The Board proposes the rule amendment to enumerate tasks which are and are not delegable to a pharmacy technician.

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-27.420Registered Pharmacy Technician Responsibilities

PURPOSE AND EFFECT: The Board proposes the rule amendment to enumerate tasks which are and are not delegable to a pharmacy technician.

SUMMARY: Tasks which are and are not delegable to a pharmacy technician will be specified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Board proposes substantial rewording of the existing rule to clearly enumerate which tasks contained in several other Board rules may or may not be delegated to pharmacy technicians. Since the amendments do not impose any new or additional requirements, the Board believes this rule will not impose any costs on regulated entities, small businesses, or government. To the contrary, since this rule will provide clarity, the Board believes this rule will actually reduce regulatory burdens and costs. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 465.005, 465.014 FS.

LAW IMPLEMENTED: 465.014 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Patrick Kennedy, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(Substantial rewording of Rule 64B16-27.420 follows. See Florida Administrative Code for present text.)

 

64B16-27.420 Pharmacy Technician – Non-Discretionary Delegable and Non-Delegable Tasks Registered Pharmacy Technician Responsibilities.

Pharmacy technicians may only perform non-discretionary delegable tasks (delegable tasks) as identified and defined pursuant to this rule. The pharmacy technician may only assist a pharmacist in executing or carrying out the professional practice of pharmacy, but shall never themselves engage in the professional practice of pharmacy as defined in Chapter 465, F.S.

(1) Definition of Delegable Tasks – Delegable tasks are those tasks that are performed pursuant to a pharmacist's direction, without the exercise of the pharmacy technician’s own judgment and discretion, and which do not require the pharmacy technician to exercise the independent discretionary professional judgment that is exercised by a pharmacist when practicing the profession of pharmacy.

(2) Delegable Tasks – The following tasks are delegable:

(a) Data entry;

(b) Labeling of preparations and prescriptions;

(c) Retrieval of prescription files, patient files and profiles, and other similar records pertaining to the practice of pharmacy;

(d) The counting, weighing, measuring, and pouring of prescription medication or stock legend drugs and controlled substances, including the filling of an automated medication system;

(e) The initiation of communication to confirm the patient’s name, medication, strength, quantity, directions, number of refills, and date of last refill;

(f) The initiation of communication with a prescribing practitioner or their agents to obtain clarification on missing or illegible dates, prescriber name, brand or generic preference, quantity, license numbers or DEA registration numbers;

(g) The acceptance of authorization to dispense medications pursuant to a prescribing practitioner’s authorization to fill an existing prescription that has no refills remaining (refill authorization);

(h) The receiving, in a permitted nuclear pharmacy, of diagnostic orders only;

(i) Assisting in preparing parenteral and bulk solutions or assisting in any act involving sterile compounding must comply with the requirements of Rule 64B16-27.1001, F.A.C.

(j) Organizing of or participating in continuous quality improvement related events, meetings, or presentations;

(k) Participation in a monitoring program to remove deteriorated pharmaceuticals to a quarantine area; and

(l) Performance of non-cognizant tasks under the direct supervision of the pharmacist.

(3) Non-Delegable Tasks – The following tasks may not be delegated and the pharmacy technician shall not:

(a) Receive new verbal prescriptions or any change in the medication, strength, or directions of an existing prescription;

(b) Interpret a prescription or medication order for therapeutic acceptability and appropriateness;

(c) Conduct final verification of dosage and directions;

(d) Engage in prospective drug review;

(e) Monitor prescription usage;

(f) Override clinical alerts without first notifying the pharmacist;

(g) Transfer a prescription;

(h) Prepare a copy of a prescription or read a prescription to any person for purposes of providing reference concerning treatment of the person or animal for whom the prescription was written;

(i) Engage in patient counseling;

(j) Receive therapy or blood product procedures in a permitted nuclear pharmacy; or

(k) Engage in any other act that requires the exercise of professional judgment.

Rulemaking Authority 465.005, 465.014 FS. Law Implemented 465.014 FS. History–New 8-31-87, Formerly 21S-4.0025, Amended 7-30-91, Formerly 21S-27.420, 61F10-27.420, 59X-27.420, Amended 2-23-98, 1-1-10, 8-26-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Pharmacy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Pharmacy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 8, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 19, 2014