Bill Summary – FastDemocracy

PRINTER'S NO.    843
                     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 AND MATZIE, MARCH 11, 2019
     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 11, 2019
                                    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.
    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
 after meeting the requirements of this act and the regulations
 promulgated under this act.
    (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.
    Section 2.    The act is amended by adding a section 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 pharmacy 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
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 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 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 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
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 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 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
 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 shall issue only one temporary permit to an
 applicant and the temporary permit shall expire two years after
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 the date of issue or upon obtaining registration as a pharmacy
 technician under subsection (a).
    (5)   Upon expiration of the temporary permit, the applicant
 shall promptly return the permit to the board.
    (6)   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.   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, the State Board of Pharmacy shall promulgate final
 regulations to implement this act.
    Section 5.   This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 0843: P.L.1700, No.699