House Study Bill 27 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC HEALTH/BOARD OF
                                            PHARMACY EXAMINERS BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the practice of pharmacy and the registration
  2    of pharmacy technicians.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1090DP 82
  5 jr/gg/14

PAG LIN



  1  1    Section 1.  Section 155A.3, subsection 32, Code 2007, is
  1  2 amended to read as follows:
  1  3    32.  "Practice of pharmacy" is a dynamic patient=oriented
  1  4 health service profession that applies a scientific body of
  1  5 knowledge to improve and promote patient health by means of
  1  6 appropriate drug use, and related drug therapy, and the
  1  7 provision of those acts or services necessary to provide
  1  8 pharmaceutical care in all areas of patient care.
  1  9    Sec. 2.  Section 155A.6, Code 2007, is amended to read as
  1 10 follows:
  1 11    155A.6  PHARMACIST INTERNSHIP PROGRAM AND PHARMACY
  1 12 TECHNICIAN REGISTRATION.
  1 13    1.  A program of pharmacist internships is established.
  1 14 Each internship is subject to approval by the board.
  1 15    2.  A person desiring to be a pharmacist=intern in this
  1 16 state shall apply to the board for registration.  The
  1 17 application must be on a form prescribed by the board.  A
  1 18 pharmacist=intern shall be registered during internship
  1 19 training and thereafter pursuant to rules adopted by the
  1 20 board.
  1 21    3.  The board shall establish standards for
  1 22 pharmacist=intern registration and may deny, suspend, or
  1 23 revoke a pharmacist=intern registration for failure to meet
  1 24 the standards or for any violation of the laws of this state,
  1 25 another state, or the United States relating to prescription
  1 26 drugs, controlled substances, or nonprescription drugs, or for
  1 27 any violation of this chapter or chapter 124, 124A, 124B, 126,
  1 28 147, or 205, or any rule of the board.
  1 29    4.  The board shall adopt rules in accordance with chapter
  1 30 17A on matters pertaining to pharmacist=intern registration
  1 31 standards, registration fees, conditions of registration,
  1 32 termination of registration, and approval of preceptors.
  1 33    5.  A registration program for pharmacy technicians is
  1 34 established for the purposes of identification, tracking, and
  1 35 disciplinary action for the violation of federal drug laws or
  2  1 regulations, state drug or pharmacy laws, or board rules by
  2  2 pharmacy technicians.  The registration shall not include any
  2  3 determination of the competency of the registered individual
  2  4 and, notwithstanding section 272C.2, subsection 1, shall not
  2  5 require continuing education for renewal.  The ultimate
  2  6 responsibility for the actions of a pharmacy technician
  2  7 working under a licensed pharmacist's supervision shall remain
  2  8 with the licensed pharmacist.
  2  9    6.  A person who is or desires to be a pharmacy technician
  2 10 in this state shall apply to the board for registration.  The
  2 11 application must be submitted on a form prescribed by the
  2 12 board.  A pharmacy technician must be registered pursuant to
  2 13 rules adopted by the board.
  2 14    7.  The board may deny, suspend, or revoke a pharmacy
  2 15 technician registration for any violation of the laws of this
  2 16 state, another state, or the United States relating to
  2 17 prescription drugs, controlled substances, or nonprescription
  2 18 drugs, or for any violation of this chapter or chapter 124,
  2 19 124A, 124B, 126, 147, or 205, or any rule of the board.
  2 20    8.  The board shall adopt rules in accordance with chapter
  2 21 17A on matters pertaining to pharmacy technician registration
  2 22 applications, renewals, fees, termination of registration, and
  2 23 any other relevant matters.
  2 24    Sec. 3.  NEW SECTION.  155A.6A  PHARMACY TECHNICIAN
  2 25 REGISTRATION.
  2 26    1.  A registration program for pharmacy technicians is
  2 27 established for the purpose of establishing technician
  2 28 competency and for the purposes of identification, tracking,
  2 29 and disciplinary action for the violation of federal drug laws
  2 30 or regulations, state drug or pharmacy laws, or board rules.
  2 31 The ultimate responsibility for the actions of a pharmacy
  2 32 technician working under a licensed pharmacist's supervision
  2 33 shall remain with the licensed pharmacist.
  2 34    2.  A person who is or desires to be a pharmacy technician
  2 35 in this state shall apply to the board for registration.  The
  3  1 application shall be submitted on a form prescribed by the
  3  2 board.  A pharmacy technician must be registered pursuant to
  3  3 rules adopted by the board.  Except as provided in subsection
  3  4 3, beginning July 1, 2010, all applicants for a new pharmacy
  3  5 technician registration or for a pharmacy technician renewal
  3  6 shall provide proof of current certification by a national
  3  7 technician certification authority approved by the board.
  3  8 Notwithstanding section 272C.2, subsection 1, a pharmacy
  3  9 technician registration shall not require continuing education
  3 10 for renewal.
  3 11    3.  Beginning July 1, 2009, a person who is in the process
  3 12 of acquiring national certification as a pharmacy technician
  3 13 and who is in training to become a pharmacy technician shall
  3 14 register with the board as a pharmacy technician.  The
  3 15 registration shall be issued for a period not to exceed one
  3 16 year and shall not be renewable.
  3 17    4.  The board shall adopt rules in accordance with chapter
  3 18 17A on matters pertaining to pharmacy technician registration,
  3 19 application, forms, renewals, fees, termination of
  3 20 registration, national certification, training, and any other
  3 21 relevant matters.
  3 22    5.  The board may deny, suspend, or revoke the registration
  3 23 of, or otherwise discipline, a registered pharmacy technician
  3 24 for any violation of the laws of this state, another state, or
  3 25 the United States relating to prescription drugs, controlled
  3 26 substances, or nonprescription drugs, or for any violation of
  3 27 this chapter or chapter 124, 124A, 124B, 126, 147, 205, or
  3 28 272C, or any rule of the board.
  3 29                           EXPLANATION
  3 30    This bill establishes a pharmacy technician registration
  3 31 program to include certification by a national certification
  3 32 authority approved by the board.  The board currently
  3 33 registers pharmacy technicians for the purposes of
  3 34 registration, tracking, and disciplinary action, without
  3 35 recognition or identification of an individual's competency or
  4  1 level of training.  The bill rescinds provisions regarding the
  4  2 current pharmacy technician registration program and
  4  3 establishes a new registration program that requires
  4  4 certification of all pharmacy technicians beginning July 1,
  4  5 2010.
  4  6    The bill also amends the definition of the practice of
  4  7 pharmacy to include acts and services provided by pharmacists
  4  8 in the course of providing pharmaceutical care to the
  4  9 pharmacist's patients.
  4 10 LSB 1090DP 82
  4 11 jr:rj/gg/14.1