Struck = removed from the bill ยท
added = the amendment's new text.
SENATEH0770B4403A07746 AMENDEDMSP:JSL PRIOR10/19/20 PRINTER'S#90 NOS.A07746 AMENDMENTS TO HOUSE BILL NO.
843,770 4403Sponsor: PRINTER'S NO.
4562SENATOR THETOMLINSON GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
7704403 2019Amend INTKULIK,Bill, YOUNGBLOOD,page CALTAGIRONE,1, McNEILL,line DEASY,8, CIRESI,by RAVENSTAHL,inserting MATZIE,after KORTZ,"supervision" KENYATTA,and T.for pharmacy technician data entry Amend Bill, page 2, line 18, by striking out "a section" and inserting sections Amend Bill, page 2, line 26, by striking out "A" and inserting Except as provided under section 3.4, a Amend Bill, page 5, by inserting between lines 20 and 21 Section 3.4.
DAVISPharmacy ANDTechnician HOWARD,Data MARCHEntry.--A 11,pharmacy 2019technician ASmay AMENDEDconduct ONdata SECONDentry CONSIDERATION,including INprescription SENATE,entry, OCTOBERdrug 19,order 2020or ANpatient ACTinformation Amendinginto thea actpatient ofprofile Septembervia 27,technological 1961means (P.L.1700,without No.699), entitled "An act relating to the regulationimmediate ofsupervision the practice of pharmacy,a includingboard thelicensed sales,pharmacist useif andall distribution of drugsthe andfollowing devicesapply: at retail;
and(1) amending,The revising,pharmacy consolidatinghas documented policies and repealingprocedures certainand lawsother relatingadequate thereto,"safeguards furtherto providingprotect foragainst definitions;patient harm and privacy incidents.
and(2) providingThe for pharmacy qualificationstechnician andis supervision,adequately FORtrained PHARMACYto TECHNICIANperform DATAthe <--data ENTRYentry ANDtask. FOR LABORATORY WAIVER.
The(3) GeneralA Assemblysupervising pharmacist is readily available to answer questions of the Commonwealthpharmacy oftechnician Pennsylvaniaand herebyis enactsresponsible asfor follows:the practice and accuracy of the pharmacy technician.
Section(4) 1.No part of the data entry includes any direct interaction with prescription medication.
SectionAmend 2Bill, ofpage the5, actline of26, Septemberby striking out "act" and inserting section Amend Bill, page 5, line 27, 1961by (P.L.1700,inserting No.699),after known"to" as, except for the Pharmacyaddition Act,of issection amended3.4, Amend Bill, page 5, line 28, by addingstriking clausesout to"in read:60 days." 2020/90MSP/HB0770A07746 - 1 - and inserting as follows:
Section(1) 2.The following provisions shall take effect immediately:
Definitions.--As(i) usedThis insection. this act:
*(ii) *The *addition (20)of "Pharmacysection technician"3.4 meansof anthe individualact. who:
(i)(2) IsThe registeredremainder withof thethis boardact asshall atake pharmacyeffect technician.in 60 days.
(ii)2020/90MSP/HB0770A07746 May- assist2 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.
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 - 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 - 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 - 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 - 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 - 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 -