Bill Text: PA HB528 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for definitions; providing for registration and permits for pharmacy technicians; and further providing for multiple licensure, for refusal to grant, revocation and suspension, for State Board of Pharmacy, for hearings and suspensions, for unlawful acts and for injunction.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Engrossed - Dead) 2010-03-09 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [HB528 Detail]

Download: Pennsylvania-2009-HB528-Amended.html

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PRIOR PRINTER'S NO. 579 PRINTER'S NO. 2888
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 528 Session of2009
INTRODUCED BY DeLUCA, CIVERA, DALEY, FABRIZIO, W. KELLER, KORTZ, KULA, MANN, MELIO, M. O'BRIEN, REICHLEY, SIPTROTH, STABACK, STURLA AND WALKO, FEBRUARY 19, 2009
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 2009
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; providing for registration
and permits for pharmacy technicians; and further providing
for multiple licensure, for refusal to grant, revocation and
suspension, for State Board of Pharmacy, for hearings and
suspensions, for unlawful acts and for injunction.
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:
* * *
(10.1) "Pharmacy technician" means an individual who is
registered by the Sate State Board of Pharmacy under section 2.1 <--
to assist in the practice of pharmacy.
(10.2) "Pharmacy technician trainee" means an individual who
holds a temporary permit issued by the State Board of Pharmacy
under section 2.1.
(10.3) "Direct and personal supervision of a pharmacist"
means:
(i) review by the pharmacist of the prescription or drug
order prior to dispensing;
(ii) verification by the pharmacist of the final product;
and
(iii) 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 2.1. Registration and Permits for Pharmacy
Technicians.--(a) The board may register as a pharmacy
technician a person who:
(1) Pays an application fee prescribed by the department a <--
fee as prescribed by the board by regulation.
(2) Files an application for registration, subscribed by the
individual under oath or affirmation, containing information the
board requires.
(3) Except as set forth in subsection (b), complies with all
of the following:
(i) Is not less than eighteen seventeen years of age. and is <--
a legal resident of the United States.
(ii) Has a high school diploma or its equivalent.
(iii) Has satisfied the board that the applicant is of good
moral character and is not unfit or unable to practice as a
pharmacy technician by reason of the extent or manner of the
applicant's use of alcoholic beverages or controlled substances
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or by reason of a physical or mental disability.
(iv) has completed a pharmacy technician training program
approved by the board.
(v) Has received certification from a nationally recognized
certifying agency approved by the board.
(vi) Has successfully completed an examination approved by
the board
(ii) Has satisfied the board that the applicant is of good <--
moral character.
(iii) Meets one of the following requirements:
(A) has received certification from a nationally recognized
certifying agency approved by the board; or
(B) has successfully completed an examination approved by
the board that would require the applicant to demonstrate a
basic competency level of the skills required of a pharmacy
technician and administered in accordance with the requirements
set forth in section 812.1(a) of the act of April 9, 1929 (P.L.
177, No.175), known as "The Administrative Code of 1929."
(vii) (iv) Has not been convicted of a felonious act <--
prohibited by the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act," or
convicted of a felony relating to a controlled substance in a
court of law of the United States or any other state, territory
or country unless:
(A) at least ten years have elapsed from the date of
conviction; and
(B) the applicant satisfactorily demonstrates to the board
that the applicant has made significant progress in personal
rehabilitation since the conviction such that licensure of the
applicant should not be expected to create a substantial risk of
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harm to the health and safety of patients or the public or a
substantial risk of further criminal violations.
As used in this clause, the term "convicted" shall include a
judgment, an admission of guilt or a plea of nolo contendere. An
applicant's statement on the application declaring the absence
of a conviction shall be deemed satisfactory evidence of the
absence of a conviction, unless the board has some evidence to
the contrary.
(v) Had not had the applicant's license to practice as a <--
pharmacist revoked or suspended or had other disciplinary action
taken by a proper licensing authority.
(b) The following exceptions shall apply: <--
(1) Notwithstanding subsection (a)(3)(iv) and (v)
Notwithstanding subsection (a)(3)(iii), the board shall register <--
all an individual who applies for registration within two years <--
after final regulations under this section are promulgated and
complies with one of the following:
(i) An individual who, at the time of filing an application, <--
has (1) Demonstrates to the satisfaction of the board proof of <--
registration, certification or licensure or its equivalent as a
pharmacy technician in another state, territory or possession of
the United States that has registration, certification,
licensure or equivalent requirements comparable to those set
forth in this section and regulations of the board.
(ii) An individual who: <--
(A) applies for registration within two years after the
effective date of this section; and
(B) on the effective date of this section maintains a
(2) Maintains a current certification by a nationally <--
recognized pharmacy technician association.
20090HB0528PN2888 - 4 -
(2) Notwithstanding subsection (a)(3)(ii), (iv) and (v), the <--
board shall issue registration to an individual who:
(i) Has been employed (3) Demonstrates to the satisfaction <--
of the board proof of employment as a pharmacy technician for a
minimum of two thousand hours during the three years immediately
preceding the enactment of this act section. <--
(ii) Demonstrates to the satisfaction of the board proof of <--
practice as a pharmacy technician for at least two thousand
hours immediately prior to the date of application.
(c) A registration shall authorize the registrant to assist
in the practice of pharmacy under the direct and personal
supervision of a pharmacist.
(d) A registration is subject to biennial renewal. The board
shall establish by regulation a fee for renewal.
(e) The following apply to pharmacy technician trainees: <--
(1) The board may issue a temporary permit to practice as a
pharmacy technician trainee to an applicant who is seventeen <--
years of age or older and meets the requirements of subsection
(a)(3)(ii) and (iii) (a)(3)(i), (ii), (iv) and (v) and complies <--
with the following:
(i) The applicant is a student enrolled in a board-approved <--
pharmacy technician training program and as part of the program
may be required to serve an externship or internship; or
(ii) The individual is employed by a pharmacy and
participates in a board-approved pharmacy technician training <--
program that may include an externship or internship program.
(2) A temporary practice permit shall be issued for one year
and may be extended for a single six-month period upon
verification to the satisfaction of the board that the trainee
has completed the board-approved training program. <--
20090HB0528PN2888 - 5 -
(3) A temporary permit shall not be reissued.
(4) A temporary permit shall authorize the permittee to
perform the duties of a pharmacy technician under the direct and
personal supervision of a pharmacist.
(f) Identification requirements are as follows:
(1) A pharmacy technician shall wear a name tag that clearly
identifies the temporary permit holder with the title "pharmacy <--
technician trainee." pharmacy technician with the title <--
"registered pharmacy technician."
(2) A holder of a temporary permit shall wear a name tag
that clearly identifies the temporary permit holder with the
title "pharmacy technician trainee."
(g) This section shall not apply to a student who is
enrolled in an accredited school of pharmacy and who is in good
standing.
Section 3. Section 3.2 of the act, added December 20, 1985
(P.L.433, No.111), is amended to read:
Section 3.2. Reporting of Multiple Licensure, Registration
or its Equivalent.--Any [licensed] pharmacist or pharmacy
technician of this Commonwealth who is also registered,
certified or licensed [to practice pharmacy] in any other state,
territory or country shall report this information to the board
on the biennial registration application. Any disciplinary
action taken in other states, territories and countries shall be
reported to the board on the biennial registration application
or within ninety days of final disposition, whichever is sooner.
Multiple registration, certification or licensure shall be noted
by the board on the [pharmacist's] licensee's or registrant's
record, and such state, territory or country shall be notified
by the board of any disciplinary actions taken against [said
20090HB0528PN2888 - 6 -
pharmacist] that licensee or registrant in this Commonwealth.
Section 4. Section 5(c) of the act, amended December 20,
1985 (P.L.433, No.111), is amended and the section is amended by
adding a subsection to read:
Section 5. Refusal to Grant, Revocation and Suspension.--* *
*
(a.1) The board shall have the power to refuse, revoke or
suspend the registration of any pharmacy technician upon proof
satisfactory to it that the pharmacy technician has done any of
the following:
(1) Procured a personal registration through fraud,
misrepresentation or deceit.
(2) Has been found guilty, pleaded guilty, entered a plea of
nolo contendere, or has received probation without verdict,
disposition in lieu of trial or an Accelerated Rehabilitation
Disposition in the disposition of felony charges, to any offense
in connection with the practice of pharmacy or any offense
involving moral turpitude before any court of record of any
jurisdiction.
(3) Is unfit to practice as a pharmacy technician because of
intemperance in the use of alcoholic beverages, controlled
substances or any other substance which impairs the intellect
and judgment to such an extent as to impair the performance of
professional duties.
(4) Is unfit or unable to practice as a pharmacy technician
by reason of a physical or mental disease or disability. In
enforcing this clause, the board shall, upon probable cause,
have authority to compel a pharmacy technician to submit to a
mental or physical examination by physicians or psychologists
approved by the board. Failure of a pharmacy technician to
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submit to an examination when directed by the board, unless due
to circumstances beyond the pharmacy technician's control, shall
constitute an admission of the allegations against the pharmacy
technician, consequent upon which a default and final order may
be entered without the taking of testimony or presentation of
evidence. A pharmacy technician affected under this clause shall
at reasonable intervals be afforded an opportunity to
demonstrate the ability to resume a competent practice as a
pharmacy technician with reasonable skill and safety to
patients.
(5) Has had a registration, certification or license to
practice as a pharmacy technician denied, revoked or suspended
by an appropriate pharmacy technician registration,
certification or licensing authority or has received
disciplinary action from an appropriate pharmacy technician
registration, certification or licensing authority.
(6) Has acted in such a manner as to present an immediate
and clear danger to the public health or safety.
(7) Is guilty of incompetence, gross negligence or other
malpractice, or the departure from, or failure to conform to,
the standards of acceptable and prevailing pharmacy technician
practice, in which case actual injury need not be established.
* * *
(c) When the board finds that the registration,
certification or license [of any pharmacist] may be refused,
revoked or suspended under the terms of subsection (a) or (a.1),
the board may:
(1) Deny the application for a registration, certification
or license.
(2) Administer a public reprimand.
20090HB0528PN2888 - 8 -
(3) Revoke, suspend, limit or otherwise restrict a
registration, certification or license as determined by the
board.
(4) Require a licensee to submit to the care, counseling or
treatment of a physician or a psychologist designated by the
board. This clause does not apply to a pharmacy technician.
(5) Suspend enforcement of its finding thereof and place a
licensee on probation with the right to vacate the probationary
order for noncompliance.
(6) Restore or reissue, in its discretion, a suspended
license [to practice pharmacy] or registration and impose any
disciplinary or corrective measure which it might originally
have imposed.
* * *
Section 5. Section 6(k) of the act, amended December 20,
1985 (P.L.433, No.111), is amended to read:
Section 6. State Board of Pharmacy.--* * *
(k) The board shall have the power, and it shall be its
duty:
(1) To regulate the practice of pharmacy and of pharmacy
technicians;
(2) To determine the nature of examinations for all
applicants for [pharmacists'] licenses;
(3) To examine, inspect and investigate all applications and
all applicants for licensure as pharmacists, pharmacies or
registration as pharmacy interns and pharmacy technicians, and
to grant certificates of licensure or registration to all
applicants whom it shall judge to be properly qualified;
(4) With the approval of the Commissioner of Professional
and Occupational Affairs, to prepare position descriptions,
20090HB0528PN2888 - 9 -
employ inspectors who shall be licensed pharmacists and employ
appropriate consultants to assist it for any purposes which it
may deem necessary, provided that the board may not delegate any
of its final decisionmaking responsibilities to any consultant;
(5) To investigate or cause to be investigated all
violations of the provisions of this act and its regulations and
to cause prosecutions to be instituted in the courts upon advice
from the Attorney General;
(6) To make or order inspections of all pharmacies, except
health care facilities, as defined in the act of July 19, 1979
(P.L.130, No.48), known as the "Health Care Facilities Act," and
which are periodically inspected by the Department of Health in
accordance with the standards in this act and the board's
regulations promulgated thereto: Provided, That the Department
of Health shall forward a copy of their inspection report to the
board noting any violations of the act: And, provided further,
That, if a violation is reported, the board shall have the power
to inspect such pharmacies and take appropriate action as
specified in this act; and to make or order inspections of other
places in which drugs or devices are stored, held, compounded,
dispensed or sold to a consumer, to take and analyze any drugs
or devices and to seize and condemn any drugs or devices which
are adulterated, misbranded or stored, held, dispensed,
distributed or compounded in violation of the provisions of this
act or the provisions of the act of April 14, 1972 (P.L.233, No.
64), known as "The Controlled Substance, Drug, Device and
Cosmetic Act";
(7) To conduct hearings for the revocation or suspension of
licenses, permits or registrations, for which hearings the board
shall have the power to subpoena witnesses;
20090HB0528PN2888 - 10 -
(8) To assist the regularly constituted enforcement agencies
of this Commonwealth in enforcing all laws pertaining to drugs,
controlled substances, and practice of pharmacy;
(8.1) To approve programs for the training of pharmacy <--
technicians;
(9) To promulgate rules and regulations to effectuate the
purposes of this act and to regulate the distribution of drugs
and devices and the practice of pharmacy for the protection and
promotion of the public health, safety and welfare.
* * *
Section 6. Section 7 of the act is amended by adding a
subsection to read:
Section 7. Hearings and Suspensions.--* * *
(e) Notwithstanding any other provision, subsections (d.3),
(d.4), (d.5), (d.6), (d.7) and (d.8) and (d.7) shall not apply <--
to pharmacy technicians, except as those subsections relate to
the professional health monitoring program.
Section 7. Sections 8(2) and (8) and 8.1 of the act, amended
or added December 20, 1986 (P.L.433, No.111), are amended to
read:
Section 8. Unlawful Acts.--It shall be unlawful for:
* * *
(2) Any person not duly licensed as a pharmacist, pursuant
to section 3 hereof, to engage in the practice of pharmacy,
including the preparing, compounding, dispensing, selling or
distributing at retail to any person any drug, except by a
pharmacy intern, pharmacy technician or such other authorized
personnel under the direct and [immediate] personal supervision
of a pharmacist: Provided, however, That nothing herein shall be
construed to prevent a duly licensed medical practitioner from
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dispensing, compounding or otherwise giving any drug to his own
patients after diagnosis or treatment of said patient, if such
compounding, preparing and dispensing is done by said licensee
himself, nor shall anything herein prevent any person from
selling or distributing at retail household remedies or
proprietary medicines when the same are offered for sale or sold
in the original packages which have been put up ready for sale
to consumers, provided household remedies or proprietary
medicines shall not include any controlled substances or non-
proprietary drug under the act of April 14, 1972 (P.L.233, No.
64), known as "The Controlled Substance, Drug, Device and
Cosmetic Act."
* * *
(8) Any person, firm or corporation to use the title
"pharmacist", "assistant pharmacist", "pharmacy technician",
"pharmacy technician trainee", "druggist"[,] or "apothecary",
except a person duly licensed as a pharmacist or registered as a
pharmacy technician in Pennsylvania, or any person to conduct or
transact business under a name which contains as part thereof
the words "drug store", "pharmacy", "drugs", "medicine store",
"medicines", "drug shop," "apothecary," "pharmaceutical,"
"homeopathic," "homeopathy" or any term having a similar
meaning, or in any manner by advertisement, display of show
globes or otherwise describe or refer to the place of the
conducted business or person, unless the place is a pharmacy
duly issued a permit by the State Board of Pharmacy.
* * *
Section 8.1. Injunction.--It shall be unlawful for any
person to practice or attempt to offer to practice pharmacy or
as a pharmacy technician, as defined in this act, without having
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at the time of so doing a valid, unexpired, unrevoked and
unsuspended license or registration issued under this act. The
unlawful practice of pharmacy as defined in this act may be
enjoined by the courts on petition of the board or the
Commissioner of Professional and Occupational Affairs. In any
such proceeding it shall not be necessary to show that any
person is individually injured by the actions complained of. If
it is found that the respondent has engaged in the unlawful
practice of pharmacy, the court shall enjoin him or her from so
practicing unless and until he or she has been duly licensed.
Procedure in such cases shall be the same as in any other
injunction suit. The remedy by injunction hereby given is in
addition to any other civil or criminal prosecution and
punishment.
Section 8. No person is required to be registered as a
pharmacy technician under section 2.1 of the act until two years
after the State Board of Pharmacy has promulgated regulations
under section 8 9 of this act. <--
Section 9. The State Board of Pharmacy shall promulgate
regulations to implement the addition of section 2.1 of the act
within 18 months of the effective date of this section. The
addition of section 2.1 of the act shall not be enforceable by
the State Board of Pharmacy until the publication of final
regulations.
Section 20. This act shall take effect in 60 days.
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