New Jersey 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

The official text of New Jersey Statutes can be found through the home page of the New Jersey Legislature http://www.njleg.state.nj.us/

“Pharmacy technician” means an individual working in a pharmacy practice site who, under the immediate supervision of a pharmacist, assists in pharmacy activities as permitted by section 41 of this act and the rules and regulations of the board that do not require the professional judgment of a pharmacist.

45:14-80. Pharmacy technicians, conditions.

a. Pharmacy technicians may assist a licensed pharmacist in performing the following tasks:

(1) Retrieval of prescription files, patient files and profiles and other records, as determined by the board, pertaining to the practice of pharmacy;

(2) Data entry;

(3) Label preparation; and

(4) Counting, weighing, measuring, pouring and compounding of prescription medication or stock legend drugs and controlled substances, including the filling of an automated medication system.

b. Pharmacy technicians may accept authorization from a patient for a prescription refill, or from a physician or the physician’s agent for a prescription renewal, provided that the prescription remains unchanged. As used in this section, “prescription refill” means the dispensing of medications pursuant to a prescriber’s authorization provided on the original prescription and “prescription renewal” means the dispensing of medications pursuant to a practitioner’s authorization to fill an existing prescription that has no refills remaining.

c. Pharmacy technicians shall not:

(1) Receive new verbal prescriptions;

(2) Interpret a prescription or medication order for therapeutic acceptability and appropriateness;

(3) Verify dosage and directions;

(4) Engage in prospective drug review;

(5) Provide patient counseling;

(6) Monitor prescription usage;

(7) Override computer alerts without first notifying the pharmacist;

(8) Transfer prescriptions from one pharmacy to another pharmacy; or

(9) Violate patient confidentiality.

d. Except as provided in subsection e. of this section, a pharmacist shall not supervise more than two pharmacy technicians.

e. A pharmacy that wishes to employ a licensed pharmacist to pharmacy technician ratio greater than established in accordance with subsection d. of this section, shall:

(1) Establish written job descriptions, task protocols and policies and procedures that pertain to the duties performed by the pharmacy technician;

(2) Ensure and document that each pharmacy technician pass the National Pharmacy Technician Certification Examination or a board approved certification program and fulfill the requirements to maintain this status, or complete a program which includes a testing component and which has been approved by the board as satisfying the criteria as set forth in subsection f. of this section;

(3) Ensure that each pharmacy technician is knowledgeable in the established job descriptions, task protocols and policies and procedures in the pharmacy setting in which the technician is to perform his duties;

(4) Ensure that the duties assigned to any pharmacy technician do not exceed the established job descriptions, task protocols and policies and procedures;

(5) Ensure that each pharmacy technician receives in-service training before the pharmacy technician assumes his responsibilities and maintain documentation thereof;

(6) Require and maintain on site a signed patient confidentiality statement from each technician;

(7) Provide immediate personal supervision; and

(8) Provide the board, upon request, with a copy of the established job descriptions, task protocols and policies and procedures for all pharmacy technician duties.

f. If the pharmacist to pharmacy technician ratio is greater than the ratio established in accordance with the provisions of subsection d. of this section, the pharmacy shall maintain a policy and procedure manual with regard to pharmacy technicians, which shall include the following:

(1) Supervision by a pharmacist;

(2) Confidentiality safeguards of patient information;

(3) Minimum qualifications;

(4) Documentation of in-service education or ongoing training and demonstration of competency, specific to practice site and job function;

(5) General duties and responsibilities of pharmacy technicians;

(6) Retrieval of prescription files, patient files, patient profile information and other records pertaining to the practice of pharmacy;

(7) Functions related to prescription processing;

(8) Functions related to prescription legend drug and controlled dangerous substance ordering and inventory control;

(9) Prescription refill and renewal authorization;

(10) Procedures dealing with documentation and records required for controlled dangerous substance and prescription legend drugs;

(11) Procedures dealing with medication errors;

(12) Pharmacy technician functions related to automated systems;

 (13) Functions that may not be performed by pharmacy technicians; and

(14) A form signed by the pharmacy technician which verifies that the manual has been reviewed by the technician.

g. The pharmacist in charge shall review the policy and procedure manual at least every two years and, if necessary, amend the manual as needed. Documentation of the review shall be made available to the board upon request.

h. Pharmacy technicians shall wear an identification tag, which shall include at least their first name, the first initial of their last name and title.

i. On pharmacy permit renewal applications, the pharmacy shall list the name and address of all pharmacy technicians which it currently employs.

j. When pharmacy technicians are engaged in any activities permitted in accordance with the provisions of this section, the licensed pharmacists on site shall be responsible for these activities.

L.2003,c.280,s.41.

LexisNexis: https://www.lexisnexis.com/en‐us/gateway.page

“Pharmacy technician” means an individual registered with the Board and who works under the immediate personal supervision of a pharmacist in compliance with N.J.A.C. 13:39-6.15. For purposes of this definition, interns, externs, cashiers, stocking and clerical help are not pharmacy technicians.

13:39-6.6 PHARMACY TECHNICIAN REGISTRATION AND PHARMACY TECHNICIAN APPLICANTS

a) A person wishing to be registered with the Board as a pharmacy technician shall:

1) Be 18 years of age or older;

2) Possess a high school diploma or its equivalent;

3) Submit a certification attesting to the fact that he or she is proficient in written and spoken English;

4) Apply to the Board for registration and submit the application fee set forth in N.J.A.C. 13:39-1.3;

5) Submit his or her name, address and fingerprints for purposes of a criminal history background check pursuant to N.J.S.A. 45:1-28 et seq., (P.L. 2002, c. 104) to determine whether criminal history record information exists which may disqualify the applicant from being registered by the Board; and

6) Submit, as part of the application for registration, evidence of good moral character which is an ongoing requirement for registration, and evidence that he or she:

i) Is not presently engaged in drug or alcohol use that is likely to impair the ability to practice as a pharmacy technician with reasonable skill and safety. For purposes of this section, the term “presently” means at the time of application or any time within the previous 365 days;

ii) Has not been convicted of violating any law of this State or any other state of the United States relating to controlled dangerous substances or other habit-forming drugs;

iii) Has not been convicted of violating any law relating to the practice of pharmacy;

iv) Has not been convicted of a crime involving moral turpitude; and

v) Has not had his or her authority to engage in the activity regulated by the Board suspended or revoked as a result of any administrative or disciplinary proceedings in this or any other jurisdiction which determined the applicant to be in violation of any laws, rules or regulations pertaining to the practice of pharmacy, and that the applicant is not currently under suspension or revocation.

b) A pharmacy shall only employ a person registered with the Board as a pharmacy technician pursuant to (a) above, or a pharmacy technician applicant, consistent with (c) below, to perform pharmacy technician functions.

c) Any person who is hired as a pharmacy technician who is not registered with the Board shall be designated a pharmacy technician applicant. A person may only be considered a pharmacy technician applicant one time and only for a maximum of 180 consecutive days. During the first 10 days of employment, the pharmacy technician applicant shall file an application with the Board to begin the pharmacy technician registration process. The applicant shall retain proof of filing the application until he or she receives his or her registration. If at the conclusion of the 180-day period, the pharmacy technician applicant has not completed the pharmacy technician registration process, consistent with (a) above, the applicant shall cease performing pharmacy technician functions in the pharmacy.

d) If an applicant for registration as a pharmacy technician is being investigated for any alleged violation of the New Jersey Pharmacy Practice Act, N.J.S.A. 45:14-40 et seq., or the pharmacy laws, rules or regulations of any other jurisdiction, the Board in its discretion may deny the applicant the opportunity to register as a pharmacy technician.

e) A pharmacy shall not employ as a pharmacy technician applicant any person who was previously employed as a pharmacy technician applicant at a pharmacy in the State and who failed to complete the pharmacy technician registration process or any person who has been the subject of disciplinary action by the Board.

13:39-6.7 AUTHORIZATION TO PRACTICE AS A PHARMACY TECHNICIAN; DISPLAY OF REGISTRATION

a) An applicant for registration as a pharmacy technician who has successfully satisfied all Board requirements for registration and has been approved by the Board to be registered shall, upon payment of the initial registration fee set forth in N.J.A.C. 13:39-1.3, receive an authorization signed by the Executive Director of the Board granting the applicant the right to practice as a pharmacy technician in the State of New Jersey until such time as an initial registration may be issued. The registrant shall maintain such authorization on his or her person at all times while engaging in the practice of pharmacy as a pharmacy technician until the initial registration is issued.

b) Upon issuance, the current biennial renewal registration shall be conspicuously displayed in view of the public in the registered pharmacy technician’s principal place of employment.

c) A registered pharmacy technician who is employed by more than one pharmacy in the State shall maintain the wallet-sized registration issued by the Board on his or her person when he or she is working at a location where his or her current biennial renewal registration is not on display.

13:39-6.8 REPLACEMENT OF TECHNICIAN REGISTRATION

A replacement initial registration or renewal registration shall be issued by the Board upon payment of a fee as prescribed in N.J.A.C. 13:39-1.3 and upon submission of proof of the applicant’s identity and reasonable proof of the loss or destruction of the initial registration or renewal registration, or upon return of the damaged initial registration or renewal registration to the Board.

13:39-6.9 TECHNICIAN CHANGE OF NAME

If a registered pharmacy technician legally changes the name under which he or she has been practicing as a pharmacy technician, the pharmacy technician shall notify the Board within 30 days of such change. The registered pharmacy technician shall submit original proof of the change of name or a certified copy of the court order or marriage certificate which shall be retained by the Board. When a replacement registration is issued, the initial registration shall be returned for cancellation and the pharmacy technician shall remit the required fee as prescribed in N.J.A.C. 13:39-1.3.

13:39-6.10 TECHNICIAN CHANGE OF ADDRESS OF RECORD; SERVICE OF PROCESS

a) A registered pharmacy technician shall notify the Board in writing of any change in his or her address of record within 30 days of such change.

b) Failure to notify the Board of any change in a registered pharmacy technician’s address of record pursuant to (a) above may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h) and N.J.A.C. 13:45C-1.3, and the imposition of penalties set forth in N.J.S.A. 45:1-25.

c) Service of any administrative complaint or other Board-initiated process at a registered pharmacy technician’s address of record shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings.

13:39-6.11 VERIFICATION OF TECHNICIAN REGISTRATION

A verification that the registration of a pharmacy technician is in good standing shall be supplied by the Board upon written request and upon payment of the fee set forth in N.J.A.C. 13:39-1.3.

13:39-6.12 REPRODUCTION OF TECHNICIAN REGISTRATION PROHIBITED

The initial registration, biennial registration or wallet-sized registration issued by the Board to any pharmacy technician shall not be reprinted, photographed, photostated, duplicated or reproduced by any other means either in whole or in part, except as provided in N.J.A.C. 13:39- 6.8.

13:39-6.13 PHARMACY TECHNICIAN REGISTRATION RENEWAL

a) The Board shall send a notice of renewal to each pharmacy technician registrant, at least 60 days prior to the expiration of the registration. The notice of renewal shall explain inactive renewal and advise the registrant of the option to renew as inactive. If the notice to renew is not sent 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew provided that the registration

f) A pharmacy technician who continues to perform the functions of a pharmacy technician with a suspended registration shall be deemed to be engaging in unauthorized practice and shall be subject to action consistent with N.J.S.A. 45:1-14 et seq., even if no notice of suspension has been provided to the individual.

13:39-6.14 PHARMACY TECHNICIAN REGISTRATION REACTIVATION

a) A pharmacy technician who holds an inactive registration pursuant to N.J.A.C. 13:39- 6.13(c) may apply to the Board for reactivation of the inactive registration. A pharmacy technician seeking reactivation of an inactive registration shall submit:

1) A renewal application;

2) A certification of employment listing each job held during the period the registration was inactive, which includes the name, address, and telephone number of each employer; and

3) The renewal fee for the biennial period for which reactivation is sought as set forth in N.J.A.C. 13:39-1.3.

i) If the renewal application is sent during the first year of the biennial period, the applicant shall submit the renewal fee as set forth in N.J.A.C. 13:39-1.3.

ii) If the renewal application is sent during the second year of the biennial period, the applicant shall submit one-half of the renewal fee as set forth in N.J.A.C. 13:39-1.3.

b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reactivation, the Board may require the applicant to submit to and successfully pass an examination or an assessment of skills, a refresher course, or other requirements as determined by the Board prior to reactivation of the registration. If that examination or assessment identifies deficiencies or educational needs, the Board may require the applicant as a condition of reactivation of the registration to take and successfully complete any education or training or to submit to any supervision, monitoring, or limitations as the Board determines is necessary to assure that the applicant practices with reasonable skill and safety. The Board, in its discretion, may restore the registration subject to the applicant’s completion of the training within a period of time prescribed by the Board following the restoration of the registration. In making its determination whether there are practice deficiencies requiring remediation, the Board shall consider the following non-exhaustive issues:

1) Length of time registration was inactive;

2) Employment history;

3) Professional history;

4) Disciplinary history and any action taken against the applicant’s license or registration by any licensing board;

5) Actions affecting the applicant’s privileges taken by any institution, organization, or employer related to the practice of a pharmacy technician or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

6) Pending proceedings against a professional or occupational license issued to the pharmacy technician by a professional board in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

7) Civil litigation related to the practice of a pharmacy technician or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction.

13:39-6.14A PHARMACY TECHNICIAN REGISTRATION REINSTATEMENT FROM ADMINISTRATIVE AND DISCIPLINARY SUSPENSIONS

a) A pharmacy technician who has had his or her registration administratively suspended pursuant to N.J.A.C. 13:39-6.13(e) may apply to the Board for reinstatement. A pharmacy technician applying for reinstatement shall submit:

1) A reinstatement application;

2) A certification of employment listing each job held during the period of suspended registration, which includes the names, addresses, and telephone number of each employer;

3) The renewal fee for the biennial period for which reinstatement is sought;

4) The past due renewal fee for the biennial period immediately preceding the renewal period for which reinstatement is sought; and

5) The reinstatement fee set forth in N.J.A.C. 13:39-1.3.

b) If a Board review of an application establishes a basis for concluding that there may be practice deficiencies in need of remediation prior to reinstatement, the Board may require

1) A reinstatement application, including an affidavit of employment listing each job held during the period of registration suspension, including the names, addresses, and telephone numbers of each employer;

2) A reinstatement fee set forth in N.J.A.C. 13:39-1.3;

3) The applicable renewal fee(s) set forth in N.J.A.C. 13:39-1.3; and

4) Evidence of having met all conditions imposed by the Board pursuant to the disciplinary and/or reinstatement order(s).

13:39-6.15 PHARMACY TECHNICIAN DUTIES AND PHARMACIST-TECHNICIAN RATIOS

a) Pharmacy technicians and pharmacy technician applicants may assist the pharmacist in performing the following tasks:

1) Retrieval of prescription files, patient files and profiles and other such records pertaining to the practice of pharmacy;

2) Data entry of prescription medication information, including the original or refill date of the prescription, the number or designation identifying the prescription, the practitioner’s information, and the name, strength, and quantity of the prescribed medication;

3) The collection of the following demographic information for the patient profile: the name, address, and telephone number of the patient; the patient’s age, date of birth; or age group (infant, child, adult); gender; any allergies and idiosyncrasies of the patient; and any medical conditions that may relate to drug utilization;

4) Transcription of scanned prescription or medication order information into the patient record;

5) Label preparation;

6) The counting, weighing, measuring, pouring and compounding of prescription medication or stock legend drugs and controlled substances, including the filling of an automated medication system; and

7) Accepting authorization from a patient for a prescription refill, or from a practitioner or his or her agent for a prescription renewal, provided that the prescription remains unchanged, consistent with (a)7i below:

i) The pharmacy technician or pharmacy technician applicant shall identify himself or herself as a pharmacy technician when accepting authorization from a practitioner or his or her agent. For purposes of this section, “prescription refill” means the dispensing of medications pursuant to a practitioner’s authorization provided on the original prescription. For purposes of this section, “prescription renewal” means the dispensing of medications pursuant to a practitioner’s authorization to fill an existing prescription that has no refills remaining.

b) Pharmacy technicians and pharmacy technician applicants shall not:

1) Receive new verbal prescriptions;

2) Interpret a prescription or medication order for therapeutic acceptability and appropriateness;

3) Verify dosage and directions;

4) Engage in prospective drug review;

5) Provide patient counseling;

6) Monitor prescription usage;

7) Override computer alerts without first notifying the pharmacist;

8) Transfer prescriptions from one pharmacy to another pharmacy; or

9) Violate patient confidentiality.

c) A pharmacy shall require all pharmacy technicians and pharmacy technician applicants employed by the pharmacy to sign a patient confidentiality statement. Such statements shall be maintained on-site by the pharmacy.

d) Except as provided in (e) below, a pharmacist shall not supervise more than two pharmacy technicians at any given time. The pharmacist shall provide immediate personal supervision, as defined in N.J.A.C. 13:39-1.2, of all pharmacy technicians he or she supervises. Those personnel who do computer processing of prescriptions are to be included in the 1 to 2 ratio. A registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training, which shall not exceed 210 days, shall be excluded from the 1 to 2 ratio during such training. A pharmacist shall not supervise more than two persons receiving in-service training at the same time.

e) A pharmacy that employs a pharmacist to pharmacy technician ratio greater than 1:2 shall:

1) Establish written job descriptions, task protocols, and policies and procedures that pertain to the duties performed by the pharmacy technicians;

2) Ensure and document that all pharmacy technicians who are working when the ratio exceeds 1:2 have:

i) Passed the Pharmacy Technician Certification Board’s Pharmacy Technician Certification Examination and have fulfilled the requirements to maintain this status;

ii) Passed a Board-approved certification program and have fulfilled the requirements to maintain this status; or

iii) Completed a program that includes a testing component, which has been approved by the Board as satisfying the criteria set forth in (f) below. Completion of a program with a Board-approved testing component shall qualify the pharmacy technician to work only for the specific pharmacy and/or corporation for which the pharmacy technician was employed when the training was obtained. If the pharmacy technician becomes employed by another pharmacy and/or corporation, the pharmacy technician shall be required to complete the new employer’s training program;

3) Ensure that all pharmacy technicians are knowledgeable in the established job descriptions, task protocols, and policies and procedures in the pharmacy setting in which the technicians are to perform their duties;

4) Ensure that the duties assigned to any pharmacy technician do not exceed the established job descriptions, task protocols and policies and procedures, nor involve any of the prohibited tasks in (b) above;

5) Ensure that all pharmacy technicians receive in-service training before the pharmacy technicians assume their responsibilities and maintain documentation thereof. A registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training, which shall not exceed 210 days, shall be excluded from the 1 to 2 ratio during such training. A pharmacist shall not supervise more than two persons receiving in-service training at the same time;

6) Provide immediate personal supervision as defined in N.J.A.C. 13:39-1.2; and

7) Provide the Board, upon request, with a copy of the established job descriptions, task protocols, and policies and procedures for all pharmacy technician duties.

f) If the pharmacist to pharmacy technician ratio exceeds 1:2, the pharmacy shall maintain a policy and procedure manual with regard to pharmacy technicians, which shall include the following:

1) Supervision by a pharmacist;

2) Confidentiality safeguards of patient information;

3) Minimum qualifications;

4) Documentation of in-service education and/or ongoing training and demonstration of competency, specific to practice site and job function;

5) General duties and responsibilities of pharmacy technicians;

6) Retrieval of prescription files, patient files, patient profile information and other records pertaining to the practice of pharmacy;

7) All functions related to prescription processing;

8) All functions related to prescription legend drug and controlled substance ordering and inventory control;

9) Prescription refill and renewal authorization;

10) Procedures dealing with documentation and records required for controlled drug substance and prescription legend drugs;

11) Procedures dealing with medication errors, including classification of medication errors;

12) Pharmacy technician functions related to automated systems;

13) Functions that may not be performed by pharmacy technicians, including at a minimum those functions listed in (b) above; and

14) A form signed by the pharmacy technician which verifies that the manual has been reviewed by the technician.

g) The pharmacist-in-charge shall review at least every two years and, if necessary, amend the policy and procedure manual. Documentation of the review shall be made available to the Board upon request.

h) When pharmacy technicians and pharmacy technician applicants are engaged in any permitted activities, the pharmacist(s) shall be responsible for all the activities of the pharmacy technicians and the pharmacy technician applicants.