The Board proposes the rule amendment to update language regarding delegable tasks for the pharmacy technician.

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-27.420Pharmacy Technician - Delegable and Non-Delegable Tasks

PURPOSE AND EFFECT: The Board proposes the rule amendment to update language regarding delegable tasks for the pharmacy technician.

SUMMARY: Language will be updated regarding delegable tasks for the pharmacy technician.

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: 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: Jennifer Wenhold, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin C04, Tallahassee, Florida 32399-3254.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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

A pharmacy technician may only assist a pharmacist in executing or carrying out the practice of the profession of pharmacy, but shall never themselves engage in the practice of the profession of pharmacy as defined in Chapter 465, F.S. Therefore, pharmacy technicians may only perform delegable tasks as identified and defined pursuant to this rule.

(1) 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 professional judgment that is the foundation of the practice of the profession of pharmacy. 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) Organizing of or participating in continuous quality improvement related events, meetings, or presentations;

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

(k) While under the direct supervision of the pharmacist, performance of any other mechanical, technical or administrative tasks which do not themselves constitute practice of the profession of pharmacy.

(2) No change.

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, 2-5-15, 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: October 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 6, 2019