45:14-80 Pharmacy technicians, conditions.

41. a. Pharmacy technicians may assist a licensed pharmacist in performing the following tasks:

(1) Retrieval of prescription files, patient files and profiles and other records, as determined by the board, pertaining to the practice of pharmacy;

(2) Data entry;

(3) Label preparation; and

(4) Counting, weighing, measuring, pouring and compounding of prescription medication or stock legend drugs and controlled substances, including the filling of an automated medication system.

b. Pharmacy technicians may accept authorization from a patient for a prescription refill, or from a physician or the physician's agent for a prescription renewal, provided that the prescription remains unchanged. As used in this section, "prescription refill" means the dispensing of medications pursuant to a prescriber's authorization provided on the original prescription and "prescription renewal" means the dispensing of medications pursuant to a practitioner's authorization to fill an existing prescription that has no refills remaining.

c. Pharmacy technicians shall not:

(1) Receive new verbal prescriptions;

(2) Interpret a prescription or medication order for therapeutic acceptability and appropriateness;

(3) Verify dosage and directions;

(4) Engage in prospective drug review;

(5) Provide patient counseling;

(6) Monitor prescription usage;

(7) Override computer alerts without first notifying the pharmacist;

(8) Transfer prescriptions from one pharmacy to another pharmacy; or

(9) Violate patient confidentiality.

d. Except as provided in subsection e. of this section, a pharmacist shall not supervise more than two pharmacy technicians.

e. A pharmacy that wishes to employ a licensed pharmacist to pharmacy technician ratio greater than established in accordance with subsection d. of this section, shall:

(1) Establish written job descriptions, task protocols and policies and procedures that pertain to the duties performed by the pharmacy technician;

(2) Ensure and document that each pharmacy technician pass the National Pharmacy Technician Certification Examination or a board approved certification program and fulfill the requirements to maintain this status, or complete a program which includes a testing component and which has been approved by the board as satisfying the criteria as set forth in subsection f. of this section;

(3) Ensure that each pharmacy technician is knowledgeable in the established job descriptions, task protocols and policies and procedures in the pharmacy setting in which the technician is to perform his duties;

(4) Ensure that the duties assigned to any pharmacy technician do not exceed the established job descriptions, task protocols and policies and procedures;

(5) Ensure that each pharmacy technician receives in-service training before the pharmacy technician assumes his responsibilities and maintain documentation thereof;

(6) Require and maintain on site a signed patient confidentiality statement from each technician;

(7) Provide immediate personal supervision; and

(8) Provide the board, upon request, with a copy of the established job descriptions, task protocols and policies and procedures for all pharmacy technician duties.

f. If the pharmacist to pharmacy technician ratio is greater than the ratio established in accordance with the provisions of subsection d. of this section, the pharmacy shall maintain a policy and procedure manual with regard to pharmacy technicians, which shall include the following:

(1) Supervision by a pharmacist;

(2) Confidentiality safeguards of patient information;

(3) Minimum qualifications;

(4) Documentation of in-service education or ongoing training and demonstration of competency, specific to practice site and job function;

(5) General duties and responsibilities of pharmacy technicians;

(6) Retrieval of prescription files, patient files, patient profile information and other records pertaining to the practice of pharmacy;

(7) Functions related to prescription processing;

(8) Functions related to prescription legend drug and controlled dangerous substance ordering and inventory control;

(9) Prescription refill and renewal authorization;

(10) Procedures dealing with documentation and records required for controlled dangerous substance and prescription legend drugs;

(11) Procedures dealing with medication errors;

(12) Pharmacy technician functions related to automated systems;

(13) Functions that may not be performed by pharmacy technicians; and

(14) A form signed by the pharmacy technician which verifies that the manual has been reviewed by the technician.

g. The pharmacist in charge shall review the policy and procedure manual at least every two years and, if necessary, amend the manual as needed. Documentation of the review shall be made available to the board upon request.

h. Pharmacy technicians shall wear an identification tag, which shall include at least their first name, the first initial of their last name and title.

i. On pharmacy permit renewal applications, the pharmacy shall list the name and address of all pharmacy technicians which it currently employs.

j. When pharmacy technicians are engaged in any activities permitted in accordance with the provisions of this section, the licensed pharmacists on site shall be responsible for these activities.

L.2003,c.280,s.41.