reprimand.
22 (3) Revoke, suspend, limit or otherwise restrict a license
23 as determined by the board.
24 (4) Require a licensee to submit to the care, counseling or
25 treatment of a physician or a psychologist designated by the
26 board. This clause does not apply to a pharmacy technician.
27 (5) Suspend enforcement of its finding thereof and place a
28 licensee on probation with the right to vacate the probationary
29 order for noncompliance.
30 (6) Restore or reissue, in its discretion, a suspended
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1 license [to practice pharmacy] and impose any disciplinary or
2 corrective measure which it might originally have imposed.
3 * * *
4 Section 5. Section 6(k) of the act, amended December 20,
5 1985 (P.L.433, No.111), is amended to read:
6 Section 6. State Board of Pharmacy.--* * *
7 (k) The board shall have the power, and it shall be its
8 duty:
9 (1) To regulate the practice of pharmacy and of pharmacy
10 technicians;
11 (2) To determine the nature of examinations for all
12 applicants for [pharmacists'] licenses;
13 (3) To examine, inspect and investigate all applications and
14 all applicants for licensure as pharmacists, pharmacy
15 technicians, pharmacies or registration as pharmacy interns and
16 to grant certificates of licensure or registration to all
17 applicants whom it shall judge to be properly qualified;
18 (4) With the approval of the Commissioner of Professional
19 and Occupational Affairs, to prepare position descriptions,
20 employ inspectors who shall be licensed pharmacists and employ
21 appropriate consultants to assist it for any purposes which it
22 may deem necessary, provided that the board may not delegate any
23 of its final decisionmaking responsibilities to any consultant;
24 (5) To investigate or cause to be investigated all
25 violations of the provisions of this act and its regulations and
26 to cause prosecutions to be instituted in the courts upon advice
27 from the Attorney General;
28 (6) To make or order inspections of all pharmacies, except
29 health care facilities, as defined in the act of July 19, 1979
30 (P.L.130, No.48), known as the "Health Care Facilities Act," and
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1 which are periodically inspected by the Department of Health in
2 accordance with the standards in this act and the board's
3 regulations promulgated thereto: Provided, That the Department
4 of Health shall forward a copy of their inspection report to the
5 board noting any violations of the act: And, provided further,
6 That, if a violation is reported, the board shall have the power
7 to inspect such pharmacies and take appropriate action as
8 specified in this act; and to make or order inspections of other
9 places in which drugs or devices are stored, held, compounded,
10 dispensed or sold to a consumer, to take and analyze any drugs
11 or devices and to seize and condemn any drugs or devices which
12 are adulterated, misbranded or stored, held, dispensed,
13 distributed or compounded in violation of the provisions of this
14 act or the provisions of the act of April 14, 1972 (P.L.233,
15 No.64), known as "The Controlled Substance, Drug, Device and
16 Cosmetic Act";
17 (7) To conduct hearings for the revocation or suspension of
18 licenses, permits or registrations, for which hearings the board
19 shall have the power to subpoena witnesses;
20 (8) To assist the regularly constituted enforcement agencies
21 of this Commonwealth in enforcing all laws pertaining to drugs,
22 controlled substances, and practice of pharmacy;
23 (8.1) To approve programs for the training of pharmacy
24 technicians.
25 (9) To promulgate rules and regulations to effectuate the
26 purposes of this act and to regulate the distribution of drugs
27 and devices and the practice of pharmacy for the protection and
28 promotion of the public health, safety and welfare.
29 * * *
30 Section 5.1. Section 7 of the act is amended by adding a
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1 subsection to read:
2 Section 7. Hearings and Suspensions.--* * *
3 (e) Notwithstanding any other provision, subsections (d.3),
4 (d.4), (d.5), (d.6), (d.7) and (d.8) shall not apply to pharmacy
5 technicians.
6 Section 5.2. Sections 7.1, 8(2) and (8) and 8.1 of the act,
7 amended or added December 20, 1985 (P.L.433, No.111), are
8 amended to read:
9 Section 7.1. Reinstatement of License, Certificate or
10 Registration.--Unless ordered to do so by Commonwealth Court or
11 an appeal therefrom, the board shall not reinstate the license,
12 certificate or registration of a person to practice [pharmacy]
13 pursuant to this act which has been revoked. Any person whose
14 license, certificate or registration has been revoked may apply
15 for reinstatement, after a period of at least five years, but
16 must meet all of the licensing qualifications of this act for
17 the license applied for, to include the examination requirement,
18 if he or she desires to practice at any time after such
19 revocation.
20 Section 8. Unlawful Acts.--It shall be unlawful for:
21 * * *
22 (2) Any person not duly licensed as a pharmacist, pursuant
23 to section 3 hereof, to engage in the practice of pharmacy,
24 including the preparing, compounding, dispensing, selling or
25 distributing at retail to any person any drug, except by a
26 pharmacy intern, pharmacy technician or such other authorized
27 personnel under the direct and immediate personal supervision of
28 a pharmacist: Provided, however, That nothing herein shall be
29 construed to prevent a duly licensed medical practitioner from
30 dispensing, compounding or otherwise giving any drug to his own
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1 patients after diagnosis or treatment of said patient, if such
2 compounding, preparing and dispensing is done by said licensee
3 himself, nor shall anything herein prevent any person from
4 selling or distributing at retail household remedies or
5 proprietary medicines when the same are offered for sale or sold
6 in the original packages which have been put up ready for sale
7 to consumers, provided household remedies or proprietary
8 medicines shall not include any controlled substances or non-
9 proprietary drug under the act of April 14, 1972 (P.L.233,
10 No.64), known as "The Controlled Substance, Drug, Device and
11 Cosmetic Act."
12 * * *
13 (8) Any person, firm or corporation to use the title
14 "pharmacist", "assistant pharmacist", "pharmacy technician",
15 "pharmacy technician trainee", "druggist"[,] or "apothecary",
16 except a person duly licensed as a pharmacist or a pharmacy
17 technician in Pennsylvania, or any person to conduct or transact
18 business under a name which contains as part thereof the words
19 "drug store", "pharmacy", "drugs", "medicine store",
20 "medicines", "drug shop," "apothecary," "pharmaceutical,"
21 "homeopathic," "homeopathy" or any term having a similar
22 meaning, or in any manner by advertisement, display of show
23 globes or otherwise describe or refer to the place of the
24 conducted business or person, unless the place is a pharmacy
25 duly issued a permit by the State Board of Pharmacy.
26 * * *
27 Section 8.1. Injunction.--It shall be unlawful for any
28 person to practice or attempt to offer to practice pharmacy or
29 as a pharmacy technician, as defined in this act, without having
30 at the time of so doing a valid, unexpired, unrevoked and
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1 unsuspended license issued under this act. The unlawful practice
2 of pharmacy as defined in this act may be enjoined by the courts
3 on petition of the board or the Commissioner of Professional and
4 Occupational Affairs. In any such proceeding it shall not be
5 necessary to show that any person is individually injured by the
6 actions complained of. If it is found that the respondent has
7 engaged in the unlawful practice of pharmacy, the court shall
8 enjoin him or her from so practicing unless and until he or she
9 has been duly licensed. Procedure in such cases shall be the
10 same as in any other injunction suit. The remedy by injunction
11 hereby given is in addition to any other civil or criminal
12 prosecution and punishment.
13 Section 6. The State Board of Pharmacy shall promulgate
14 regulations to implement section 2.1 of the act within 18 months
15 of the effective date of this section.
16 Section 7. No individual is required to be licensed as a
17 pharmacy technician under section 2.1 of the act until 18 months
18 after the State Board of Pharmacy has promulgated regulations
19 under section 6 of this act.
20 Section 8. This act shall take effect immediately.
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