THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, TARTAGLIONE, ERICKSON, ORIE, BROWNE AND BOSCOLA, APRIL 3, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 3, 2009  

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

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

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. Ch. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and Ch. 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.

(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.  No person is 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 that

section.

Section 4.  This act shall take effect immediately.