Alabama 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

Alabama Law

I. LAWS

Pharmacy Technicians
Sec.

34-23-130. Definitions

34-23-131. Registration and supervision; rules and regulations; continuing education.

34-23-132. Revocation or suspension of registration; probation.

ARTICLE 6. PHARMACY TECHNICIANS

§34-23-130. Definitions.

(2) PHARMACY TECHNICIAN. An individual, other than an intern, extern, or an assistant pharmacist, who performs pharmacy functions under the direct supervision of a licensed pharmacist.

(3) SUPERVISION. The direct on-site overseeing of the performance of assigned or delegated duties or functions. (Acts 1996, No. 96-496, p. 625, §1.)

§ 34-23-131. Registration and supervision; rules and regulations; continuing education.(a) A pharmacy technician shall not perform pharmacy functions or be present in the prescription department of a pharmacy unless he or she is under the direct supervision of a licensed pharmacist. A pharmacy technician shall not perform pharmacy functions or be present in the prescription department of a pharmacy unless he or she is registered by the board.(b) When supervision is required, a licensed pharmacist shall be jointly responsible and liable for the actions of a pharmacy technician.(c) A pharmacy technician shall register and pay a fee as determined by the board before performing any pharmacy functions. The board shall develop rules and regulations relating to the registration of all pharmacy technicians. The registration of a pharmacy technician shall be renewable biennially in odd-numbered years upon payment of the required fee.(d) In addition to any other registration requirements, a pharmacy technician shall complete three hours of continuing education annually, of which one hour shall be live presentation. (Act 1996, No. 96-496, p. 625; §2; Act 2004-450, p. 801, §1.)

§ 34-23-132. Revocation or suspension of registration; probation.The board shall revoke or suspend the registration of a pharmacy technician or place on probation a pharmacy technician for any of, but not limited to, the following reasons:(1) Willful violation of any provision of this article or the Alabama Uniform Controlled Substances Act.

(2) Willful violation of any rule or regulation promulgated in accordance with this article or the Alabama Uniform Controlled Substances Act.

(3) Action which threatens the public health, safety, or welfare.

(4) Conviction of a felony or misdemeanor involving moral turpitude.

(5) Conviction of a felony or misdemeanor involving a drug related offense of a legend drug or controlled substance.

(6) Obtaining the pharmacy technician registration by fraudulent means.

(7) Violation of the laws regulating the sale or dispensing of narcotics, exempt narcotics, or drugs bearing the label “caution, federal law prohibits dispensing without prescription,” or similar wording which cause the drugs to be classified as prescription legend drugs. (Acts 1996, No. 96-496, p. 625, §3.).

I. RULES
680-X-2-.14 The Role Of Technicians In Pharmacies In Alabama.
680-X-2-.37 Continuing Education For Pharmacy Technicians.

680-X-2-.14 – The Role Of Technicians In Pharmacies In Alabama.

(1) Title 34, Chapter 23, Code of Ala. 1975, specifies that only persons licensed by the Board of Pharmacy may practice pharmacy. The practice of pharmacy shall mean the interpretation and evaluation of prescription orders; the compounding, dispensing, administering and labeling of drugs and devices; the participation in drug selection and drug utilization reviews and drug therapy management; the proper and safe storage of drugs and devices and the maintenance of proper records; the responsibility for advising, where necessary or where regulated, of therapeutic values, content, hazards and use of drugs and devices; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of pharmacy.

(2) The only other persons who may perform the above tasks other than a licensed pharmacist, and then only under the immediate direct supervision of a pharmacist, are the following:(a) A person serving an internship who holds a professional degree in pharmacy from a school of pharmacy recognized by the Board.(b) A person serving an externship who is enrolled in a school of pharmacy recognized by the Board.(c) A person who hold an assistant’s license.

(3) It is ruled by the Board of Pharmacy that three (3) technicians, one of which shall be certified by any credentialing organization approved by the Board, on duty are sufficient in the prescription area of a retail pharmacy or an institutional pharmacy for each full time licensed pharmacist on duty. Nothing in this rule shall prevent a pharmacy from employing technicians to perform supervised tasks not requiring professional judgment.

(4) In order to adequately protect the public health, technicians shall not:(a) Communicate, orally or in writing, any medical, therapeutic, clinical or drug information, or communicate any information recorded on a patient profile that requires professional judgment.(b) Document the receipt of a controlled substance into inventory.(c) Accept by oral communication a new prescription of any nature.(d) Prepare a copy of a prescription or read a prescription to another person.(e) Provide a prescription or medication to a patient without a pharmacist’s verification as to the correctness of the prescription or medication. For the purpose of this rule, verification shall mean that the licensed pharmacist shall be aware of the patient profile, DUR, computer overrides and drug interactions as well as the correctness of the selected medication and labeling.(f) Counsel a patient on medications or perform a drug utilization review.(g) Perform any task that requires the professional judgment of a pharmacist.(h) Perform any task that is in violation of any federal, state or local pharmacy regulations.

(5) Written control procedures and guidelines for supervision of technicians by a licensed pharmacist and for performance of tasks by technicians shall be established and made available for review by the Board of Pharmacy.

(6) In order to be registered as a pharmacy technician in this state, an applicant shall:(a) Have submitted a written application on a form provided by the Board ofPharmacy.(b) Have attained the age of seventeen (17).

(7) No pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary purposes shall be eligible to be registered as a pharmacy technician.

(8) All technicians shall wear a nametag, identifying them as such, while on duty.

(9) Each technician registered by the Board shall notify the board in writing within 10 days on change of employment. The notice shall contain his/he name, registration number, the name of the pharmacy where formerly employed and the name of the pharmacy where currently employed.

(10) All pharmacy technicians shall register with the Alabama State Board of Pharmacy. This registration shall expire on December 31 of odd numbered years. Effective January 1, 2006, the initial registration fee and renewal fee shall be sixty dollars ($60). All pharmacy technicians shall pay the renewal fee biennially with this fee being due on October 31 and delinquent after December 31 of odd numbered years. All pharmacy technician registrations shall expire on December 31 biennially in odd-numbered years. The payment of the renewal fee shall entitle the registrants to renewal of their registrations at the discretion of the Board. If any pharmacy technician shall fail to pay a renewal fee on or before December 31 of any year, such registration shall become null and void, and the holder of such registration may be reinstated as a pharmacy technician only upon payment of a penalty of Ten Dollars ($10.00) for each lapsed year and all lapsed fees for each lapsed year, provided the lapsed time of registration shall not exceed five (5) years, in which case reinstatement may be had only upon satisfactory examination by the Board. In the event an application for renewal of a pharmacy technician’s registration is not received by December 31 of any odd numbered year but is received at the Board office no later than January 31 of the following year, a non-disciplinary administrative penalty in the amount of $30.00 must be paid in order to renew. This penalty is in addition to any penalty referenced above.

(a) Every pharmacy technician registered by the Alabama State Board of Pharmacy shall, prior to reregistration, complete three (3) hours of continuing education annually, one hour of which shall be ‘live’ presentation.

(11) The Alabama State Board of Pharmacy shall refuse to issue a pharmacy technician registration whenever the Board finds by the preponderance of the evidence any of the following:(a) That the applicant does not possess good moral character.(b) That the applicant has willfully violated any of the provisions of Code of Ala. 1975, §34-24-1 et seq., or the Alabama Uniform Controlled Substances Act.(c) That the applicant has willfully violated any rule or regulation promulgated in accordance with the provisions of Code of Ala. 1975, §34-24-1 et seq., or in accordance with the Alabama Uniform Controlled Substances Act.(d) That the applicant has engaged in conduct which threatens the public health, safety or welfare.(e) That the applicant has been convicted of a felony or a misdemeanor involving moral turpitude. A copy of the record of the conviction, certified by the Clerk of the Court entering the conviction, shall be conclusive evidence of the conviction.(f) That the applicant has been convicted of a felony or misdemeanor involving a drug related offense of a legend drug of controlled substance. A copy of the record of the conviction, certified by the Clerk of the Court entering the conviction, shall be conclusive evidence of the conviction.(g) That the applicant has been convicted of any crime or offense that reflects the inability of the applicant to engage in the performance of pharmacy technician functions with due regard for the health and safety to the public. A copy of the record of the conviction, certified by the Clerk of the Court entering the conviction, shall be conclusive evidence of the conviction.(h) That the applicant has attempted to obtain a pharmacy technician registration by fraudulent means.(i) That the applicant has violated any of the laws regulating the sale or dispensing of narcotics, exempt narcotics or drugs bearing the label “caution, federal law prohibits dispensing without prescription” or similar wording which causes the drugs to be classified as a prescription legend drugs.(j) That the applicant is unable to engage in the performance of pharmacy technician functions with reasonable skill and safety by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals or any other substance, or as a result of any mental or physical condition.(k) The suspension, revocation or probation by another state of the applicant’s license, permit or registration to practice as a pharmacy technician. A certified copy of the record of suspension, revocation or probation of the State making such suspension, revocation or probation shall be conclusive evidence of the suspension, revocation or probation.(l) That the applicant refused to appear before the Board after having been ordered to do so in writing by the Executive Officer or President of the Board.(m) That the applicant made any fraudulent or untrue statement to the Board.

Author: Herb Hobo, R.Ph., Secretary

Statutory Authority: Code of Ala. 1975, §34-23-92.

History: Filed June 1, 1982. Amended: Filed May 30, 1990.

Repealed and Replaced: Filed July 26, 1996; operative

August 30, 1996; effective January 1, 1997. Amended: Filed

February 13, 1997; effective March 20, 1997. Amended: Filed

September 20, 1999; effective October 25, 1999. Amended: Filed

April 11, 2001; effective May 16, 2001; operativeJanuary 1, 2002. Amended: Filed

July 1, 2002; effective

August 5, 2002. Amended: Filed

January 6, 2005; effectiveFebruary 10, 2005. Amended: Filed

November 1, 2005; refiled

December 22, 2005; effective December 22, 2005. Amended: Filed

September 22, 2009; effective October 27, 2009. Amended: Filed

December 8, 2009; effective January 12, 2010. Amended: Filed

January 30, 2012; effective March 5, 2012.

680-X-2-.37 Continuing Education For Pharmacy Technicians.

(1) Pharmacy Technicians shall complete three (3) hours of continuing education every year as a condition of registration renewal. By submitting the biennial renewal, a pharmacy technician is representing their compliance with this requirement by the end of the relevant calendar year.

(2) In order to receive credit for continuing education, the continuing education shall be previously approved by the Board. Any requests for approval of continuing education shall be submitted to the Board no less than thirty 30) calendar days prior to offering of the continuing education. A condition of approval shall be that the continuing education is pertinent to the practice of pharmacy. However, this requirement shall not apply to ACPE approved continuing education courses for which a program number is available.

(3) Continuing Education may be completed by either attendance or by distance based program, video or by publications; however, a pharmacy technician must complete at least one (1) hour of live continuing education through attendance at a course(s).

(4) It is the responsibility of each pharmacy technician to maintain and compile accurate records relating to all continuing education courses or activities they have attended and completed. It shall be the responsibility of each pharmacy technician to maintain above described documentation and information pertaining to each year for a period of two (2) years and this information shall be submitted to the Board of Pharmacy within thirty (30) calendar days after a request for the same by the Board.

(5) The Board of Pharmacy shall randomly audit the continuing education documentation or information to be maintained or submitted by each pharmacy technician as described herein to assure compliance with these rules. Failure to maintain the documentation or information set forth in these rules or the submission of false or misleading information or documentation to the Board of Pharmacy or failure to submit requested documentation or information within the time specified by the Board may subject the pharmacy technician, after hearing, to those penalties outlined in Code of Ala. 1975, §34-23-132.

(6) Upon written request to the Board of Pharmacy, and upon the demonstration of good and sufficient cause, the Board of Pharmacy may grant a waiver or extension of time for the completion of the annual hour requirements for continuing education as set forth herein. The pharmacy technician who seeks such a waiver or extension shall submit to the Board of Pharmacy any documentation required by the Board which the Board deems appropriate for it to make a decision concerning that waiver or extension.

Author: Herb Bobo, R.Ph., Secretary

August 10, 2006. Amended: Filed November 29, 2007; effective

January 3, 2008. Amended: Filed October 14, 2008; effective

I. REFERENCES

Alabama Pharmacy Practice Act 205 Legislature 1966

http://www.albop.com/Act205%20-%20JAN%202012.pdf

Alabama State Board of Pharmacy Administrative Code: Chapter 680-x-2 Practice of Pharmacy

http://www.alabamaadministrativecode.state.al.us/docs/phar/680-X-2.pdf

The data contained in this Annual Scorecard are accurate as of the last published laws for each state, to the best of our knowledge. 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.

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.