Maine 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

Maine Law

I. Laws

32 §13702-A. DEFINITIONS
25. Pharmacy technician. “Pharmacy technician” means a person employed by a pharmacy who works in a supportive role to, and under the direct supervision of, a licensed pharmacist.

32 §13721. LICENSURE AND DISCIPLINE
1. Responsibility. The board’s responsibility for the control and regulation of the practice of pharmacy in this State includes, but is not limited to, the following actions:
A. The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under this Act; [1987, c. 710, §5 (NEW).]

B. The renewal of licenses to engage in the practice of pharmacy; [1987, c. 710, §5 (NEW).]

C. The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State and the specification and enforcement of requirements for practical training, including internship; [1987, c. 710, §5 (NEW).]

D. The inspection during business hours of all pharmacies, dispensaries, stores, hospital pharmacies,
extended care facilities, boarding homes, nursing homes, drug abuse treatment centers, penal institutions, family planning centers or other drug outlets in which drugs or medicines are manufactured, stored, distributed, compounded, dispensed or retailed in this State; [1987, c. 710, §5 (NEW).]

E. The licensing of any pharmacy as set out in section 13751 and any manufacturer or wholesaler whose products are distributed in this State; [2007, c. 402, Pt. DD, §7 (AMD).]MRS Title 32, Chapter 117: MAINE PHARMACY ACT 32 §13722. Medications, drugs, devices and other materials | 13

F. The enforcement of those provisions of this Act relating to the conduct or competence of pharmacists practicing in this State and the processing of complaints which could lead to the suspension, revocation or restriction of licenses to engage in the practice of pharmacy; [1987, c. 710, §5 (NEW).]

G. The rules of the training, qualification and employment of pharmacy interns and pharmacy students; and [1987, c. 710, §5 (NEW).]

H. The licensing of pharmacy technicians, including the fee as set under section 13724, and adoption of rules governing the training, qualification and employment of pharmacy technicians. [2007, c. 402, Pt. DD, §8 (AMD).] [ 2007, c. 402, Pt. DD, §§ 7, 8 (AMD) .]

II. Regulations

1. Registration

1. Application

The pharmacy technician shall complete the application supplied by the board and provide such other information as the board may require, along with the fee required by Chapter 10 of the rules of the Department of Professional and Financial Regulation, Office of Licensing and Registration, entitled “Establishment of License Fees.” Applications will not be considered for approval until they are complete. Incomplete applications will be returned to the applicant.

2. Qualifications

The applicant shall supply verification of licensure or registration for all states in which the applicant has at any time been licensed or registered as a pharmacy technician. The board may refuse to register and may refuse to renew the registration of an applicant:

A. Whose pharmacy technician license or registration has been denied, revoked, suspended or restricted in any jurisdiction for disciplinary reasons; or

B. Who has been convicted of a crime involving controlled substances. This restriction is subject to consideration and waiver by the board upon presentation of satisfactory evidence that the conviction does not impair the ability of the person to conduct, with safety to the public, the duties of a pharmacy technician.

[NOTE: The effect of a criminal conviction on an applicant’s eligibility for registration is governed generally by the Occupational License Disqualification on Basis of Criminal Record law, 5 M.R.S.A. §5301 et seq.]

An applicant who meets the qualifications of pharmacy technician (advanced) as defined in Chapter 1, Section 29 of the board’s rules shall be registered as such by the board.

3. Applicability of Chapter to Pharmacy Students and Graduates

Pharmacy school students, and pharmacy school graduates who have not yet been licensed as professional pharmacists, must register as pharmacy technicians before assisting a pharmacist in the practice of pharmacy. This registration requirement extends to student interns and to pharmacy students or pharmacy graduates participating in a residency or fellowship program. Persons registered as pharmacy technicians pursuant to this subsection are subject to all requirements of this chapter and to all requirements of the board’s rules relating to pharmacy technicians, except that student interns and pharmacy graduates participating in a residency or fellowship program are not subject to the limitation of duties contained in this chapter.

4. Term of Registration

The registration term is 1 year. Registrations may be renewed annually upon completion of a renewal application form supplied by the board and payment of the prescribed fee. No applicant may commence training or employment as a pharmacy technician until the registration has been issued by the board.

5. Notice of Change of Work Site, Contact Address or Enrollment Status

A pharmacy technician shall notify the board of a change in work site, cessation of employment as a pharmacy technician or a change of contact address via letter, fax or email within 30 days after the change. A pharmacy technician who is also a pharmacy student shall notify the board of any change in enrollment status other than graduation via letter, fax or email within 30 days after the change.

2. Training

A drug outlet that employs a pharmacy technician shall develop or deploy a training program for pharmacy technicians employed at that drug outlet. The drug outlet shall keep a copy of the training program on site at all times and shall furnish the training program to the board upon inspection or upon request. The pharmacist in charge or other Maine-licensed pharmacist designated by the retail drug outlet shall train each pharmacy technician in accordance with the drug outlet’s training program or shall ensure that each pharmacy technician satisfactorily completes the training program offered by the drug outlet. The training program shall accommodate the needs of the individual technician being trained.

The training program shall include specific instruction relating to the limited scope of practice of a pharmacy technician and shall clearly delineate functions that may only be performed by a pharmacist and may not be performed by a pharmacy technician.

3. Administrative Responsibilities

1. Verification of Registration

The pharmacist in charge shall ensure that each pharmacy technician employed at the drug outlet for which the pharmacist in charge is responsible is registered with the board. A pharmacy technician shall carry the wallet-sized registration card issued by the board at all times the technician is on duty and shall produce the card upon request of the pharmacist in charge, a pharmacist on duty or an inspector of the board. No pharmacist in charge or pharmacist on duty shall permit a person who is not registered pursuant to the terms of this chapter to perform the duties of a pharmacy technician.

2. Display of Registration Certificate

The pharmacist in charge shall prominently display for public view the registration certificates of all pharmacy technicians employed at the drug outlet for which the pharmacist in charge is responsible. If the pharmacy technician works at multiple sites, the certificate shall be displayed at the technician’s primary work site.

3. Notice of Employment and Non-Employment of Pharmacy Technicians

The pharmacist in charge shall notify the board via letter, fax or email within 14 days after the commencement or cessation of employment of any pharmacy technician at a retail drug outlet for which the pharmacist in charge is responsible:

4. Notice of Termination of Employment for Drug-Related Reason

The pharmacist in charge shall notify the board via letter, fax or email of the termination of employment of a pharmacy technician for any drug-related reason, including but not limited to adulteration, abuse, theft and diversion, and shall include in the notice the reason for the termination. Notice shall be provided within 7 days after the termination.

4. Supervision by Pharmacist in Charge

1. Generally

The pharmacist in charge shall supervise pharmacy technicians employed at the drug outlet for which the pharmacist in charge is responsible. In the absence of the pharmacist in charge, a pharmacist on duty shall be the supervisor.

2. Retail Drug Outlets

A pharmacy technician may engage in the practice of pharmacy at a retail drug outlet only under the direct supervision of a pharmacist as defined in Chapter 1, Section 14(A) of the board’s rules. The pharmacist shall physically review each prescription drug order prepared by a pharmacy technician before the product is delivered to the patient or the authorized agent of the patient. The pharmacist is responsible for the work of each pharmacy technician working under the direct supervision of the pharmacist.

3. Automated Pharmacy Systems At Remote Sites

[deleted]

5. Permissible Duties

1. Generally

The pharmacist in charge or the retail drug outlet shall determine the duties of pharmacy technicians based upon the needs of the drug outlet. At time of employment the pharmacist in charge shall provide the technician with a description of the tasks that the technician may perform.

Pharmacy technicians are limited to performing tasks in the preparation of prescription legend drugs and nonjudgmental support services. Permissible duties include the dispensing of drugs under the direct supervision of a pharmacist. Pharmacy technicians may also have access to a facsimile machine or computer used to receive original prescription drug orders via facsimile.

2. Automated Pharmacy Systems

[deleted]

3. Limitations

Except as set forth in Section 7 of this chapter, a pharmacy technician may not perform any of the following tasks:

A. Accept an original prescription drug order by telephone;

B. Clinically evaluate a patient profile relative to drugs that have or will be dispensed;

C. Perform patient counseling;

D. Make decisions that require the education and professional training of a pharmacist; or

E. Sign any federally-required controlled substance or inventory form.

4. Responsibility of Pharmacist

The pharmacist shall verify and confirm the correctness, exactness, accuracy and completeness of the acts, tasks and functions undertaken by the pharmacy technician to assist the pharmacist in the practice of pharmacy. The pharmacist in charge, or a pharmacist on duty, is responsible for all actions performed by the pharmacy technician.

6. Limitation on Deployment of Pharmacy Technicians

Except as set forth in this section or in Section 7(2) of this chapter, no drug outlet may permit more than 3 pharmacy technicians per working pharmacist to be actively involved in the prescription filling process at any time, provided that a pharmacy technician who is a pharmacy student or a pharmacy graduate need not be included in the calculation of this ratio.

A drug outlet may request the board to permit a greater ratio of pharmacy technicians to pharmacists only upon a clear and convincing demonstration that a pharmacist at the drug outlet can supervise more than 3 pharmacy technicians without compromising the health and safety of the patients served. Any waiver of the 3:1 ratio granted by the board pursuant to this paragraph may be limited in scope or duration or made subject to such conditions as the board deems necessary for the protection of the public.

7. Pharmacy Technician (Advanced)

1. Authorization for Performance of Additional Duties

A pharmacy technician (advanced) may perform the following duties in addition to those permitted by Section 5 of this chapter:

A. A pharmacy technician (advanced) may receive a transferred prescription for a noncontrolled drug pursuant to Chapter 19, Section 8(2) of the board’s rules.

B. A pharmacy technician (advanced) on duty at an institutional pharmacy as described in Chapter 20, Subchapter 2, Section 1of the board’s rules may perform the duties relating to an automated pharmacy system described in Chapter 20, Subchapter 2, section 4(2) of the board’s rules only under the direct supervision of a pharmacist as defined in Chapter 1, Section 14(A), (B) or (C) of the board’s rules. The pharmacist in charge or pharmacist on duty at an automated pharmacy system is responsible for the work of each pharmacy technician (advanced) at a point of care location served by the automated pharmacy system.

2. Deployment of Additional Pharmacy Technicians

A drug outlet may permit a pharmacist to directly supervise up to 4 pharmacy technicians who are not pharmacy students or pharmacy graduates without need of the waiver otherwise required by Section 6 if at least 1 of the pharmacy technicians supervised by the pharmacist is a pharmacy technician (advanced).

A drug outlet may request the board to permit a greater ratio of pharmacy technicians to pharmacists if additional pharmacy technicians supervised by the pharmacist are pharmacy technicians (advanced) and the drug outlet makes a clear and convincing showing that a pharmacist at the drug outlet can supervise more than 4 pharmacy technicians without compromising the health and safety of the patients served. Any waiver of the 4:1 ratio granted by the board pursuant to this paragraph may be limited in scope or duration or made subject to such conditions as the board deems necessary for the protection of the public.

3. Verification of Status

The pharmacist in charge is responsible for verifying the registration status of each pharmacy technician (advanced) employed at the drug outlet for which the pharmacist in charge is responsible. No pharmacist in charge or pharmacist on duty shall:

A. Permit a pharmacy technician who is not registered as a pharmacy technician (advanced) to perform technician duties that may only be performed by a pharmacy technician (advanced); or

B. Supervise pharmacy technicians in a ratio permitted by Section 7(2) of this chapter where 1 or more of the pharmacy technicians, as the case may be, is not a pharmacy technician (advanced)
8. Exemption

Nursing personnel with access to hospital pharmacy medications at times when the pharmacy is not open need not register as pharmacy technicians.

9. Discipline

Pharmacy technicians are subject to the disciplinary provisions of 10 MRSA §8003(5-A), 32 MRSA §§ 13742-A and 13743 and Chapters 30, 31 and 32 of the board’s rules.

STATUTORY AUTHORITY: 32 M.R.S.A. §§ 13720, 13721(1)(H), 13723

EFFECTIVE DATE:
November 8, 2004 – filing 2004-509
March 11, 2012 – filing 2012-63

References

Maine Pharmacy Act
http://www.mainelegislature.org/legis/statutes/32/title32ch117.pdf

Maine Board of Pharmacy Chapter 7
http://www.maine.gov/sos/cec/rules/02/392/392-all.doc

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.