See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NOS. 843, 4403
PRINTER'S NO. 4562
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
770
Session of
2019
INTRODUCED BY DeLUCA, MILLARD, HILL-EVANS, MURT, READSHAW,
KULIK, YOUNGBLOOD, CALTAGIRONE, McNEILL, DEASY, CIRESI,
RAVENSTAHL, MATZIE, KORTZ, KENYATTA, T. DAVIS AND HOWARD,
MARCH 11, 2019
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 19, 2020
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 pharmacy
technician and pharmacy technician trainee registration,
qualifications and supervision, FOR PHARMACY TECHNICIAN DATA
ENTRY AND FOR LABORATORY WAIVER.
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:
* * *
(20) "Pharmacy technician" means an individual who:
(i) Is registered with the board as a pharmacy technician.
(ii) May assist in the practice of pharmacy under the direct
and immediate personal supervision of a licensed pharmacist
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
after meeting the requirements of this act and the regulations
promulgated under this act. THE TERM "PHARMACY TECHNICIAN" SHALL
NOT INCLUDE AN INDIVIDUAL PERFORMING CLERICAL SUPPORT WITH NO
DIRECT INTERACTION WITH PRESCRIPTION MEDICATION OR ABILITY TO
ENTER A PRESCRIPTION DRUG ORDER.
(21) "Pharmacy technician trainee" means an individual who
has been issued a temporary permit by the board that authorizes
the individual to perform the duties of a pharmacy technician
under the direct and immediate personal supervision of a
licensed pharmacist.
(22) "Direct and immediate personal supervision" means:
(i) Review by the pharmacist of the prescription or drug
order prior to dispensing.
(ii) Verification by the pharmacist of the final product.
(iii) Immediate availability of the pharmacist on the
premises to direct the work of the supervised individual and to
respond to questions or problems.
(23) "COVID-19" MEANS THE NOVEL CORONAVIRUS AS IDENTIFIED IN
THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON
MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020).
Section 2. The act is amended by adding a section SECTIONS
to read:
Section 3.3. Pharmacy Technician and Pharmacy Technician
Trainee Registration, Qualifications and Supervision.--(a) 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
possess an unrestricted registration from the board to practice
as a pharmacy technician. The following shall apply:
(1) A EXCEPT AS PROVIDED UNDER SECTION 3.4, A pharmacy
20190HB0770PN4562 - 2 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
technician shall be responsible to and under the direct and
immediate personal supervision of a board-licensed pharmacist.
(2) A registration for a pharmacy technician may not be
issued if the applicant:
(i) is unfit or unable to practice under section 3(a)(2); or
(ii) has been convicted of an offense described under
section 3(a)(6) in this Commonwealth or another state unless the
provisions of section 3(a)(6)(i), (ii) and (iii) have been
satisfied .
(3) An applicant for pharmacy technician registration shall
meet the following requirements:
(i) Be at least seventeen years of age and possess a high
school diploma or equivalent.
(ii) Complete a board-approved pharmacy technician training
program.
(iii) Submit to a criminal history record check as required
by the board.
(4) An individual practicing as a pharmacy technician for at
least one year of the two-year period immediately preceding the
effective date of this section shall not be required to comply
with clause (3)(i) or (ii) , provided the individual applies
within one year of the promulgation of regulations by the board
implementing this section.
(5) The board shall renew, refuse, revoke or suspend the
registration of a pharmacy technician and temporary permit
REGISTRATION for a pharmacy technician trainee, or otherwise
discipline a pharmacy technician and a pharmacy technician
trainee, under regulations promulgated by the board. This clause
is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and 7 Subch. A (relating
20190HB0770PN4562 - 3 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to judicial review of Commonwealth agency action). Provisions
and procedures with respect to refusal and discipline contained
in sections 5(a), (c) and (d) and 7 shall apply to pharmacy
technician registrations and pharmacy technician trainee
permits.
(6) Except as provided for in clause (7), 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).
(7) If an individual desires to practice after revocation,
the individual shall apply for registration after the lapse of a
five-year period and in accordance with this section and
regulations.
(8) A pharmacy technician shall wear a name tag that clearly
identifies the pharmacy technician's first name with the title
"Registered Pharmacy Technician."
(b) Upon the submission of a board-approved written
application and fee, the board may issue a temporary permit
REGISTRATION to practice as a pharmacy technician trainee. The
following shall apply:
(1) A pharmacy technician trainee shall be responsible to
and under the direct and immediate personal supervision of a
board-licensed pharmacist.
(2) A registration for a pharmacy technician trainee 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
20190HB0770PN4562 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
unless the provisions of section 3(a)(6)(i), (ii) and (iii) have
been satisfied .
(3) An applicant for pharmacy technician trainee
registration shall meet the following requirements:
(i) Be at least sixteen years of age.
(ii) Submit to a criminal history record check as required
by the board.
(4) THE BOARD MAY CHARGE A REGISTRATION FEE THAT IS NOT MORE
THAN ONE-HALF THE REGISTRATION FEE CHARGED UNDER SUBSECTION (A).
(4) (5) The board shall issue only one temporary permit
REGISTRATION to an applicant and the temporary permit
REGISTRATION shall expire two years after the date of issue or
upon obtaining registration as a pharmacy technician under
subsection (a). IF A PHARMACY TECHNICIAN TRAINEE APPLIES FOR
REGISTRATION AS A PHARMACY TECHNICIAN UNDER SUBSECTION (A)
WITHIN THE TWO-YEAR REGISTRATION PERIOD, THE FEE FOR THE INITIAL
TEMPORARY REGISTRATION SHALL BE USED TO OFFSET THE PHARMACY
TECHNICIAN REGISTRATION FEE.
(5) (6) Upon expiration of the temporary permit
REGISTRATION , the applicant shall promptly return the permit
TEMPORARY REGISTRATION to the board.
(6) (7) A pharmacy technician trainee shall wear a name tag
that clearly identifies the pharmacy technician trainee's first
name with the title "Pharmacy Technician Trainee."
SECTION 3.4. PHARMACY TECHNICIAN DATA ENTRY.--A PHARMACY
TECHNICIAN MAY CONDUCT DATA ENTRY INCLUDING PRESCRIPTION ENTRY,
DRUG ORDER OR PATIENT INFORMATION INTO A PATIENT PROFILE VIA
TECHNOLOGICAL MEANS WITHOUT THE IMMEDIATE SUPERVISION OF A BOARD
LICENSED PHARMACIST IF ALL OF THE FOLLOWING APPLY:
(1) THE PHARMACY HAS DOCUMENTED POLICIES AND PROCEDURES AND
20190HB0770PN4562 - 5 -
<--
<--
<--
<--
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OTHER ADEQUATE SAFEGUARDS TO PROTECT AGAINST PATIENT HARM AND
PRIVACY INCIDENTS.
(2) THE PHARMACY TECHNICIAN IS ADEQUATELY TRAINED TO PERFORM
THE DATA ENTRY TASK.
(3) A SUPERVISING PHARMACIST IS READILY AVAILABLE TO ANSWER
QUESTIONS OF THE PHARMACY TECHNICIAN AND IS RESPONSIBLE FOR THE
PRACTICE AND ACCURACY OF THE PHARMACY TECHNICIAN.
(4) NO PART OF THE DATA ENTRY INCLUDES ANY DIRECT
INTERACTION WITH PRESCRIPTION MEDICATION.
SECTION 9.5. LABORATORY WAIVER.--IF A PHARMACY HOLDS A VALID
CERTIFICATE OF WAIVER ISSUED BY THE CENTERS FOR MEDICARE AND
MEDICAID SERVICES, A PHARMACY OR PHARMACIST MAY ORDER AND
PERFORM LABORATORY EXAMINATIONS AND PROCEDURES FOR COVID-19,
INFLUENZA AND STREPTOCOCCAL INFECTIONS AUTHORIZED OR APPROVED BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION UNDER THE
CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988 (PUBLIC LAW
100-578, 102 STAT. 2903) AND SHALL BE EXEMPT FROM THE
REQUIREMENTS UNDER SECTION 3 OF THE ACT OF SEPTEMBER 26, 1951
(P.L.1539, NO.389), KNOWN AS "THE CLINICAL LABORATORY ACT."
Section 3. No individual is required to register as a
pharmacy technician under section 3.3 of the act until one year
after the State Board of Pharmacy has promulgated final
regulations.
Section 4. Within 18 months of the effective date of this
act SECTION, the State Board of Pharmacy shall promulgate final
regulations to, EXCEPT FOR THE ADDITION OF SECTION 3.4,
implement this act.
Section 5. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
20190HB0770PN4562 - 6 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
IMMEDIATELY:
(I) THIS SECTION.
(II) THE ADDITION OF SECTIONS 3.4 AND 9.5 OF THE
ACT.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
20190HB0770PN4562 - 7 -
1
2
3
4
5
6