PRINTER'S NO. 1044
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
854
Session of
2015
INTRODUCED BY DeLUCA, D. COSTA, KOTIK, THOMAS, McNEILL, COHEN,
READSHAW, SCHLOSSBERG, FABRIZIO, LONGIETTI, PASHINSKI,
GIBBONS, DEASY, BARRAR, MURT AND WATSON, MARCH 31, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 31, 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 for pharmacy technician
registration, qualifications and supervision.
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:
(i) is registered with the State Board of Pharmacy as a
pharmacy technician; and
(ii) 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 under
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this act.
(20) "Pharmacy technician trainee" means an individual who
has been issued a temporary permit by the State Board of
Pharmacy that authorizes the 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 that
assures that a pharmacist has the ultimate responsibility for
accuracy, safety and patient outcome, regarding the actions of
pharmacy technicians and pharmacy technician trainees and the
use of automation in a practice setting.
Section 2. The act is amended by adding a section to read:
Section 3.3. Pharmacy Technician Registration,
Qualifications and Supervision.--(a) (1) A pharmacy technician
shall register with the board biennially on a form prescribed by
the board and pay a registration fee established by the board by
regulation. An individual must have an unrestricted registration
from the board to practice as a pharmacy technician or a
pharmacy technician trainee.
(2) A pharmacy technician shall be responsible to and under
the immediate supervision of a pharmacist licensed by the board.
(3) A registration for a pharmacy technician may not 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) An applicant for pharmacy technician registration shall
meet the following:
(i) Be at least seventeen years of age and have a high
school diploma or equivalent.
(ii) Complete a board-approved training program for pharmacy
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technicians.
(iii) Submit to a criminal history background check as
required by the board.
(b) An individual currently practicing as a pharmacy
technician on or before the effective date of this act shall not
be required to comply with subsection (a)(4)(i) and (ii).
(c) (1) The board shall renew, revoke or suspend the
registration of pharmacy technicians under 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) Except as provided for in clause (2) or unless
ordered to do so by a court of proper jurisdiction, the board
may 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 the lapse of a
five-year period and in accordance with this section and
regulations.
(e) (1) Upon the submission of a board-approved written
application, the board may issue a temporary permit to practice
as a pharmacy technician to an applicant who has met the
requirements of subsection (a)(1).
(2) The board shall issue only one temporary permit to an
applicant and the temporary permit shall expire one year after
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the date of issue.
(3) 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 under 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 one year after the
board has promulgated final regulations.
Section 4. Within 18 months of the effective date of this
act, the board shall promulgate final regulations to implement
this act.
Section 5. This act shall take effect in 60 days.
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