GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 751*

 
 
Short Title:	Pharmacy Technicians.	()	
Sponsors:	Representatives Allen;  Alexander, Bowie, Buchanan, Cansler, Cox, Cunningham, Dedmon, Earle, Edwards, Gibson, Hurley, Morris, Rogers, Wainwright, Walend, and Wright.	
Referred to:	Finance.	
March 26, 2001

	A BILL TO BE ENTITLED
AN ACT to amend the north carolina pharmacy practice act by authorizing the board to establish registration criteria for pharmacy technicians.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑85.3 is amended by adding the following new subsections to read:
"(q1)	'Pharmacy personnel' means pharmacists and pharmacy technicians.
(q2)	'Pharmacy technician' means an unlicensed person who, under the supervision of a pharmacist, performs technical functions to assist the pharmacist in preparing and dispensing prescription medications and is subject to the registration requirements under G.S. 90-85.15A."
SECTION 2.  Article 4A of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-85.15A.  Requirements for registration as a pharmacy technician; supervision; reporting.
(a)	Upon payment of the required fee, pursuant to G.S. 90-85.24, a person may be registered as a pharmacy technician if the person has a high school diploma or equivalent or is currently enrolled in a program that awards a high school diploma or equivalent and the person completes, within 180 days of the original registration, a training program that includes pharmacy terminology, pharmacy calculations, dispensing systems and labeling requirements, pharmacy laws and regulations, record keeping and documentation, and the proper handling and storage of medications.
(b)	The number of pharmacy technicians who are supervised by a pharmacist shall be no more than two pharmacy technicians to one pharmacist. However, the number of pharmacy technicians supervised by one pharmacist may be expanded from two pharmacy technicians to three pharmacy technicians, if at least one of the technicians has passed a nationally recognized pharmacy technician certification board exam, or its equivalent, that has been approved by the Board. Upon receiving written approval from the Board, the number of pharmacy technicians supervised by one pharmacist may be further expanded, if the additional pharmacy technicians have passed a nationally recognized pharmacy technician certification board exam, or its equivalent, that has been approved by the Board.
(c)	All pharmacy technicians shall register annually with the Board of Pharmacy. The pharmacist-manager of any site employing a person defined as a pharmacy technician, pursuant to G.S. 90-85.3(q2), shall report the employment annually to the Board and notify the Board within 30 days of the date the person began employment. However, annual registration shall not be required for pharmacy students who are enrolled in a school of pharmacy approved by the Board pursuant to G.S. 90-85.13."
SECTION 3.  G.S. 90‑85.21(a) reads as rewritten:
"§ 90‑85.21.  Pharmacy permit.
(a)	In accordance with Board regulations, each pharmacy in North Carolina shall annually register with the Board on a form provided by the Board. The application shall identify the pharmacist‑manager of the pharmacy and all pharmacy personnel employed in the pharmacy. All pharmacist‑managers shall notify the Board of any change in pharmacy personnel within 30 days of the change."
SECTION 4.  G.S. 90‑85.24 reads as rewritten:
"§ 90‑85.24.  Fees collectible by Board.
The Board of Pharmacy shall be entitled to charge and collect not more than the following fees: for the examination of an applicant for license as a pharmacist, one hundred sixty dollars ($160.00) plus the cost of the test material; for renewing the license as a pharmacist, one hundred ten dollars ($110.00); for registration of a pharmacy technician as required under G.S. 90-85.15A, twenty-five dollars ($25.00); for licenses without examination as provided in G.S. 90‑85.20, original, four hundred dollars ($400.00); for original registration of a pharmacy, three hundred fifty dollars ($350.00), and renewal thereof, one hundred seventy‑five dollars ($175.00); for annual registration as a dispensing physician under G.S. 90‑85.21(b), fifty dollars ($50.00); for annual registration as a dispensing physician assistant under G.S. 90‑18.1, fifty dollars ($50.00); for annual registration as a dispensing nurse practitioner under G.S. 90‑18.2, fifty dollars ($50.00); for registration of any change in pharmacist personnel as required under G.S. 90‑85.21(a), twenty‑five dollars ($25.00); for a duplicate of any license, permit, or registration issued by the Board, twenty‑five dollars ($25.00); for registration to dispense devices, deliver medical equipment, or both, three hundred dollars ($300.00) per year. All fees shall be paid before any applicant may be admitted to examination or the applicant's name may be placed upon the register of pharmacists or before any license or permit, or any renewal thereof, may be issued by the Board."
SECTION 5.  G.S. 90‑85.38 reads as rewritten:
"§ 90‑85.38.  Disciplinary authority.
(a)	The Board may, in accordance with Chapter 150B of the General Statutes, issue a letter of reprimand or suspend, restrict, revoke, or refuse to grant or renew a license to practice pharmacy, or require licensees to successfully complete remedial education if the licensee has done any of the following:
(1)	Made false representations or withheld material information in connection with securing a license or permit.
(2)	Been found guilty of or plead guilty or nolo contendere to any felony in connection with the practice of pharmacy or the distribution of drugs.
(3)	Indulged in the use of drugs to an extent that renders him unfit to practice pharmacy.
(4)	Made false representations in connection with the practice of pharmacy that endanger or are likely to endanger the health or safety of the public, or that defraud any person.
(5)	A physical or mental disability that renders him unfit to practice pharmacy with reasonable skill, competence and safety to the public.
(6)	Failed to comply with the laws governing the practice of pharmacy and the distribution of drugs.
(7)	Failed to comply with the rules and regulations of the Board.
(8)	Engaged in, or aided and abetted an individual to engage in, the practice of pharmacy without a license.
(9)	Been negligent in the practice of pharmacy.
(b)	The Board, in accordance with Chapter 150B of the General Statutes, may suspend, revoke, or refuse to grant or renew any permit for the same conduct as stated in subsection (a).
(c)	Any license or permit obtained through false representation or withholding of material information shall be void and of no effect.
(d)	The Board may, in accordance with Chapter 150B of the General Statutes and regulations adopted by the Board, issue a letter of reprimand or suspend, restrict, revoke, or refuse to grant or renew the registration of a pharmacy technician if the pharmacy technician has:
(1)	Made false representations or withheld material information in connection with obtaining a registration.
(2)	Engaged in any of the same conduct as stated in subdivisions (a)(2) through (a)(9) of this section."
SECTION 6.  This act becomes effective January 1, 2002.