A – 85-100%, B – 70-84.9%, C – 55-69.9%, D – 40-54.9%, F – 0-39.9%
Grading Categories & Criteria
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§ 73-21-111. Personnel regulations; registration of pharmacy technicians; annual registration fee; criminal background checks [Repealed effective July 1, 2016]
(1) The board shall make, adopt, amend and repeal from time to time such rules and regulations for the regulation of supportive personnel as may be deemed necessary by the board.
(2) Every person who acts or serves as a pharmacy technician in a pharmacy that is located in this state and permitted by the board shall obtain a registration from the board. To obtain a pharmacy technician registration the applicant must:
(a) Have submitted a written application on a form(s) prescribed by the board; and
(b) Be of good moral character; and
(c) Have paid the initial registration fee not to exceed One Hundred Dollars ($ 100.00).
(3) Each pharmacy technician shall renew his or her registration annually. To renew his or her registration, a technician must:
(a) Submit an application on a form prescribed by the board; and
(b) Pay a renewal fee not to exceed One Hundred Dollars ($ 100.00) for each annual registration period. The board may add a surcharge of not more than Five Dollars ($ 5.00) to the registration renewal fee to assist in funding a program that assists impaired pharmacists, pharmacy students and pharmacy technicians.
(4) To insure that all applicants are of good moral character, the board shall conduct a criminal history records check on all applicants for a license. In order to determine the applicant’s suitability for licensing, the applicant shall be fingerprinted. The board shall submit the fingerprints to the Department of Public Safety for a check of the state criminal records and forwarded to the Federal Bureau of Investigation for a check of the national criminal records. The Department of Public Safety shall disseminate the results of the state check and the national check to the board for a suitability determination. The board shall be authorized to collect from the applicant the amount of the fee that the Department of Public Safety charges the board for the fingerprinting, whether manual or electronic, and the state and national criminal history records checks.
HISTORY: SOURCES: Laws, 1983, ch. 414, § 21; reenacted without change, Laws, 1991, ch. 527, § 21; reenacted without change, Laws, 1993, ch. 416, § 22; reenacted without change, Laws, 1998, ch. 511, § 23; reenacted and amended, Laws, 2002, ch. 501, § 23; Laws, 2005, ch. 514, § 2; reenacted without change, Laws, 2006, ch. 533, § 22; reenacted without change, Laws, 2011, ch. 546, § 21, eff from and after passage (approved Apr. 26, 2011.)
ARTICLE XL PHARMACY TECHNICIANS
Section 73-21-83. paragraph (2), Mississippi Code of 1972, Annotated, specifies that a license to practice pharmacy shall be obtained by all persons prior to their engaging in the practice of pharmacy. The “Practice of pharmacy” shall mean a health care service that includes, but is not limited to, the compounding, dispensing, and labeling of drugs or devices; interpreting and evaluating prescriptions; administering and distributing drugs and devices; maintaining prescription drug records; advising and consulting concerning therapeutic values, content, hazards and uses of drugs and devices; initiating or modifying of drug therapy in accordance with written guidelines or protocols previously established and approved by the Board; selecting drugs; participating in drug utilization reviews; storing prescription drugs and devices; ordering lab work in accordance with written guidelines or protocols as defined by Section 73-21-73, paragraph (jj), Mississippi Code of 1972, Annotated; providing pharmacotherapeutic consultations; supervising supportive personnel and such other acts, services, operations or transactions necessary or incidental to the conduct of the foregoing.
The only other persons who may perform the above tasks other than a licensed pharmacist, and then only under the direct supervision of a pharmacist, are the following:
A. A pharmacy intern; and
B. A pharmacy extern.
2. PHARMACY TECHNICIAN REGISTRATION
Every person who intends to serve as a pharmacy technician must obtain a pharmacy technician registration from the Board. To obtain a pharmacy technician registration the applicant shall meet the following conditions for each Pharmacy Technician Registration issued after April 1, 2011:
A. Have attained eighteen (18) years of age; and
B. Be a high school graduate or hold GED equivalent, and furnish copy of such certificate to the Board; and
C. Be of good moral character as evidenced by having undergone and successfully passed a criminal background check conducted by the Board; and
D. Have submitted a written application including a passport quality photo on a form(s) prescribed by the Board; and
E. Have paid the initial registration fee not to exceed one-hundred dollars ($100.00); and
F. Have paid all fees associated with the criminal background check.
No Pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary reasons shall be eligible to be registered as a Pharmacy Technician. Revised 1/2011 XL – 1
3. PHARMACY TECHNICIAN REGISTRATION RENEWAL
Each pharmacy technician shall renew his/her registration annually. To renew his/her registration, a technician shall:
A. Submit an application on the form prescribed by the Board; and
B. Pay a renewal fee not to exceed one-hundred dollars ($100.00) for the registration period April 1, 2011 through March 31, 2012 and annually thereafter.
C. Have successfully passed the Pharmacy Technician Certification Board Exam or a Pharmacy Technician exam approved by the Board if the registration was obtained after April 1, 2011. This Certification must be maintained as specified or required by the examining authority.
D. If the registration was obtained after April 1, 2011, provide proof of a current approved certification.
Any pharmacy technician registration that has not been renewed by March 31 of each registration period becomes null and void after that date. The pharmacy technician shall not perform any pharmacy technician duties in the pharmacy dispensing or drug storage area until such time as the registration is renewed. Any Pharmacy technician renewal application postmarked after March 31 of the renewal period shall be returned and a fifty dollar ($50) late renewal fee shall be assessed prior to renewal
The pharmacist-in-charge shall validate all pharmacy technician registrations on or before March 31 of each year, assuring that all such registrations are current and in good standing.
4. PHARMACY TECHNICIAN RESPONSIBILITIES AND GUIDELINES
A. It has been determined by the Board that two (2) technicians on duty performing technician related work directly related to the dispensing of medications are sufficient for each licensed pharmacist on duty. Support personnel used solely for clerical duties such as filing prescriptions, delivery and general record keeping need not be included in the ratios of the functions performed by a pharmacy technician.
B. In order to adequately protect the public health, technicians shall not:
(1) 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; and
(2) Accept by oral communication a new prescription of any nature; and
(3) Prepare a copy of a prescription or read a prescription to another person; and
(4) Provide a prescription or medication to a patient without a pharmacist’s verification as to the accuracy of the dispensed medication. For the purposes of this regulation, verification shall mean that the licensed pharmacist shall be aware of the patient’s medication profile, Drug Utilization Review, computer overrides, and drug interactions as well as the accuracy of the selected medication and labeling; and
(5) Counsel a patient on medications or perform a drug utilization review; and
(6) Perform any task that requires the professional judgment of a pharmacist; and
(7) Perform any task that is in violation of any federal or state pharmacy or drug laws.
C. Persons registered with the Board as a pharmacy technician, under the direct supervision of a registered pharmacist may perform approved tasks as follows:
(1) Packing, pouring, or placing in a container for dispensing, sale, distribution, transfer possession of, vending, or barter any drug, medicine, poison, or chemical which, under the laws of the United States or the State of Mississippi, may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals. This shall also include the adding of water for reconstitution of oral antibiotic liquids.
(2) Affixing required labels upon any container of drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals.
(3) Taking from, and replacing upon shelves in the prescription department of a pharmacy, drugs, medicines, chemicals, or poisons which are required by the law of the United States or the State of Mississippi to be sold or dispensed only on prescription of a practitioner authorized by law to prescribe them.
(4) Entering information into the pharmacy computer. The pharmacy technician shall not make any judgemental decisions, which could affect patient care. The final verification of prescription information entered into the computer shall be made by the supervising pharmacist who is then totally responsible for all aspects of the data and data entry.
(5) Obtaining prescriber authorization for prescription refills provided that nothing about the prescription is changed.
(6) Prepackaging and labeling of multi-dose and unit-dose packages of medication. The pharmacist must establish the procedures, including selection of containers, labels and lot numbers, and must check the finished task.
(7) Dose picking for unit dose cart fill for a hospital or for a nursing home patient.
(8) Checking and inspecting nursing units in a hospital or nursing home: Pharmacy technicians may check nursing units for proper medication storage and other related floor stock medication issues. Any related medication storage problems or concerns shall be documented and initialed by a pharmacist.
(9) Recording patient or medication information in electronic systems for later validation by the pharmacist.
(10) Bulk reconstitution of prefabricated non-injectable medication.
(11) Bulk compounding. This category may include such items as sterile bulk solutions for small-volume injectables, sterile irrigating solutions, products prepared in relatively large volume for internal or external use by patients, and reagents or other products for the pharmacy or other departments of a hospital.
(12) Preparation of parenteral products as follows:
(a) The pharmacy technician must follow guidelines established by the pharmacist as established by policy and procedures.
(b) Pharmacy technicians may perform functions involving reconstitution of single or multiple dosage units that are to be administered to a given patient as a unit. Pharmacy technicians may perform functions involving the addition of one manufacturer’s single dose or multiple unit doses of the same product to another manufacturer’s prepared unit to be administered to a patient. The supervising pharmacist must verify the accuracy in all instances.
D. Every person acting or serving as a pharmacy technician shall wear a name tag, while on duty, identifying him or her as such. When communicating by telephone, the pharmacy technician shall promptly identify him or her as such.
E. Pharmacy Technicians shall perform such duties as authorized by these regulations and perform other duties as assigned by the pharmacists.
F. Each technician registered by the Board shall notify the Board in writing within ten (10) days of change of employment or change of address. The notification shall contain his/her name, new mailing address, registration number, the name of the pharmacy where formerly employed and the name of the pharmacy where currently employed or the current employment status. Failure to Notify the Board of any changes may result in disciplinary action by the Board.
G. In the dispensing of drugs from a pharmacy, it shall be the responsibility of the supervising pharmacist on duty to require that any technician under his/her supervision complies with this Article. Performance by pharmacy technicians of tasks outlined in paragraph 1., above shall constitute the practice of pharmacy without a license and is a violation of the Mississippi Pharmacy Practice Act.
5. REVOCATION, SUSPENSION AND/OR REFUSAL TO ISSUE REGISTRATION
The Board may revoke, suspend, restrict, reprimand, refuse to issue or renew the registration, or impose a monetary penalty, in accordance with Section 73-21-103. Mississippi Code of 1972, Annotated, of any person registered as a pharmacy technician, issued under this Article, if such person is found guilty by the Board of any of the following:
A. Violation of any federal or state law or regulation relating to the practice of pharmacy and/or the distribution and dispensing of drugs.
B. Violation of any of the provisions of these regulations.
C. Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety.
D. The theft, unauthorized possession, addiction to, or use of controlled substances or other prescription drugs.
E. The addiction to or dependence on alcohol.
F. The theft or embezzlement of prescription drugs, controlled substances, medical devices, or funds from a permitted facility.
G. Failure to comply with any lawful order of the Board.
H. Disclosure of any patient medical, personal or dispensing information which is deemed confidential.
I. Being found guilty by any competent jurisdiction of the drug laws of this state, any other state or the federal government.
J. Being found guilty by any licensing or registration agency in this state or any other state for violation of the statutes, rules or regulations of that jurisdiction.
K. Obtaining or attempting to obtain a pharmacy technician registration by fraud or intentional misrepresentation.
L. Jeopardizing, compromising or interfering with any lawful investigation conducted by the Board or any state or federal regulatory or law enforcement agency.
M. Destruction, removal or tampering with any prescription drug, controlled substance, or medical device placed under seal, embargoed, or quarantined by the Board or any representative of the Board.
N. Knowing or suspecting that a Pharmacist or Pharmacy Intern is incapable of engaging in the Practice of Pharmacy or that a Pharmacy Technician is incapable of assisting in the Practice of Pharmacy, with reasonable skill, competence, and safety to the public, is diverting or abusing controlled substances or prescription drugs and failing to report any relevant information to the Board of Pharmacy.
O. Failing to pay costs assessed in a disciplinary hearing.
P. Failure to maintain the Certification required by this Article. Disciplinary action by the Board of any person holding a registration as a pharmacy technician pursuant to this Article shall be in accordance with Section 73-21-99 of the Mississippi Code of 1972, Annotated.
Mississippi Pharmacy act
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.