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Text: SSB02166                          Text: SSB02168
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Senate Study Bill 2167

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 155A.3, Code Supplement 1995, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  25A.  "Pharmacy technician" means a person
  1  4 registered by the board who is in a technician training
  1  5 program or who is employed by a pharmacy under the
  1  6 responsibility of a licensed pharmacist to assist in the
  1  7 technical functions of the practice of pharmacy.
  1  8    Sec. 2.  Section 155A.6, subsections 2, 3, and 4, Code
  1  9 1995, are amended to read as follows:
  1 10    2.  A person desiring to be a pharmacist-intern in this
  1 11 state shall apply to the board for registration.  The
  1 12 application must be on a form prescribed by the board.  A
  1 13 pharmacist-intern must shall be registered during internship
  1 14 training and thereafter pursuant to rules adopted by the
  1 15 board.
  1 16    3.  The board shall establish standards for pharmacist-
  1 17 intern registration and may deny, suspend, or revoke a
  1 18 pharmacist-intern registration for failure to meet the
  1 19 standards or for any violation of the laws of this state,
  1 20 another state, or the United States relating to prescription
  1 21 drugs, controlled substances, or nonprescription drugs, or for
  1 22 any violation of this chapter or chapter 124, 124A, 124B, 126,
  1 23 147, or 205, or any rule of the board.
  1 24    4.  The board shall adopt rules in accordance with chapter
  1 25 17A on matters pertaining to pharmacist-intern registration
  1 26 standards, registration fees, conditions of registration,
  1 27 termination of registration, and approval of preceptors.
  1 28    Sec. 3.  Section 155A.6, Code 1995, is amended by adding
  1 29 the following new subsections:
  1 30    NEW SUBSECTION.  5.  A registration program for pharmacy
  1 31 technicians is established for the purposes of identification,
  1 32 tracking, and disciplinary action for the violation of federal
  1 33 drug laws or regulations, state drug or pharmacy laws, or
  1 34 board rules by pharmacy technicians.  The registration shall
  1 35 not include any determination of the competency of the
  2  1 registered individual and, notwithstanding section 272C.2,
  2  2 subsection 1, shall not require continuing education for
  2  3 renewal.  The ultimate responsibility for the actions of a
  2  4 pharmacy technician working under a licensed pharmacist's
  2  5 supervision shall remain with the licensed pharmacist.
  2  6    NEW SUBSECTION.  6.  A person who is or desires to be a
  2  7 pharmacy technician in this state shall apply to the board for
  2  8 registration.  The application must be submitted on a form
  2  9 prescribed by the board.  A pharmacy technician must be
  2 10 registered pursuant to rules adopted by the board.
  2 11    NEW SUBSECTION.  7.  The board may deny, suspend, or revoke
  2 12 a pharmacy technician registration for any violation of the
  2 13 laws of this state, another state, or the United States
  2 14 relating to prescription drugs, controlled substances, or
  2 15 nonprescription drugs, or for any violation of this chapter or
  2 16 chapter 124, 124A, 124B, 126, 147, or 205, or any rule of the
  2 17 board.
  2 18    NEW SUBSECTION.  8.  The board shall adopt rules in
  2 19 accordance with chapter 17A on matters pertaining to pharmacy
  2 20 technician registration applications, renewals, fees,
  2 21 termination of registration, and any other relevant matters.
  2 22    Sec. 4.  Section 155A.33, Code 1995, is amended to read as
  2 23 follows:
  2 24    155A.33  DELEGATION OF NONJUDGMENTAL TECHNICAL FUNCTIONS.
  2 25    A pharmacist may delegate nonjudgmental technical
  2 26 dispensing functions to assistants pharmacy technicians, but
  2 27 only if the pharmacist is physically present to verify the
  2 28 accuracy and completeness of the patient's prescription prior
  2 29 to the delivery of the prescription to the patient or the
  2 30 patient's representative.  
  2 31                           EXPLANATION
  2 32    This bill provides for the designation of individuals who
  2 33 are employed by and assist with the technical functions of a
  2 34 pharmacy practice as pharmacy technicians.  Procedures and
  2 35 standards for pharmacy technician registration with, and
  3  1 payment of fees to, the board of pharmacy examiners are
  3  2 provided for, as well as for denial, suspension, and
  3  3 revocation of registration.  Registration does not determine
  3  4 the competency of a pharmacy technician, and the licensed
  3  5 pharmacist is regarded as ultimately responsible for the
  3  6 actions of a pharmacy technician under the pharmacist's
  3  7 supervision.  Continuing education will not be required for
  3  8 registration renewal.  The bill provides that, in their
  3  9 supervisory capacity, pharmacists may delegate technical
  3 10 dispensing functions to pharmacy technicians provided the
  3 11 pharmacist is physically present to verify prescription
  3 12 accuracy and completeness.  
  3 13                      BACKGROUND STATEMENT
  3 14                     SUBMITTED BY THE AGENCY
  3 15    Regarding sections 1, 3, and 4 of the bill, there are
  3 16 approximately 5,000 persons in Iowa who are employed by
  3 17 licensed pharmacies as "pharmacy technicians".  Currently, the
  3 18 board cannot completely identify who these persons are or
  3 19 where they are employed.  Furthermore, the term "pharmacy
  3 20 technician" is not defined in Iowa law.  These persons have
  3 21 direct access to prescription drugs and controlled substances.
  3 22 Some of these persons are employed at more than one pharmacy.
  3 23 Some become involved in drug diversion.  In early 1994 an
  3 24 opinion survey of all Iowa-licensed pharmacists was conducted.
  3 25 Sixty-five percent of the pharmacists who responded to the
  3 26 survey (1,387 pharmacists) agreed that pharmacy technicians
  3 27 should be registered with the Iowa board of pharmacy
  3 28 examiners.  In April 1994 the Iowa pharmacy technician
  3 29 advisory task force concluded a six-month study and issued a
  3 30 77-page final report containing 16 recommendations.  The task
  3 31 force recommended, among other things, that "pharmacy
  3 32 technicians in Iowa should be required to register with the
  3 33 Iowa board of pharmacy examiners for the purposes of
  3 34 identification, tracking, and disciplinary action."  The board
  3 35 agrees that it needs to implement the recommendations of the
  4  1 task force by defining "pharmacy technician" and by
  4  2 establishing a registry of all persons who are employed as
  4  3 pharmacy technicians in Iowa.  The board also needs the
  4  4 ability to deny, suspend, or revoke a pharmacy technician
  4  5 registration and needs the authority to adopt rules pertaining
  4  6 to the registration of pharmacy technicians.  The purpose of
  4  7 these sections is to give the board regulatory authority over
  4  8 persons who are employed as pharmacy technicians in Iowa and
  4  9 to enhance the board's ability to protect Iowa citizens from
  4 10 the harmful effects of unlawful drug distribution and to allow
  4 11 the board to establish an information and disciplinary
  4 12 clearinghouse for pharmacy technicians similar to that already
  4 13 in place for pharmacists.
  4 14    Regarding section 2 of the bill, the board needs broader
  4 15 ability to deny, suspend, or revoke a pharmacist-intern
  4 16 registration.  The purpose of this section is to establish
  4 17 grounds for which the board may deny, suspend, or revoke a
  4 18 pharmacist-intern registration which are uniform with the
  4 19 grounds for which the board may deny, suspend, or revoke other
  4 20 licenses and registrations under its jurisdiction.  This will
  4 21 give the board the ability to deal with problems that arise
  4 22 when a person who is employed as a pharmacist-intern becomes
  4 23 involved in any of the following:  pharmaceutical diversion or
  4 24 unlawful distribution of drugs; unauthorized practice of
  4 25 pharmacy; or any other unlawful activity relating to the
  4 26 practice of pharmacy or the distribution of controlled
  4 27 substances, precursor substances, prescription drugs, or
  4 28 nonprescription drugs in Iowa.  
  4 29 LSB 3301DP 76
  4 30 rn/jj/8.2
     

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