The Board proposes the rule promulgation to provide guidance and criteria for the supervising pharmacist regarding the delegation of tasks to and supervision of pharmacy technicians.

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-27.4001Delegation to and Supervision of Pharmacy Technicians; Responsibility of Supervising Pharmacist.

PURPOSE AND EFFECT: The Board proposes the rule promulgation to provide guidance and criteria for the supervising pharmacist regarding the delegation of tasks to and supervision of pharmacy technicians.

SUMMARY: Supervising pharmacists will be provided guidance and the criteria for the delegation of tasks and supervision of pharmacy technicians.

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 this new rule as a compilation of existing requirements in other rules. Since the new rule does 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, 465.0155, 465.022 FS.

LAW IMPLEMENTED: 465.014, 465.026, 893.07 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:

 

64B16-27.4001 Delegation to and Supervision of Pharmacy Technicians; Responsibility of Supervising Pharmacist.

(1) Delegation: A pharmacist may delegate those non-discretionary delegable tasks enumerated in Rule 64B16-27.420, F.A.C., to the following types of pharmacy technicians:

(a) Registered Pharmacy Technicians (RPT): are those technicians who are duly registered with the board pursuant to Section 465.014 (2), F.S.;

(b) Pharmacy Technicians in Training (PTT): are those technicians who are receiving practical (non-didactic) training in delegable tasks as part of employer-based or non-employer based board-approved pharmacy technician training programs who are not required to be duly registered with the board as pharmacy technicians.

(2) Supervision: Delegated tasks must be performed under the direct supervision of a pharmacist and pursuant to the following definitions and requirements:

(a) Direct Supervision: means supervision by a pharmacist who is on the premises at all times the delegated tasks are being performed; who is aware of delegated tasks being performed; and who is readily available to provide personal assistance, direction and approval throughout the time the delegated tasks are being performed.

(b) Use of Technology: The pharmacist, as an adjunct to assist in the direct supervision of the pharmacy technician, may employ technological means to communicate with or observe the pharmacy technician. The pharmacist shall make certain all applicable state and federal laws, including, but not limited to confidentiality, are fully observed when employing technological means of communication and observation.

(c) Continuity of Supervision: The pharmacist shall maintain a continuity of direct supervision over all delegated tasks and shall not delegate more tasks than the delegating pharmacist can personally ensure compliance with this section regarding direct supervision.

(3) Responsibility of Supervising Pharmacist:

(a) The pharmacist who delegates a specific task shall be responsible for and retain the responsibility for the delegated act performed regardless of the responsibility of the pharmacy where the tasks are performed and regardless of the responsibility of the Prescription Department Manager or Consultant Pharmacy Manager.

(b) This subsection shall neither prohibit any other licensed pharmacist or relief pharmacist from accepting and assuming professional responsibility nor from assuming the direct supervision responsibility of delegated tasks previously assigned or delegated by another pharmacist whether or not the delegated tasks have been started, completed or are in the process of being completed.

Rulemaking Authority  465.005, 465.014, 465.0155, 465.022 FS. Law Implemented 465.014, 465.026, 893.07 FS. History–New _____________.

 

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: August 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 5, 2014