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NEW JERSEY REGISTER
VOLUME 38, ISSUE 15
ISSUE DATE: AUGUST 7, 2006
RULE PROPOSALS
Law And Public Safety
Division Of Consumer Affairs
BOARD OF PHARMACY

Proposed Amendments: N.J.A.C. 13:39-1.2, 1.3, 6.3, 6.6, 6.15 and 7.8
Proposed New Rules: N.J.A.C. 13:39-6.6 through 6.14

Definitions; Fee Schedule; Identification Tag; Pharmacy Technician Registration and Pharmacy Technician Applicants; Authorization to Practice as a Pharmacy Technician; Display of Registration; Replacement of Technician Registration; Technician Change of Name; Technician Change of Address of Record; Service of Process; Verification of Technician Registration; Reproduction of Technician Registration Prohibited; Biennial Technician Registration Renewal; Administrative Suspension; Reinstatement from Administrative and Disciplinary Suspensions of a Pharmacy Technician's Registration; Pharmacy Technician Duties and Pharmacist-Technician Ratios; Transfer of Prescriptions Between Pharmacies

Authorized By: Joanne Boyer, Executive Director, Board of Pharmacy.

Authority: N.J.S.A. 45:14-47, 45:14-48, and 45:14-80.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2006-259.

Submit comments by October 6, 2006 to:
Joanne Boyer, Executive Director
Board of Pharmacy
P.O. Box 45013
Newark, N.J. 07101

The agency proposal follows:

Summary

The New Jersey Board of Pharmacy (the Board), pursuant to its general rulemaking authority set forth in N.J.S.A. 45:14-47, proposes new requirements for the registration of pharmacy technicians. Currently, persons employed as pharmacy technicians do not need to be registered with the Board. The Pharmacy Practice Act, at N.J.S.A. 45:14-48(b)2, however, authorizes the Board to register pharmacy technicians. The Board believes that such registration is necessary in order to ensure that all persons employed as pharmacy technicians are appropriately trained and supervised. Proposed new rule N.J.A.C. 13:39-6.6 provides that any person wishing to be registered as a pharmacy technician must meet minimum age, education and language proficiency requirements. Applicants for registration must also undergo a criminal history background check and must submit evidence of good moral character. Proposed new rule N.J.A.C. 13:39-6.6 provides further that within 180 days of the effective date of the rule, a pharmacy may only employ a registered pharmacy technician or a person who has begun the registration process by becoming a "pharmacy technician applicant" to perform pharmacy technician functions. A pharmacy technician applicant must file an application for registration within 10 days of being hired, and may only be considered a pharmacy technician applicant for 180 days. At the conclusion of this 180-day period, the pharmacy technician applicant must have either completed the registration process or must cease performing pharmacy technician functions in the pharmacy. The proposed new rule also provides a grace period within which all persons who are employed as pharmacy technicians on the date that the new rule becomes effective may be registered based on practice experience. The new rule prohibits a pharmacy from hiring a person as a pharmacy technician applicant if the person was previously employed as a pharmacy technician applicant at any pharmacy in New Jersey but failed to complete the pharmacy technician registration process. A pharmacy is also prohibited from hiring a person as a pharmacy technician applicant if the person has ever been the subject of disciplinary action taken by the Board. In light of this new pharmacy technician registration scheme, the Board believes that it is appropriate for pharmacy technicians to comply with certain administrative obligations, many of which are identical to requirements currently imposed by the Board upon licensed pharmacists. These obligations are set forth in proposed new rules N.J.A.C. 13:39-6.7 through 6.14. Proposed new rule N.J.A.C. 13:39-6.7 requires the display of the pharmacy technician's registration. Proposed new rule N.J.A.C. 13:39-6.8 establishes procedures that a pharmacy technician must comply with in order to replace a lost or destroyed registration. Proposed new rules N.J.A.C. 13:39-6.9 and 6.10 establish procedures that a pharmacy technician must comply with when he or she has changed the name under which he or she has been practicing, or has changed his or her address of record. The Board is amending the definition of "address of record" contained in N.J.A.C. 13:39-1.2 in order to include a specific reference to registrants, in light of proposed new rule N.J.A.C. 13:39-6.10. Proposed new rule N.J.A.C. 13:39-6.11 permits a registered pharmacy technician to seek a written verification of good standing from the Board. Proposed new rule N.J.A.C. 13:39-6.12 prohibits the reproduction of a pharmacy technician's initial, biennial or wallet-sized registration. Proposed new rules N.J.A.C. 13:39-6.13 and 6.14 concern pharmacy technician registration renewal and reinstatement, and are consistent with the provisions of the Uniform Enforcement Act, N.J.S.A. 45:1-7.1, P.L. 1999, c. 403, which mandate certain license and/or registration renewal and reinstatement requirements. In addition to the requirements imposed under the Uniform Enforcement Act, proposed new rule N.J.A.C. 13:39-6.14 requires a pharmacy technician seeking reinstatement from a disciplinary suspension to furnish evidence of having satisfied all conditions imposed by the Board pursuant to any applicable disciplinary or reinstatement orders. The Board is also proposing that existing rule N.J.A.C. 13:39-6.6, which sets forth the duties of pharmacy technicians, be recodified at N.J.A.C. 13:39-6.15, with various amendments. Subsection (b) of recodified rule N.J.A.C. 13:39-6.15, which permits pharmacy technicians to accept authorizations from patients for prescription refills, or from physicians or their agents for prescription renewals, provided that the prescriptions remain unchanged, is being amended to clarify that a pharmacy technician or a pharmacy technician applicant must identify himself or herself as a technician when accepting authorization from a physician or his or her agent. The Board is also proposing a new subsection (d) as part of N.J.A.C. 13:39-6.15 which will require all technicians and technician applicants employed by the pharmacy to sign a patient confidentiality statement. Such statements must be maintained on-site by the pharmacy. With the addition of new subsection (d), the confidentiality statement requirement at current N.J.A.C. 13:39-6.6(e)6 is deleted. Existing subsection (d) of recodified rule N.J.A.C. 13:39-6.15 is proposed to be recodified as subsection (e), and is being amended to clarify that a pharmacist supervising technicians under a 1 to 2 ratio must provide technicians with immediate personal supervision, as the term is defined in current Board rule N.J.A.C. 13:39-1.2. In addition, the Board is proposing to further amend the section to provide that a registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training shall be excluded from the 1 to 2 ratio. The in-service training may not exceed 210 days. Moreover, the proposed amendments provide that a pharmacist shall not supervise more than two persons receiving in-service training at the same time. These requirements are reiterated at amended N.J.A.C. 13:39-6.15(f)5. Because the proposed amendments will authorize the employment of technicians who are in training, the Board is also proposing to amend existing N.J.A.C. 13:39-6.3, which requires all pharmacy personnel to wear identification tags, to clarify that an identification tag must reflect whether an employee is in training. Existing subsection (e) of recodified rule N.J.A.C. 13:39-6.15 is proposed to be recodified as subsection (f) and is being amended to clarify that a pharmacy must ensure that all technicians who are working when the ratio exceeds 1 to 2 have received appropriate training. The proposed amendment adds the passing of the Pharmacy Technician Certification Board's Pharmacy Training Certification Examination or a Board-approved certification program as additional ways that this training may be obtained. The proposed amendments also provide that completion of a program with a Board-approved testing component will qualify the pharmacy technician to work only for the specific pharmacy and/or corporation for which the pharmacy technician was employed when the training was obtained. If the pharmacy technician goes to work for another pharmacy and/or corporation, the pharmacy technician will be required to complete the new employer's training program. Subsections (f) and (g) of recodified rule N.J.A.C. 13:39-6.15 are proposed to be recodified as subsections (g) and (h), without change. Existing subsection (h), which requires the pharmacy to list the name and address of all pharmacy technicians it employs on its pharmacy permit renewal application, is proposed to be deleted. The Board believes that this requirement is no longer necessary because the registration scheme established under proposed new rule N.J.A.C. 13:39-6.6 will permit the Board to effectively monitor the professional activities of technicians. The Board is also proposing to amend N.J.A.C. 13:39-7.8, which concerns the transfer of prescriptions between pharmacies. Pharmacy technicians are prohibited under the rule, consistent with the statutory prohibition set forth at N.J.S.A. 45:14-80(b)8, from transferring prescriptions between pharmacies. Subsection (f), however, currently authorizes technicians to provide information concerning the transfer. The Board believes that such conduct should not be authorized because the statute expressly prohibits technicians from being involved in the actual transfer of the prescription. Because patients may have questions regarding prescription transfers which pharmacy technicians may be unable to answer, the Board believes that the subsection should be amended to delete the existing reference to pharmacy technicians. As part of this proposed rulemaking, the Board is also proposing amendments to its fee schedule set forth at N.J.A.C. 13:39-1.3, in order to include references for all fees incident to the proposed registration scheme for pharmacy technicians. Under the statutory authority set forth in N.J.S.A. 45:1-3.2, a professional board's fees must be established in an amount necessary to defray proper expenses incurred in performing its duties, but fees which raise revenues in excess of estimated expenses are prohibited. A Division of Consumer Affairs fiscal officer conducted a financial analysis which revealed that the proposed fees are necessary and appropriate to satisfy the Board's anticipated expense levels associated with the registration of pharmacy technicians and to comport with the requirements of N.J.S.A. 45:1-3.2. The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that proposed new rule N.J.A.C. 13:39-6.6, which will require the registration of all persons employed as pharmacy technicians within 180 days of the effective date of rule, will have a positive impact upon the practice of pharmacy in the State by ensuring that only those persons who have met the minimum requirements established in the rule will be authorized to perform pharmacy technician functions. In addition, the Board believes that the proposed amendments to N.J.A.C. 13:39-6.15 will have a positive impact upon the regulated community by clarifying the functions that pharmacy technicians and those being trained as pharmacy technicians may lawfully perform and by clarifying how technicians may obtain proper training. The Board believes that the registration of all pharmacy technicians will help to safeguard public health by ensuring that only those persons who are appropriately qualified and trained will be authorized to perform pharmacy technician functions. The Board believes that mandatory registration of all persons employed as pharmacy technicians will enable licensed pharmacies to provide the highest quality professional service in the dispensing of medications.

Economic Impact

The mandatory registration of pharmacy technicians required under proposed new rule N.J.A.C. 13:39-6.6, and the corresponding fees being proposed in N.J.A.C. 13:39-1.3, will have an economic impact upon persons seeking to be registered as pharmacy technicians. Such persons will be required to remit a $ 50.00 application fee, a $ 70.00 initial registration fee, and a $ 70.00 biennial registration renewal fee. Registered pharmacy technicians will also be required to pay the fees associated with replacement biennial registration, late renewal, reinstatement and/or registration verification, as required under proposed new rules N.J.A.C. 13:39-6.8, 6.11, 6.13 and 6.14. The Board notes that the imposition of such fees is necessary to offset the administrative expenses that will be borne by the Board as a result of the proposed registration scheme for pharmacy technicians.

Federal Standards Statement

A Federal Standards analysis is not required because the proposed amendments and new rules are governed by N.J.S.A. 45:14-40 et seq. The proposed amendments and new rules are not subject to any Federal requirements or standards.

Jobs Impact

The Board does not believe that the proposed amendments and new rules will result in the creation or loss of jobs in the State. The proposed amendments and new rules do not alter the existing ratio of pharmacists to technicians which may be utilized by permitted pharmacies, and as a result, the Board does not believe that the number of pharmacy technician positions currently available throughout the State will change. It is possible, however, that certain persons currently employed as pharmacy technicians will not be able to retain their positions if they cannot satisfy the registration requirements set forth in proposed new rule N.J.A.C. 13:39-6.6.

Agriculture Industry Impact

The proposed amendments and new rules will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 12,741 pharmacists and issues permits to approximately 1,984 pharmacies. The Board estimates that as many as 20,000 individuals may currently be employed as pharmacy technicians in the State. If Board licensees, permit holders, and/or persons who will become registered with the Board as pharmacy technicians are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies. The proposed amendments and new rules will impose various reporting, recordkeeping and compliance requirements upon Board licensees, permit holders, and pharmacy technicians. These requirements are discussed in the Summary statement above. No additional professional services will be needed to comply with the proposed amendments and new rules. The costs of compliance with the proposed amendments and new rules are discussed in the Economic Impact statement above. The Board believes that the proposed amendments and new rules should be uniformly applied to all licensees, permit holders and pharmacy technicians in order to ensure the health, safety and welfare of the general public in the provision of pharmaceutical services and, therefore, no differing compliance requirements for any licensees, permit holders, or pharmacy technicians are provided based upon the size of the business.

Smart Growth Impact Statement

The Board does not believe that the proposed amendments and new rules will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

13:39-1.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Address of record" means an address designated by a licensee or registrant. "Address of record" may be a licensee's or registrant's home, business or mailing address, but shall not be a post office box unless the licensee or registrant also provides another address which includes a street, city, state and zip code.

13:39-1.3 Fee schedule

(a) The following fees shall be charged by the Board:

1.-2. (No change.)

3. For pharmacy technicians as follows:

i. Application for registration.......................................... $ 50.00;

ii. Initial registration fee:

(1) If paid during the first year of a biennial renewal period $ 70.00;

(2) If paid during the second year of a biennial renewal period.............. $ 35.00;

iii. Biennial registration renewal................................... $ 70.00;

iv. Replacement biennial registration............................ $ 25.00;

v. Late renewal fee............................................................. $ 25.00;

vi. Verification of registration.................................. $ 25.00; and

vii. Reinstatement fee:

(1) Disciplinary suspension............................................ $ 125.00;

(2) Administrative suspension...................... (To be determined by future rulemaking).

13:39-6.3 Identification tag

All personnel working in the pharmacy shall wear an identification tag which shall include at least the person's first name and job title. The identification tag of any employee in training shall reflect the status of the employee as a trainee.

13:39-6.6 Pharmacy technician registration and pharmacy technician applicants

(a) A person wishing to be registered with the Board as a pharmacy technician shall:

1. Be 18 years of age or older;

2. Possess a high school diploma or its equivalent;

3. Be proficiency in written and spoken English;

4. Apply to the Board for registration and submit the application fee set forth in N.J.A.C. 13:39-1.3;

5. Submit his or her name, address and fingerprints for purposes of a criminal history background check pursuant to N.J.S.A. 45:1-28 et seq., (P.L. 2002, c. 104) to determine whether criminal history record information exists which may disqualify the applicant from being registered by the Board; and

6. Submit, as part of the application for registration, evidence of good moral character which is an ongoing requirement for registration, and evidence that he or she:

i. Is not presently engaged in drug or alcohol use that is likely to impair the ability to practice as a pharmacy technician with reasonable skill and safety. For purposes of this section, the term "presently" means at the time of application or any time within the previous 365 days;

ii. Has not been convicted of violating any law of this State or any other state of the United States relating to controlled dangerous substances or other habit-forming drugs;

iii. Has not been convicted of violating any law relating to the practice of pharmacy;

iv. Has not been convicted of a crime involving moral turpitude; and

v. Has not had his or her authority to engage in the activity regulated by the Board suspended or revoked as a result of any administrative or disciplinary proceedings in this or any other jurisdiction which determined the applicant to be in violation of any laws, rules or regulations pertaining to the practice of pharmacy, and that the applicant is not currently under suspension or revocation.

(b) Within 180 days from (the effective date of this rule), a pharmacy shall only employ a person registered with the Board as a pharmacy technician pursuant to (a) above, or a pharmacy technician applicant, consistent with (c) below, to perform pharmacy technician functions.

(c) Within 180 days from (the effective date of this rule), any person who is hired as a pharmacy technician who is not registered with the Board shall be designated a pharmacy technician applicant. A person may only be considered a pharmacy technician applicant one time and only for a maximum of 180 consecutive days. During the first 10 days of employment, the pharmacy technician applicant shall file an application with the Board to begin the pharmacy technician registration process. The applicant shall retain proof of filing the application until he or she receives his or her registration. If at the conclusion of the 180 day period, the pharmacy technician applicant has not completed the pharmacy technician registration process, consistent with (a) above, the applicant shall cease performing pharmacy technician functions in the pharmacy.

(d) All persons who are employed as pharmacy technicians on the effective date of this section shall be registered with the Board within 180 days from (the effective date of this rule). Such persons shall satisfy the requirements set forth in (a) above, except that such persons shall be exempt from satisfying the requirement established in (a)2 above. Such persons shall present proof of employment to the Board which establishes that they have been practicing as pharmacy technicians prior to (the effective date of this rule).

(e) If an applicant for registration as a pharmacy technician is being investigated for any alleged violation of the New Jersey Pharmacy Practice Act, N.J.S.A. 45:14-1 et seq., or the pharmacy laws, rules or regulations of any other jurisdiction, the Board in its discretion may deny the applicant the opportunity to register as a pharmacy technician.

(f) A pharmacy shall not employ as a pharmacy technician applicant any person who was previously employed as a pharmacy technician applicant at a pharmacy in the State and who failed to complete the pharmacy technician registration process or any person who has been the subject of disciplinary action by the Board.

13:39-6.7 Authorization to practice as a pharmacy technician; display of registration

(a) An applicant for registration as a pharmacy technician who has successfully satisfied all Board requirements for registration and has been approved by the Board to be registered shall, upon payment of the initial registration fee set forth in N.J.A.C. 13:39-1.3, receive an authorization signed by the Executive Director of the Board granting the applicant the right to practice as a pharmacy technician in the State of New Jersey until such time as an initial registration may be issued. The registrant shall maintain such authorization on his or her person at all times while engaging in the practice of pharmacy as a pharmacy technician until the initial registration is issued.

(b) Upon issuance, the current biennial renewal registration shall be conspicuously displayed in the registered pharmacy technician's principal place of employment.

(c) A registered pharmacy technician who is employed by more than one licensed pharmacy in the State shall maintain the wallet-sized registration issued by the Board on his or her person when he or she is working at a location where his or her current biennial renewal registration is not on display.

13:39-6.8 Replacement of technician registration

A replacement initial registration or renewal registration shall be issued by the Board upon payment of a fee as prescribed in N.J.A.C. 13:39-1.3 and upon submission of proof of the applicant's identity and reasonable proof of the loss or destruction of the initial registration or renewal registration, or upon return of the damaged initial registration or renewal registration to the Board.

13:39-6.9 Technician change of name

If a registered pharmacy technician legally changes the name under which he or she has been practicing as a pharmacy technician, the pharmacy technician shall notify the Board within 30 days of such change. The registered pharmacy technician shall submit original proof of the change of name or a certified copy of the court order or marriage certificate which shall be retained by the Board. When a replacement registration is issued, the initial registration shall be returned for cancellation and the pharmacy technician shall remit the required fee as prescribed in N.J.A.C. 13:39-1.3.

13:39-6.10 Technician change of address of record; service of process

(a) A registered pharmacy technician shall notify the Board in writing of any change in his or her address of record within 30 days of such change.

(b) Failure to notify the Board of any change in a registered pharmacy technician's address of record pursuant to (a) above may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h) and N.J.A.C. 13:45C-1.3, and the imposition of penalties set forth in N.J.S.A. 45:1-25.

(c) Service of any administrative complaint or other Board-initiated process at a registered pharmacy technician's address of record shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.

13:39-6.11 Verification of technician registration

A verification that the registration of a pharmacy technician is in good standing shall be supplied by the Board upon written request and upon payment of the fee set forth in N.J.A.C. 13:39-1.3.

13:39-6.12 Reproduction of technician registration prohibited

The initial registration, biennial registration or wallet-sized registration issued by the Board to any pharmacy technician shall not be reprinted, photographed, photostated, duplicated or reproduced by any other means either in whole or in part, except as provided in N.J.A.C. 13:39-6.8.

13:39-6.13 Biennial technician registration renewal; administrative suspension

(a) A pharmacy technician shall renew his or her registration for a period of two years from the last expiration date. The pharmacy technician shall submit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:39-1.3, prior to the date of registration expiration. A pharmacy technician who submits a renewal application within 30 days following the date of registration expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:39-1.3. A pharmacy technician who fails to submit a renewal application within 30 days of registration expiration shall have his or her registration suspended without a hearing. Such suspension shall be deemed an administrative suspension.

(b) A pharmacy technician who continues to perform the functions of a pharmacy technician with a suspended registration shall be deemed to be engaging in unauthorized practice as a pharmacy technician and shall be subject to the penalties set forth in N.J.S.A. 45:1-25 et seq.

(c) The Board shall send a notice of renewal to each pharmacy technician, at least 60 days prior to the expiration of his or her registration. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalty or fines shall apply to the pharmacy technician for any unauthorized practice during the period following the registration expiration, not to exceed the number of days short of 60 before the renewal was issued.

13:39-6.14 Reinstatement from administrative and disciplinary suspensions of a pharmacy technician's registration

(a) A pharmacy technician who has had his or her registration administratively suspended pursuant to N.J.A.C. 13:39-6.13 may apply to the Board for reinstatement following the date of registration expiration. A pharmacy technician applying for reinstatement shall submit:

1. A reinstatement application, including an affidavit of employment listing each job held during the period of registration suspension, including the names, addresses, and telephone numbers of each employer;

2. All past due renewal fees set forth in N.J.A.C. 13:39-1.3;

3. A reinstatement fee set forth in N.J.A.C. 13:39-1.3; and

4. Any outstanding penalties imposed by the Board.

(b) A pharmacy technician who has had his or her registration suspended pursuant to disciplinary action taken by the Board may apply to the Board for reinstatement of his or her registration at the conclusion of the suspension period. A pharmacy technician applying for reinstatement from a disciplinary suspension shall submit:

1. A renewal application, including an affidavit of employment listing each job held during the period of registration suspension, including the names, addresses, and telephone numbers of each employer;

2. A reinstatement fee set forth in N.J.A.C. 13:39-1.3;

3. The applicable renewal fee(s) set forth in N.J.A.C. 13:39-1.3; and

4. Evidence of having met all conditions imposed by the Board pursuant to the disciplinary and/or reinstatement order(s).

13:39-[6.6]6.15 Pharmacy technician[s] duties and pharmacist-technician ratios

(a) [Pharmacy] In addition to externs and interns, only pharmacy technicians and pharmacy technician applicants may assist the registered pharmacist in performing the following tasks:

1.-4. (No change.)

(b) Pharmacy technicians and pharmacy technician applicants may accept authorization from a patient for a prescription refill, or from a physician or his or her agent for a prescription renewal, provided that the prescription remains unchanged. The pharmacy technician or pharmacy technician applicant shall identify himself or herself as a pharmacy technician when accepting authorization from a physician or his or her agent. For purposes of this section, "prescription refill" means the dispensing of medications pursuant to a prescriber's authorization provided on the original prescription. For purposes of this section, "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 and pharmacy technician applicants shall not:

1.-9. (No change.)

(d) A pharmacy shall require all pharmacy technicians and pharmacy technician applicants employed by the pharmacy to sign a patient confidentiality statement. Such statements shall be maintained on-site by the pharmacy.

[(d)] (e) Except as provided in [(e)] (f) below, a pharmacist shall not supervise more than two pharmacy technicians at any given time. The pharmacist shall provide immediate personal supervision, as defined in N.J.A.C. 13:39-1.2, of all pharmacy technicians he or she supervises. Those personnel who do computer processing of prescriptions are to be included in the 1 to 2 ratio. A registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training, which shall not exceed 210 days, shall be excluded from the 1 to 2 ratio during such training. A pharmacist shall not supervise more than two persons receiving in-service training at the same time.

[(e)] (f) A pharmacy that [wishes to] employs a registered pharmacist to pharmacy technician ratio greater than 1:2 shall:

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

2. Ensure and document that [each] all pharmacy technicians who are working when the ratio exceeds 1:2 have: [passes the National Pharmacy Technician Certification Examination and fulfills the requirements to maintain this status, or completes a program which includes a testing component and which has been approved by the Board as satisfying the criteria set forth in (f) below;]

i. Passed the Pharmacy Technician Certification Board's Pharmacy Technician Certification Examination and have fulfilled the requirements to maintain this status;

ii. Passed a Board-approved certification program and have fulfilled the requirements to maintain this status; or

iii. Completed a program which includes a testing component which has been approved by the Board as satisfying the criteria set forth in (g) below. Completion of a program with a Board-approved testing component shall qualify the pharmacy technician to work only for the specific pharmacy and/or corporation for which the pharmacy technician was employed when the training was obtained. If the pharmacy technician becomes employed by another pharmacy and/or corporation, the pharmacy technician shall be required to complete the new employer's training program;

3. Ensure that [each] all pharmacy technicians [is] are knowledgeable in the established job descriptions, task protocols, and policies and procedures in the pharmacy setting in which the technicians [is] are to perform [his/her] their duties;

4. Ensure that the duties assigned to any pharmacy technician do not exceed the established job descriptions, task protocols, and policies and procedures, nor involve any of the prohibited tasks in (c) above[.];

5. Ensure that [each] all pharmacy technicians receive[s] in-service training before the pharmacy technicians assume[s] [his/her] their responsibilities and maintain documentation thereof. A registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training, which shall not exceed 210 days, shall be excluded from the 1 to 2 ratio during such training. A pharmacist shall not supervise more than two persons receiving in-service training at the same time;

[6. Require and maintain on site a signed patient confidentiality statement from each technician;]

Recodify existing 7.-8. as 6.-7. (No change in text.)

Recodify existing (f)-(g) as (g)-(h) (No change in text.)

[(h) On yearly pharmacy permit renewal applications, the pharmacy shall list the name and address of all pharmacy technicians which it currently employs.]

(i) When pharmacy technicians and pharmacy technician applicants are engaged in any permitted activities, the registered pharmacist(s) shall be responsible for all the activities of the pharmacy technicians and the pharmacy technician applicants.

13:39-7.8 Transfer of prescriptions between pharmacies

(a)-(e) (No change.)

(f) A prescription may be transferred by telephone between pharmacies for the purpose of refill dispensing provided that:

1.-2. (No change.)

3. The receiving pharmacist, intern[,] or extern [or technician] informs the patient or caregiver that the original prescription has been cancelled at the sending pharmacy.



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