Texas Scorecard

Grading Scale:
A – 85-100%, B – 70-84.9%, C – 55-69.9%, D – 40-54.9%, F – 0-39.9%

Grading Categories & Criteria

Texas Law

I. Laws
TEXAS STATUTES
http://www.statutes.legis.state.tx.us/Docs/OC/pdf/OC.551.pdf

Sec.A551.003.DEFINITIONS. In Chapters 551-566:
(32)“Pharmacy technician” means an individual
employed by a pharmacy whose responsibility is to provide technical
services that do not require professional judgment regarding
preparing and distributing drugs and who works under the direct
supervision of and is responsible to a pharmacist.

Sec.A554.001.GENERAL POWERS AND DUTIES OF BOARD.

Sec.A554.002.REGULATION OF PRACTICE OF PHARMACY. The
board shall regulate the practice of pharmacy in this state by:
(6)regulating the training, qualifications, and
employment of a pharmacist-intern and pharmacy technician;

Sec.A554.053.RULEMAKING: PHARMACY TECHNICIAN. (a) The
board shall establish rules for the use and the duties of a pharmacy
technician in a pharmacy licensed by the board. A technician shall
be responsible to and must be directly supervised by a pharmacist.
(b)The board may not adopt a rule establishing a ratio of
pharmacists to pharmacy technicians in a Class C pharmacy or
limiting the number of pharmacy technicians that may be used in a
Class C pharmacy.
(c)The board shall determine and issue standards for
recognition and approval of a training program for pharmacy
technicians and maintain a list of board-approved training programs
that meet those standards.

Sec.A568.001.RULES RELATING TO PHARMACY TECHNICIANS. (a) In establishing rules under Section 554.053(c), the board shall
require that a pharmacy technician:
(1)have a high school diploma or a high school
equivalency certificate or be working to achieve an equivalent
diploma or certificate; and
(2)have passed a board-approved pharmacy technician
certification examination.
(b)The board shall adopt rules that permit a pharmacy
technician to perform only nonjudgmental technical duties under the
direct supervision of a pharmacist.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff. Sept.
1, 2001.
Sec.A568.002.PHARMACY TECHNICIAN REGISTRATION REQUIRED.
(a) A pharmacy technician must register with the board annually or
biennially, as determined by board rule, on a form prescribed by the
board.
(b)The board may allow a technician to petition the board
for a special exemption from the technician certification
requirement if the technician:
(1)is in a county with a population of less than
50,000; or
(2)on September 1, 2001, has been employed as a
pharmacy technician in this state for at least 10 years and the
technician ’s employer approves the petition.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff. Sept.
1, 2001.
Sec. 568.003.GROUNDS FOR DISCIPLINARY ACTION. (a) The
board may take disciplinary action under Section 568.0035 if the
board determines that the applicant or registrant has:
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(1)violated this subtitle or a rule adopted under
this subtitle;
(2)engaged in gross immorality, as that term is
defined by the rules of the board;
(3)engaged in any fraud, deceit, or
misrepresentation, as those terms are defined by the rules of the
board, in seeking a registration to act as a pharmacy technician;
(4)been convicted of or placed on deferred
adjudication community supervision or deferred disposition or the
applicable federal equivalent for:
(A)a misdemeanor:
(i)involving moral turpitude; or
(ii)under Chapter 481 or 483, Health and
Safety Code, or the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B)a felony;
(5)developed an incapacity that prevents the
applicant or registrant from practicing as a pharmacy technician or
pharmacy technician trainee with reasonable skill, competence, and
safety to the public;
(6)violated:
(A)Chapter 481 or 483, Health and Safety Code,
or rules relating to those chapters;
(B)Sections 485.031-485.035, Health and Safety
Code; or
(C)a rule adopted under Section 485.011, Health
and Safety Code;
(7)violated the pharmacy or drug laws or rules of this
state, another state, or the United States;
(8)performed duties in a pharmacy that only a
pharmacist may perform, as defined by the rules of the board;
(9)used alcohol or drugs in an intemperate manner
that, in the board ’s opinion, could endanger a patient ’s life;
(10)engaged in negligent, unreasonable, or
inappropriate conduct when working in a pharmacy;
(11)violated a disciplinary order;
(12)been convicted or adjudicated of a criminal
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offense that requires registration as a sex offender under Chapter
62, Code of Criminal Procedure; or
(13)been disciplined by a pharmacy or other health
regulatory board of this state or another state for conduct
substantially equivalent to conduct described by this subsection.
(b)A certified copy of the record of a state taking action
described by Subsection (a)(13) is conclusive evidence of the
action taken by the state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff. Sept.
1, 2001.
Sec.A568.006.RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS.
The ratio of pharmacists to pharmacy technicians in a Class A
pharmacy must be at least one pharmacist for every five pharmacy
technicians if the Class A pharmacy dispenses not more than 20
different prescription drugs and does not produce intravenous or
intramuscular drugs on-site.
Added by Acts 2003, 78th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 2003.
Sec. 568.007.REGISTRATION OF PHARMACY TECHNICIAN TRAINEE.
(a) A person must register with the board before beginning work in
a pharmacy in this state as a pharmacy technician trainee.
(b)An application for registration as a pharmacy
technician trainee must be on a form prescribed by the board.
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(c)A person ’s registration as a pharmacy technician
trainee remains in effect as long as the person meets the
qualifications specified by board rule.
(d)The board may, on a determination that a ground for
discipline exists under Section 568.003, take disciplinary action
against a pharmacy technician trainee under Section 568.0035.
Added by Acts 2005, 79th Leg., Ch. 1345, Sec. 35, eff. September 1,
2005.
Sec. 568.008.TECHNICIANS IN HOSPITALS WITH CLINICAL
PHARMACY PROGRAM. (a) In this section, “clinical pharmacy
program” means a program that provides pharmaceutical care services
as specified by board rule.
(b)A Class C pharmacy that has an ongoing clinical pharmacy
program may allow a pharmacy technician to verify the accuracy of
work performed by another pharmacy technician relating to the
filling of floor stock and unit dose distribution systems for a
patient admitted to the hospital if the patient ’s orders have
previously been reviewed and approved by a pharmacist.
(c)The pharmacist-in-charge of the clinical pharmacy
program shall adopt policies and procedures for the verification
process authorized by this section.
(d)A hospital must notify the board before implementing the
verification process authorized by this section.
(e)The board shall adopt rules to implement this section,
including rules specifying:
(1)the duties that may be verified by another
pharmacy technician;
(2)the records that must be maintained for the
verification process; and
(3)the training requirements for pharmacy
technicians who verify the accuracy of the work of other pharmacy technicians.
Added by Acts 2009, 81st Leg., R.S., Ch. 1128, Sec. 2, eff. June 19,
2009.
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TEXAS ADMINISTRATIVE CODE
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=22&pt=15&ch=297&rl=Y

RULE §297.3 Registration Requirements
a) General.
(1) Individuals who are not registered with the Board may not be employed as or perform the duties of a pharmacy technician or pharmacy technician trainee.
(2) Individuals who have previously applied and registered as a pharmacy technician, regardless of the pharmacy technician’s current registration status, may not register as a pharmacy technician trainee.
(3) Individuals who apply and are qualified for both a pharmacy technician trainee registration and a pharmacy technician registration concurrently will not be considered for a pharmacy technician trainee registration.
(b) Registration for pharmacy technician trainees. An individual may register as a pharmacy technician trainee only once and the registration may not be renewed.
(1) Each applicant for pharmacy technician trainee registration shall:
(A) have a high school or equivalent diploma (e.g., GED), or be working to achieve a high school or equivalent diploma. For the purposes of this subparagraph, an applicant for registration may be working to achieve a high school or equivalent diploma for no more than two years;
(B) complete the Texas application for registration that includes the following information:
(i) name;
(ii) addresses, phone numbers, dates of birth, and social security numbers; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number; and
(iii) any other information requested on the application.
(C) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees.
(2) Once an applicant has successfully completed all requirements of registration, and the board has determined there are no grounds to refuse registration, the applicant will be notified of registration as a pharmacy technician trainee and of his or her pharmacy technician trainee registration number.
(3) Pharmacy technician trainee registrations expire two years from the date of registration or upon issuance of registration as a registered pharmacy technician, whichever is earlier.
(c) Initial registration for pharmacy technicians.
(1) Each applicant for pharmacy technician registration shall:
(A) have a high school or equivalent diploma (e.g., GED), or be working to achieve a high school or equivalent diploma. For the purpose of this clause, an applicant for registration may be working to achieve a high school or equivalent diploma for no more than two years; and
(B) either have:
(i) taken and passed the Pharmacy Technician Certification Board’s National Pharmacy Technician Certification Examination or other examination approved by the board and have a current certification certificate; or
(ii) been granted an exemption from certification by the board as specified in §297.7 of this title (relating to Exemption from Pharmacy Technician Certification Requirements); and
(C) complete the Texas application for registration that includes the following information:
(i) name;
(ii) addresses, phone numbers, dates of birth, and social security numbers; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number; and
(iii) any other information requested on the application.
(D) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees; and
(E) pay the registration fee specified in §297.4 of this title (relating to Fees).
(2) Once an applicant has successfully completed all requirements of registration, and the board has determined there are no grounds to refuse registration, the applicant will be notified of registration as a registered pharmacy technician and of his or her pharmacy technician registration number. If the pharmacy technician applicant was registered as a pharmacy technician trainee at the time the pharmacy technician registration issued, the pharmacy technician trainee registration expires.
(d) Renewal.
(1) All applicants for renewal of a pharmacy technician registration shall:
(A) complete the Texas application for registration that includes the following information:
(i) name;
(ii) a addresses, phone numbers, dates of birth, and social security numbers; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number; and
(iii) any other information requested on the application.
(B) pay the renewal fee specified in §297.4 of this title; and
(C) complete 20 contact hours of continuing education per renewal period in as specified in §297.8 of this title (relating to Continuing Education).
(2) A pharmacy technician registration expires on the last day of the assigned expiration month.
(3) If the completed application and renewal fee are not received in the board’s office on or before the last day of the assigned expiration month, the person’s pharmacy technician registration shall expire. A person shall not practice as a pharmacy technician with an expired registration.
(4) If a pharmacy technician registration has expired, the person may renew the registration by paying to the board the renewal fee and a delinquent fee that is equal to the renewal fee as specified in §297.4 of this title.
(5) If a pharmacy technician registration has expired for more than one year, the pharmacy technician may not renew the registration and must complete the requirements for initial registration as specified in subsection (c) of this section.
(6) After review, the board may determine that paragraph (5) of this subsection does not apply if the registrant is the subject of a pending investigation or disciplinary action.
(e) An individual may use the title “Registered Pharmacy Technician” or “Ph.T.R.” if the individual is registered as a pharmacy technician in this state.

RULE §297.5 Pharmacy Technician Trainees
(a) A person designated as a pharmacy technician trainee shall be registered with the board prior to beginning training in a Texas licensed pharmacy.

(b) A person may be designated as a pharmacy technician trainee for no more than two years and the requirements for registration as a pharmacy technician must be completed within the two year period.

Rule §297.6 Pharmacy Technician and Pharmacy Technician Trainee Training
a) Pharmacy technicians and pharmacy technician trainees shall complete initial training as outlined by the pharmacist-in-charge in a training manual. Such training:

(1) shall meet the requirements of subsections (d) or (e) of this section; and

(2) may not be transferred to another pharmacy unless:

(A) the pharmacies are under common ownership and control and have a common training program; and

(B) the pharmacist-in-charge of each pharmacy in which the pharmacy technician or pharmacy technician trainee works certifies that the pharmacy technician or pharmacy technician trainee is competent to perform the duties assigned in that pharmacy.

(b) The pharmacist-in-charge shall assure the continuing competency of pharmacy technicians and pharmacy technician trainees through in-service education and training to supplement initial training.

(c) The pharmacist-in-charge shall document the completion of the training program and certify the competency of pharmacy technicians and pharmacy technician trainees completing the training. A written record of initial and in-service training of pharmacy technicians and pharmacy technician trainees shall be maintained and contain the following information:

(1) name of the person receiving the training;

(2) date(s) of the training;

(3) general description of the topics covered;

(4) a statement that certifies that the pharmacy technician or pharmacy technician trainee is competent to perform the duties assigned;

(5) name of the person supervising the training; and

(6) signature of the pharmacy technician or pharmacy technician trainee and the pharmacist-in-charge or other pharmacist employed by the pharmacy and designated by the pharmacist-in-charge as responsible for training of pharmacy technicians and pharmacy technician trainees.

(d) A person who has previously completed the training program outlined in subsection (e) of this section, a licensed nurse, or physician assistant is not required to complete the entire training program outlined in subsection (e) of this section if the person is able to show competency through a documented assessment of competency. Such competency assessment may be conducted by personnel designated by the pharmacist-in-charge, but the final acceptance of competency must be approved by the pharmacist-in-charge.

(e) Pharmacy technician and pharmacy technician trainee training shall be outlined in a training manual. Such training manual shall, at a minimum, contain the following:

(1) written procedures and guidelines for the use and supervision of pharmacy technicians and pharmacy technician trainees. Such procedures and guidelines shall:

(A) specify the manner in which the pharmacist responsible for the supervision of pharmacy technicians and pharmacy technician trainees will supervise such personnel and verify the accuracy and completeness of all acts, tasks, and functions performed by such personnel; and

(B) specify duties which may and may not be performed by pharmacy technicians and pharmacy technician trainees; and

(2) instruction in the following areas and any additional areas appropriate to the duties of pharmacy technicians and pharmacy technician trainees in the pharmacy:

(A) Orientation;

(B) Job descriptions;

(C) Communication techniques;

(D) Laws and rules;

(E) Security and safety;

(F) Prescription drugs:

(i) Basic pharmaceutical nomenclature;

(ii) Dosage forms;

(G) Drug orders:

(i) Prescribers;

(ii) Directions for use;

(iii) Commonly-used abbreviations and symbols;

(iv) Number of dosage units;

(v) Strengths and systems of measurement;

(vi) Routes of administration;

(vii) Frequency of administration; and

(viii) Interpreting directions for use;

(H) Drug order preparation:

(i) Creating or updating patient medication records;

(ii) Entering drug order information into the computer or typing the label in a manual system;

(iii) Selecting the correct stock bottle;

(iv) Accurately counting or pouring the appropriate quantity of drug product;

(v) Selecting the proper container;

(vi) Affixing the prescription label;

(vii) Affixing auxiliary labels, if indicated; and

(viii) Preparing the finished product for inspection and final check by pharmacists;

(I) Other functions;

(J) Drug product prepackaging;

(K) Written policy and guidelines for use of and supervision of pharmacy technicians and pharmacy technician trainees; and

(L) Confidential patient medication records.

(f) Pharmacy technicians and pharmacy technician trainees compounding non-sterile pharmaceuticals shall meet the training and education requirements specified in the rules for the class of pharmacy in which the pharmacy technician or pharmacy technician trainee is working.

(g) Pharmacy technicians and pharmacy technician trainees compounding sterile pharmaceuticals shall meet the training and education requirements specified in the rules for class of pharmacy in which the pharmacy technician or pharmacy technician trainee is working.

RULE §305.2 Pharmacy Technician Training Programs
(a) Purpose. The purpose of this section is to set standards for Board approval of pharmacy technician training programs to ensure that graduates of the programs have the basic knowledge and experience in general pharmacy to practice in most pharmacy settings. Pharmacy technician training programs are not required to be approved by the Board. However, the Board maintains a list of Board-approved pharmacy technician training programs that meet the standards established in this section.

(b) Board-approved pharmacy technician training programs.

(1) The approval by the Board of pharmacy technician training programs do not change any requirements for on-site training required of all pharmacy technicians as outlined in the rules for each class of pharmacy.

(2) The standard for Board-approved pharmacy technician training programs shall be the American Society of Health-System Pharmacists’ Accreditation Standard for Pharmacy Technician Training Programs.

(3) The Board may approve pharmacy technician training programs which are currently accredited by the American Society of Health-System Pharmacists, and maintain such accreditation.

(4) The Board may approve pharmacy technician training programs not accredited by the American Society of Health-System Pharmacists provided:

(A) the program meets the American Society of Health-System Pharmacists’ Accreditation Standard for Pharmacy Technician Training Programs, modified as follows:

(i) entities providing the pharmacy technician training programs are not required to be health care organizations or academic institutions;

(ii) entities that offer or participate in offering pharmacy technician training programs are not required to be accredited by the Joint Commission on Accreditation of Healthcare Organizations, the American Osteopathic Association, or the National Committee on Quality Assurance; and

(iii) students enrolled in pharmacy technician training programs must have a high school or equivalent diploma, e.g., GED, or they may be currently enrolled in a program which awards such a diploma;

(B) the program:

(i) makes application to the Board;

(ii) provides all information requested by the Board, necessary to confirm that the program meets the requirements outlined in subparagraph (A) of this paragraph;

(iii) assists with any inspections requested by the Board of the facilities, records, and/or programs guidelines necessary to confirm that the program meets the requirements outlined in subparagraph (A) of this paragraph; and

(iv) pays an application processing fee to the Board of $100.00;

(C) the program director provides written status reports upon request of the Board and at least every three years to assist in evaluation of continued compliance with the requirements; and

(D) the program is subject to an on-site inspection at least every six years.

(5) The Board may require an outside entity to conduct any evaluations and/or inspections of a pharmacy technician training program as outlined in paragraph (4) of this subsection. This outside entity shall report to the Board whether a pharmacy technician training program meets the American Society of Health-System Pharmacists’ Accreditation Standards for Pharmacy Technician Training Programs as modified. Cost of these evaluations shall be the responsibility of the pharmacy technician training program.

(c) Students enrolled in a Board-approved pharmacy technician training programs. A student enrolled in a Board-approved pharmacy technician training program must be registered as a pharmacy technician trainee or pharmacy technician prior to working in a pharmacy as part of the experiential component of the Board-approved pharmacy technician training program.

(d) Review of accreditation standards. The Board shall review the American Society of Health-System Pharmacists’ Accreditation Standard for Pharmacy Technician Training Programs periodically and whenever the Standard is revised.

(e) Listing of Board-approved Pharmacy Technician Training Programs. The Board shall maintain a list of the pharmacy technician training programs approved by the Board and periodically publish this list in the minutes of the Board. If the Board determines that a training program does not meet or no longer meets any of the requirements set forth in this section, the training program will not be listed as a Board-approved pharmacy technician training program.

The data contained in this 2012 Annual Scorecard are accurate as of December 2012 .  Because statutes and regulations are continually revised, the data are subject to change.  These data have been verified with the state board of pharmacy.  This scorecard is updated on an annual basis in order to incorporate statutory and regulatory changes.  A new scorecard will be issued in July 2013.

Scoring rationale for Education and Training:
In order to protect the public and help ensure patient safety, it is important that pharmacy technicians are properly educated and trained.  The most rigorous training is accredited training.  The sole entity empowered to accredit pharmacy-technician training programs is the American Society of Health-System Pharmacists (ASHP).  Please note that this is “programmatic accreditation” – not “institutional accreditation.”  It is the content of the training program – as measured against established standards – that is being evaluated and accredited.  Accredited training is vital to protecting patient safety because it means that a pharmacy-technician training program has met established quality standards to provide assurance and confidence to the public.  For more information, please see http://www.ashp.org/menu/Accreditation/TechnicianAccreditation.aspx.

Scoring rationale for Certification:
Certification is the process by which a nongovernmental agency or association grants recognition to an individual who has met certain predetermined qualifications specified by that agency or association.  This is often determined by an examination process.  Numerous organizations have recommended that the certification exam conducted by the Pharmacy Technician Certification Board (PTCB) should be recognized as the sole, nationally-accredited certification exam for pharmacy technician certification – including the National Association of Boards of Pharmacy (NABP), the Texas State Board of Pharmacy (TSBP), and the U.S. Department of Veterans Affairs (VA). In a recent report, NABP recommended that states be encouraged to “recognize certification by the Pharmacy Technician Certification Board (PTCB).” Moreover, NABP performed a psychometric audit of the PTCB’s pharmacy technician certification examination (PTCE) in 2001 and determined that the PTCE is psychometrically sound, defensible, and valid. In May 2010, the TSBP awarded the PTCB with the Pharmacy Technician Certification Provider contract in Texas. PTCB was selected for the contract after a rigorous bidding and evaluation process that included formal reviews and evaluations from three independent psychometricians. TSBP confidently recognizes PTCB as the single provider of certification examinations for pharmacy technicians. In addition, in June 2010, the VA began requiring PTCB certification for VA pharmacy technicians employed at grade GS-6 and above.

Scoring rationale for Registration/Licensure:
Registration/licensure is the process by which the state maintains a list of all pharmacy technicians in the state and grants permission for an individual to work as a pharmacy technician in the state based on the applicant’s completion of all pre-requisites to registration/licensure – such as required training and certification.

Scoring rationale for Continuing Education:
Continuing education enables pharmacy technicians to fulfill their professional responsibility to maintain competence and up-to-date knowledge and skills in an environment of technological advances and increasingly complex, new medications and therapies.