The Board proposes the rule amendment to update the ratios of registered pharmacy technicians to pharmacists and to add language regarding determination of the appropriate pharmacist-technician supervision ratio.

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-27.410Registered Pharmacy Technician to Pharmacist Ratio

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the ratios of registered pharmacy technicians to pharmacists and to add language regarding determination of the appropriate pharmacist-technician supervision ratio.

SUMMARY: The ratios of registered pharmacy technicians to pharmacists will be updated and language regarding determination of the appropriate pharmacist-technician supervision ratio will be added.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. 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: 456.069(1), 465.005, 465.014, 465.017, 465.022 FS.

LAW IMPLEMENTED: 465.014, 465.022 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: C. Erica White, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin C04, Tallahassee, Florida 32399-3254.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B16-27.410 Registered Pharmacy Technician to Pharmacist Ratio.

(1) through (4) No change.

(5) Six Four to One (64:1) Ratio: Any pharmacy or any pharmacist may allow a supervision ratio of up to six (6) four (4) registered pharmacy technicians to one (1) pharmacist (6 4:1), as long as the pharmacist or pharmacy is not engaged in sterile compounding.

(6) Eight Six to One (86:1) Ratio:

(a) Non-dispensing pharmacies. Any pharmacy which does not dispense medicinal drugs, and the pharmacist(s) employed by such pharmacy, may allow a supervision ratio of up to eight six (86) registered pharmacy technicians to one (1) pharmacist (86:1), as long as the pharmacy or pharmacist is not engaged involved in sterile compounding.

(b) Dispensing pharmacies. A pharmacy which dispenses medicinal drugs may utilize a eight six to one (86:1) ratio in any physically separate area of the pharmacy from which medicinal drugs are not dispensed.  A “physically separate area” is a part of the pharmacy which is separated by a permanent wall or other barrier which restricts access between the two areas.

(7) The determination of the appropriate pharmacist-technician supervision ratio shall be made by the Prescription Department Manager or Consultant Pharmacist of Record.  No other person, permitee, or licensee shall interfere with the exercise of the Prescription Department Manager or Consultant Pharmacist of Record’s independent professional judgement in setting the pharmacist to technician ratio(s).

Rulemaking Authority 465.005, 456.069(1), 465.014, 465.017, 465.022 FS. Law Implemented 465.014, 465.022 FS. History–New 2-14-77, Amended 3-31-81, Formerly 21S-4.02, Amended 8-31-87, Formerly 21S-4.002, Amended 9-9-92, Formerly 21S-27.410, 61F10-27.410, Amended 1-30-96, Formerly 59X-27.410, Amended 2-23-98, 10-15-01, 1-1-10, 1-7-15, 7-6-15,               .

 

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: December 12, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2018