AN ACT

 

1Amending the act of September 27, 1961 (P.L.1700, No.699),
2entitled "An act relating to the regulation of the practice
3of pharmacy, including the sales, use and distribution of
4drugs and devices at retail; and amending, revising,
5consolidating and repealing certain laws relating thereto,"
6further providing for definitions; and providing for
7registration, qualifications and supervision of pharmacy
8technicians and pharmacy technician trainees.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 2 of the act of September 27, 1961 
12(P.L.1700, No.699), known as the Pharmacy Act, is amended by
13adding clauses to read:

14Section 2. Definitions.--As used in this act:

15* * *

16(19) "Pharmacy technician" means an individual who is 
17registered with the State Board of Pharmacy as a pharmacy 
18technician and who may assist in the practice of pharmacy under 
19the immediate supervision of a licensed pharmacist after meeting 
20the requirements of this act and the regulations promulgated 

1pursuant to this act.

2(20) "Pharmacy technician trainee" means an individual who 
3has been issued a temporary permit by the State Board of 
4Pharmacy which authorizes that individual to perform the duties 
5of a pharmacy technician under the immediate supervision of a 
6licensed pharmacist.

7(21) "Immediate supervision" means a level of control which 
8assures that a pharmacist has the ultimate responsibility for 
9the accuracy, safety and patient outcome with respect to the 
10actions of pharmacy technicians and pharmacy technician trainees 
11and the use of automation in all practice settings.

12Section 2. The act is amended by adding a section to read:

13Section 3.3. Pharmacy Technician Registration,
14Qualifications and Supervision.--(a) The board shall, within
15eighteen months of the effective date of this section,
16promulgate regulations governing the use of pharmacy technicians
17and the duties of pharmacy technicians in pharmacies licensed by
18the board. The regulations shall provide that pharmacy
19technicians be responsible to and under the immediate
20supervision of a pharmacist licensed by the board.

21(b) (1) A pharmacy technician shall register with the board
22annually, on a form prescribed by the board, and pay a
23registration fee as determined by the board.

24(2) The board shall, within eighteen months of the effective
25date of this section, promulgate regulations governing the
26registration of pharmacy technicians and standards for
27recognition and approval of training programs for pharmacy
28technicians.

29(3) No registration for a pharmacy technician may be issued
30if the applicant is unfit or unable to practice under section

13(a)(2) or has been convicted of an offense described under
2section 3(a)(6) in this Commonwealth or another state.

3(4) The regulations shall require that a pharmacy technician
4meet all of the following:

5(i) Be at least seventeen years of age.

6(ii) Have completed a board-approved training program for
7pharmacy technicians.

8(iii) Have submitted a criminal history background check.

9(c) (1) The board shall renew, revoke or suspend the
10registration of pharmacy technicians pursuant to regulations
11promulgated by the board.

12(2) This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A 
13(relating to practice and procedure of Commonwealth agencies) 
14and 7 Subch. A (relating to judicial review of Commonwealth 
15agency action).

16(d) (1) Unless ordered to do so by a court, the board shall
17not reinstate the registration of an individual whose
18registration to practice as a pharmacy technician has been
19revoked or if the individual is unfit or unable to practice
20under section 3(a)(2) or has been convicted of an offense
21described under section 3(a)(6).

22(2) If an individual desires to practice after revocation,
23the individual must apply for registration after a five-year
24period in accordance with this section.

25(e) (1) Upon the submission of a written application, on
26forms provided by it, the board may issue a temporary permit to
27an applicant who has met the requirements of subsection (b)(1).

28(2) The board shall issue only one temporary permit to an
29applicant, and the temporary permit shall expire one year after
30the date of issue.

1(3) Issuance by the board of a temporary permit shall
2authorize the applicant to perform the duties of a pharmacy
3technician.

4(4) Upon expiration, the temporary permit shall be promptly
5returned by the applicant to the board.

6(f) (1) A pharmacy technician shall wear a name tag that
7clearly identifies the pharmacy technician with the title
8"registered pharmacy technician."

9(2) A holder of a temporary permit issued pursuant to
10subsection (e) shall wear a name tag that clearly identifies the
11temporary permit holder with the title "pharmacy technician
12trainee."

13Section 3. No person is required to register as a pharmacy
14technician under section 3.3 of the act until 18 months after
15the board has promulgated the regulations required by that
16section.

17Section 4. This act shall take effect immediately.