PRIOR PRINTER'S NOS. 348, 1692 PRINTER'S NO. 1720
No. 313 Session of 2007
INTRODUCED BY RAFFERTY, STACK, ERICKSON, TARTAGLIONE, ORIE, LOGAN AND BROWNE, MARCH 9, 2007
AS AMENDED ON SECOND CONSIDERATION, JANUARY 29, 2008
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 21 pursuant to this act.
1 (20) "Pharmacy technician trainee" means an individual who 2 has been issued a temporary permit by the State Board of 3 Pharmacy which authorizes that individual to perform the duties 4 of a pharmacy technician under the immediate supervision of a 5 licensed pharmacist. 6 (21) "Immediate supervision" means a level of control which 7 assures that a pharmacist has the ultimate responsibility for 8 the accuracy, safety and patient outcome with respect to the 9 actions of pharmacy technicians and pharmacist interns PHARMACY <-- 10 TECHNICIAN TRAINEES and the use of automation in all practice 11 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 shall, within 15 eighteen months of the effective date of this section, 16 promulgate regulations governing the use of pharmacy technicians 17 and the duties of pharmacy technicians in pharmacies licensed by 18 the board. Regulations shall provide that pharmacy technicians 19 be responsible to and under the immediate supervision of a 20 pharmacist licensed by the board. 21 (b) A pharmacy technician shall register with the board 22 annually, on a form prescribed by the board, and pay a 23 registration fee as determined by the board. The board shall, 24 within eighteen months of the effective date of this section, 25 promulgate regulations governing the registration of pharmacy 26 technicians and standards for recognition and approval of 27 training programs for pharmacy technicians. No registration for 28 a pharmacy technician may be issued if the applicant is unfit or 29 unable to practice under section 3(a)(2) or has been convicted 30 of an offense described under section 3(a)(6) in this 20070S0313B1720 - 2 -
1 Commonwealth or another state. Regulations shall require that a 2 pharmacy technician meet all of the following: 3 (1) Be at least seventeen years of age. 4 (2) Have completed a board-approved training program for 5 pharmacy technicians. 6 (3) Have submitted a criminal history background check. 7 (c) The board shall renew, revoke or suspend the 8 registration of pharmacy technicians pursuant to regulations 9 promulgated by the board. This subsection is subject to 2 10 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of 11 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial 12 review of Commonwealth agency action). 13 (d) Unless ordered to do so by a court, the board shall not 14 reinstate the registration of an individual whose registration 15 to practice as a pharmacy technician has been revoked or if the 16 individual is unfit or unable to practice under section 3(a)(2) 17 or has been convicted of an offense described under section 18 3(a)(6). If an individual desires to practice after revocation, 19 the individual must apply for registration after a five-year 20 period in accordance with this section. 21 (e) Upon the submission of a written application, on forms 22 provided by it, the board may issue a temporary permit to an 23 applicant who has met the requirements of subsection (b)(1). The 24 board shall issue only one temporary permit to an applicant, and 25 the temporary permit shall expire one year after the date of 26 issue. Issuance by the board of a temporary permit shall 27 authorize the applicant to perform the duties of a pharmacy 28 technician as defined in this act. Upon expiration, the 29 temporary permit shall be promptly returned by the applicant to 30 the board. 20070S0313B1720 - 3 -
1 (f) A pharmacy technician shall wear a name tag that clearly 2 identifies the pharmacy technician with the title "registered 3 pharmacy technician." A holder of a temporary permit issued 4 pursuant to subsection (e) shall wear a name tag that clearly 5 identifies the temporary permit holder with the title "pharmacy 6 technician trainee." 7 Section 3. No person is required to register as a pharmacy 8 technician under section 3.3 of the act until 18 months after 9 the board has promulgated the regulations required by that 10 section. 11 Section 4. This act shall take effect immediately. L26L63SFL/20070S0313B1720 - 4 -