Oklahoma 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

Oklahoma Law

I. Laws
Oklahoma Statutes, Title 59, Chapter 8 – Drugs and Pharmacy
http://www.ok.gov/OSBP/documents/law10.pdf

353.29. Use of supportive personnel
A. Supportive personnel may be used in the practice of pharmacy if used in compliance with rules established by the State Board of Pharmacy.
B. 1. No person shall serve as a pharmacy technician without first procuring a permit from the Board. 18
2. An application for an initial or renewal permit issued pursuant to this subsection shall be:
a. made in writing, and
b. accompanied by a permit fee not to exceed Seventy-five Dollars ($75.00) for each period of one (1) year. A permit issued pursuant to this subsection shall be valid for a period to be determined by the Board.
3. A pharmacy technician who fails to complete an application for a renewal permit by the fifteenth day after the expiration of the permit shall pay a late fee to be fixed by the Board.

OKLAHOMA ADMINISTRATIVE CODE
Title 535. Oklahoma State Board of Pharmacy http://www.ok.gov/OSBP/documents/law10.pdf

535:15-5-2. Definitions
The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Pharmacy technician”, “Tech”, “Technician” or “RxTech” means a person who has been issued a permit by the Board to assist the pharmacist and performs non-judgmental, technical, manipulative, non-discretionary functions in the prescription department under the pharmacist’s immediate supervision.
“Certified pharmacy technician” means a pharmacy technician who has a current Board approved pharmacy technician certification in addition to a current Oklahoma pharmacy technician permit.

535:15-5-7.1. Pharmacy technician qualifications and training
(a) A pharmacy technician must have completed a high school education or G.E.D. equivalence, be of good moral character, be non-impaired (e.g. alcohol or drugs) and have adequate education to perform assigned duties.
(b) The pharmacy technician must, at a minimum, satisfactorily complete a pharmacy technician on-the-job training (OJT) program as described in 535:15-13-13.
(c) The Director of Pharmacy must demonstrate that the pharmacy technician has been given additional training before being allowed to prepare sterile products and 88
that the training given is at a level consistent with the scope of pharmaceutical product being prepared.
(d) A pharmacy technician, to be eligible for a technician permit, must comply with the requirements in this Title and 535:25.
[Source: Added at 18 Ok Reg 2738, eff 7-1-01]

535:15-5-7.2. Supervision of pharmacy technicians
(a) All tasks performed by pharmacy technicians in the pharmacy must be accomplished under the immediate supervision of an Oklahoma currently licensed pharmacist.
(b) Non-dispensing and non-compounding tasks performed in the floor stock or “satellite” areas must be under the supervision of the pharmacist.
(c) A pharmacy technician may perform certain non-judgmental tasks of dispensing as enumerated in this Subchapter provided that whenever the pharmacist leaves the pharmacy, all dispensing shall cease. Certified medical orders may be delivered during a pharmacist’s absence.
(d) The pharmacist shall include in the Policy and Procedure Manual the specific scope of responsibilities or procedures delegated to pharmacy technicians and the in-service training of pharmacy technicians.
(e) The ratio of pharmacy technicians to supervising pharmacists shall be set by the Director of Pharmacy and should be a ratio that would be considered safe and reasonable by the certifying pharmacist. The ratio shall not exceed two pharmacy technicians to one supervising pharmacist.
(f) A pharmacy intern working in the pharmacy will not affect or change this ratio.
(g) A licensed pharmacy intern shall not supervise pharmacy technicians.
(h) The pharmacist shall do the final check and certification of the technical tasks performed by technicians. This certification shall be by means of the certifying pharmacist’s signature, initial or other identifying mark on a record, the medication order and/or label.

535:15-5-7.4. Pharmacy technician tasks
Pharmacy technicians may perform the following tasks in a licensed hospital pharmacy facility in accordance with 535:15-7.2:
(1) any tasks auxiliary supportive personnel are allowed to perform;
(2) count and/or pour medications;
(3) affix the prescription label to the final container;
(4) affix auxiliary labels to the container as directed by the pharmacist;
(5) assist the pharmacist in the management of the controlled dangerous substance (CDS) inventory. The pharmacist remains responsible for completeness and accuracy;
(6) fill “Modified unit dose distribution systems”, “Automated dispensing systems” and/or “Unit dose distributions systems”;
(7) prepackage and label multi-dose and unit-dose packages of medication as directed by pharmacist-established procedures for such, including selection of containers, labels and lot numbers, with provisions for the pharmacist to check the finished task prior to dispensing to the patient. (While a pharmacy technician may package and label the drug, the certification is the responsibility of the pharmacist.)
(8) perform bulk reconstitution of prefabricated non-injectable medication utilizing a pharmacist established procedure for the bulk reconstitution of prefabricated non-injectable medications.
(9) perform bulk compounding, including such items as sterile bulk solutions for small-volume injectables, sterile irrigation solutions, products prepared in relatively large volume for internal or external use by patients, and reagents or other products for other departments of the hospital facility. Such intermediate and large scale compounding may be done by a pharmacy technician through the use of a procedural manual and a system of in-process and final checks and controls developed or approved by the pharmacist and which are carefully and systematically enforced.
(10) prepare parenteral products utilizing a policy and procedure that addresses the verification of the pharmaceutical constituents, the prepared label and the final product by the pharmacist.
(A) Pharmacy technicians may perform functions involving the:
(i) reconstitution of single dosage units that are to be administered to a given patient as a unit; and/or
(ii) addition of one manufacturer’s prepared unit (whole or in part) to another manufacturer’s prepared unit if the unit is to be administered as one dose to a patient.
(B) Pharmacy technicians may add a single ingredient in preparing parenteral products.
(C) Certified pharmacy technicians as defined in 535:15-5-2 may prepare chemotherapy and add multiple ingredients when preparing sterile products only following documented demonstration of appropriate competency to the Director of Pharmacy or his designated pharmacist on an annual basis. 90
(11) record patient or medication information for later validation by the pharmacist pursuant to procedures which prevent the information from being utilized in any way until it is validated by the pharmacist. Exempt from the necessity of pharmacist validation shall be records, such as financial, inventory control, etc., which can in no way affect the safety and accuracy of medication administration to patients.
(12) select prepackaged and pre-labeled doses of medication from storage areas and place and transport to the patient area such doses in containers bearing a patient’s name in a unit dose distribution system or a modified unit dose distribution system if the pharmacist personally checks and verifies by signature or initial all patient medication before it is administered to the patient.
[Source: Added at 18 Ok Reg 2738, eff 7-1-01; Amended at 20 Ok Reg 2982 eff 9-2-03 (emergency); Amended at 21 Ok Reg 2452, eff 7-1-04]

535:15-5-7.6. Pharmacy technician annual permit requirement
(a) Annual permit requirements for pharmacy technicians are set forth in this Title, in 535:15-13-8 and in 535:25.
(b) No pharmacy technician permit shall be issued or continued for an applicant or permit holder who fails to meet and maintain the requirements in 535:25-3 and 535:25-7 or who violates the rules in 535:25-9.
(c) A pharmacy technician must be employed in a licensed pharmacy to be eligible to renew their pharmacy technician permit.
[Source: Added at 18 Ok Reg 2738, eff 7-01-01; Amended are 24 Ok Reg 2261, eff 7-1-07]

535:15-5-7.11. Technician training
Pharmacy technicians shall meet the training requirements as set forth in 535:15-13-13.

535:15-13-2. Hospital pharmacy technician definitions and duties
Hospital pharmacy technician definitions and duties are enumerated in OAC 535:15-5.

535:15-13-3. Definitions
The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Pharmacy technician”, “Technician”, “Tech”, or “Rx Tech” means a person who has been issued a permit by the Board to assist the pharmacist and perform non-judgmental, technical, manipulative, non-discretionary functions in the prescription department under the pharmacist’s immediate and direct supervision.

535:15-13-4. Pharmacy technician qualifications and training
(a) A pharmacy technician must have completed a high school education or G.E.D. equivalence, be of good moral character, be non-impaired (e.g. alcohol or drugs) and have adequate education to perform assigned duties.
(b) A pharmacy manager employing a currently permitted technician must document training of that technician within 10 days of hire.
(c) The pharmacy technician must, at a minimum, satisfactorily complete a pharmacy technician on-the-job training (OJT) program described in 535:15-13-13.
(d) To be eligible for a pharmacy technician permit, an applicant must maintain compliance with the requirements in this Title, 535.25 and 535:15.

535:15-13-8. Technician annual permit requirement
(a) Each pharmacy technician in Oklahoma shall obtain a permit annually before practicing as such. A pharmacy technician must be employed in a licensed pharmacy to be eligible to renew their pharmacy technician permit.
(1) Upon meeting the qualifications listed in 535:15-13-4 and 535:25, applicants shall apply for a pharmacy technician permit on the form provided by the Board accompanied by such fee authorized by the legislature and in the agency fee schedule.
(2) After the pharmacy technician has completed their portion of the application they must submit it to the pharmacy manager or designated pharmacist who has conducted the technician training for review and signature.
(3) The pharmacy manager or designated pharmacist must first verify the applicant’s completion of Phase I of the Board approved pharmacy technician training program. The signature by the pharmacist verifying technician training indicates that there is written training verification in the pharmacy available for Board inspection.
(4) Each pharmacy technician who desires to continue to work as a tech shall annually, on or before the last day of the registrants’ birth month, send to the Board of Pharmacy such fee authorized by the legislature and in the agency fee schedule, with a completed Board application signed by the supervising pharmacist and the technician. Renewal notice will be sent to the technician’s address on file in the Board office either electronically or by mail. 162
(b) The Board shall, at a minimum, consider the following factors in reviewing qualifications of persons who apply for a pharmacy technician permit within the state:
(1) any arrest, charge, plea of nolo contendere, or conviction, or deferred sentence, for any misdemeanor or felony offense of the applicant under any federal, state, or local laws;
(2) the furnishing of any false or fraudulent material in any application made to the Board;
(3) suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant;
(4) compliance with permitting requirements under previously granted permits, if any; and,
(5) any use or abuse of an illegal CDS substance or a positive drug screen for such CDS substance or its’ metabolite; and,
(6) any other factors or qualifications the Board considers relevant to and consistent with the public health and safety.
(c) The Board shall have the right to deny a permit to an applicant if it determines that the granting of such a permit would not be consistent with the public health and safety.

535:15-13-13. Pharmacy technician training
(a) The pharmacy manager shall be responsible for the development and/or implementation of a pharmacy technician training program.
(1) The instructional text of the training program shall be kept in the pharmacy and only upon request submitted to the Board for approval.
(2) The program shall be designed to train personnel to perform allowed non-professional functions, as described in OAC 535:15-5 and 535:15-13.
(3) Minimum standards for technician training programs shall be those set out in the Board approved “Pharmacy Technician Training Guidelines”.
(A) Pharmacy technician applicants shall complete Phase I training before they may apply for an Oklahoma Pharmacy Technician permit. A pharmacy technician permit must be received before performing any of the duties of pharmacy technicians authorized in OAC
535:15-5 and 535:15-13.
(B) A technician shall not have met Board requirements until they have successfully completed Phase II of pharmacy technician training.
(C) A pharmacy technician must complete Phase II within ninety (90) days after issuance of a pharmacy technician permit.
(D) Pharmacy technician applicants shall not have fully received their permits until they have completed Phase II of pharmacy technician 164
training.
(E) If the pharmacy technician fails to complete Phase II within 90 days, the pharmacist manager shall notify the Board in writing,
(i) If the pharmacy technician fails to complete Phase II within 90 days,
(I) the pharmacy technician permit is automatically void; and,
(II) the pharmacy technician shall return such permit to the Board.
(ii) Such pharmacy technician may apply for a new pharmacy technician permit when they have again satisfactorily completed Phase I training with an employing pharmacy, provided the provisions of these rules have not been violated by the pharmacy technician.
(b) The pharmacist manager, or another pharmacist in the pharmacy whom the pharmacist manager may designate, shall conduct the training and attest to its successful completion.
(c) The pharmacist manager shall assure that the pharmacy technician remains competent through continuing on-the-job training.
(d) A pharmacy manager employing a currently permitted technician must document training of that technician within 10 days of hire at such pharmacy. Documentation of this training must be kept in the pharmacy and available for Board inspection.
(e) The pharmacist manager shall be responsible for assuring proof of technician training is maintained in the pharmacy and such proof is available for Board inspection.

535:25-1-1.1. Definitions
The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Applicant” means a “person” as defined in Title 59, O.S., Section 353.1 who is making application for any registration, certificate, license or permit or renewal of the same.
“License” means any license, permit, registration or certificate.
“Registrant” means any holder of registration, certificate, license or permit that is regulated by the Board.
[Source: Added at 17 Ok Reg 2636, eff 7-1-00; Amended at 18 Ok Reg 2749, eff 7-1-01]

535:25-3-3. Qualifications and requirements for registrant applicants
(a) The Board shall consider at least the following factors in reviewing the qualifications of registrants or applicants for licensure e.g.:
(1) Any charges, convictions, receipt of deferred sentence or deferred prosecution, or pleading of no contest of the applicant or registrant under any federal, state, or local laws relating to drug samples, drug distribution, or distribution of controlled substances;
(2) Any felony charges, convictions, receipt of deferred sentence or deferred prosecution, or pleading of no contest of the applicant or registrant under federal, state, or local laws;
(3) The applicant’s or registrant’s past experience with prescription drugs, including controlled substances;
(4) The furnishing by the applicant or registrant of fictitious, false, misleading, or fraudulent material in any application (original, new or renewal) or failing to provide information relevant to this application;
(5) The suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant or registrant;
(6) Compliance with licensing requirements under previously granted licenses, if any;
(7) Compliance with requirements to maintain and/or make available to the State Board of Pharmacy or to federal, state, or local law enforcement officials those records required under this section;
(8) Abuse of alcohol or habit-forming drugs, or use of illegal CDS drugs or positive drug screen for such illegal substance or its’ metabolite; 213
(9) Practicing as a registrant without reasonable skill and safety by reason of use and/or abuse of drugs, narcotics, chemicals or any other type of material, or as a result of any mental or physical condition; and,
(10) Any other factors or qualifications the Board considers relevant to and consistent with the public health and safety.
(b) The applicant shall be forthright and open in the provision of information to the Board in the application process. No license, permit or certificate shall be awarded to an applicant who does not provide the Board with complete open and honest responses to all requests for information.
(c) The applicant shall be candid in regards to providing information related to any academic misconduct, malpractice, legal, or disciplinary action.
(d) The applicant shall fully and completely disclose ownership of any pharmacy, wholesaler, manufacturer packager, medical gas supplier or medical gas distributor or any other person licensed under Title 59 O.S. Section 353.18.
(e) The Board shall have the right to deny a license to an applicant or registrant if it determines that the granting of such a license would not be consistent with the public health and safety.

535:25-7-3. Registrant Conduct
(a) Registrants will at all times conduct business in conformity with all federal, state and municipal laws.
(b) Registrants shall conduct themselves at all times in a manner that will entitle 217
them to the respect and confidence of the community in which they practice.
(c) Registrants shall not abuse alcohol or drugs, nor shall they use an illegal CDS substance, nor test positive for such substance or its’ metabolite.
535:25-7-6. Governing body
(a) A registrant will recognize the State Board of Pharmacy as the governing body in the State of Oklahoma and report to them any violation of pharmacy laws or regulations that may come to their attention.
(b) A registrant who fails to report such violations will be subject to Board action against their license, permit or certificate.
[Source: Added at 17 Ok Reg 2636, eff 7-1-00; Amended at 20 Ok Reg 2488, eff 7-1-03]

535:25-9-1. Scope and purpose
The rules of this subchapter describe some violations of the rules of registrant conduct. Violations of professional conduct include, but are not limited to, those violations described in this subchapter.

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.