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The Oregon Administrative Rules contain OARs filed through August 15, 2015
 
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BOARD OF PHARMACY

 

DIVISION 25

CERTIFIED PHARMACY TECHNICIANS AND PHARMACY TECHNICIANS

855-025-0001

Transition from Registration of Technician to Licensure of Technician

The purpose of the Pharmacy Technician license is to provide an opportunity for a person to obtain competency in the role of Pharmacy Technician. It will allow a person to have time to take and pass a national pharmacy technician certification examination required to be eligible for licensure as a Certified Oregon Pharmacy Technician; and facilitate the initial license of a nationally certified Pharmacy Technician seeking licensure in Oregon.

Stat. Auth.: 689.205
Stats. Implemented: 689.225
Hist.: BP 8-2005, f. 12-14-05, cert. ef. 12-15-05; BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0005

Qualifications for Licensure as a Pharmacy Technician or Certified Oregon Pharmacy Technician

(1) To qualify for licensure as a Pharmacy Technician or Certified Oregon Pharmacy Technician, an applicant must demonstrate that the applicant is at least 18 years of age and holds a high school diploma or GED.

(2) Section one does not apply to persons under the age of 18 licensed by the Board as a Pharmacy Technician prior to January 1, 2015.

(3) An applicant for licensure as a Pharmacy Technician or Certified Oregon Pharmacy Technician must complete an application for licensure, provide the Board with a valid e-mail address and furnish documentation required to conduct a criminal background check.

(4) No person whose license has been denied, revoked, suspended or restricted by any healthcare professional regulatory Board may be licensed as a Pharmacy Technician or Certified Oregon Pharmacy Technician unless the Board determines that licensure will pose no danger to patients or to the public interest.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0010

Licensure as a Pharmacy Technician

(1) The license of a Pharmacy Technician expires the second June 30 from the date of issue and is not to exceed more than two years.

(2) The Pharmacy Technician license is not renewable except by petition to the Board.

(3) An individual may reapply for a Pharmacy Technician license if his or her previous license is lapsed for a period greater than five years or by petition to the Board.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15; BP 4-2015, f. & cert. ef. 7-1-15

855-025-0012

Licensure as a Certified Oregon Pharmacy Technician

(1) To obtain a Certified Oregon Pharmacy Technician license, the applicant must demonstrate that the applicant has taken and passed a national pharmacy technician certification examination offered by:

(a) The Pharmacy Technician Certification Board (PTCB); or

(b) The National Healthcareer Association (NHA).

(2) The license of a Certified Oregon Pharmacy Technician expires September 30 annually.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0015

Renewal of Licensure as a Certified Pharmacy Technician

(1) A person who has taken and passed a national pharmacy technician certification examination listed in OAR 855-025-0012(1)(a)–(b) may use the following title, are referred to in these rules as, and are licensed as a “Certified Oregon Pharmacy Technician.”

(2) An applicant for renewal of a Certified Oregon Pharmacy Technician license must:

(a) Pay the license fee prescribed in OAR 855-110.

(b) Satisfactorily complete a minimum of 10 continuing pharmacy educating hours during the period from September 1 through August 31, of each license renewal cycle. These hours must include:

(A) One hour of continuing pharmacy education in pharmacy law;

(B) One hour of continuing pharmacy education in patient safety or error prevention; and

(C) Eight other hours of continuing pharmacy education hours or documented onsite training, approved by the Board.

(c) Be subject to an annual criminal background check.

(3) The Board may randomly select and audit applications for renewal to verify completion of the continuing education or documented onsite training reported on the application for renewal. Certified Oregon Pharmacy Technicians whose applications for renewal are selected for audit must provide documentation of completion of the continuing pharmacy education reported.

(4) Effective January 1, 2015, national certification is not required to renew a license as a Certified Oregon Pharmacy Technician.

(5) A Certified Oregon Pharmacy Technician who fails to renew his or her license by the expiration date and whose license has been lapsed less than 180 days may renew his or her license as follows:

(a) Pay the license fee as prescribed in OAR 855-110.

(b) Pay a delinquent fee.

(6) A Certified Oregon Pharmacy Technician who fails to renew their license by the deadline and whose license has been lapsed 180 days may reinstate his or her license under OAR 855-025-0060(1).

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0020

Recordkeeping Responsibilities of Pharmacy Technicians and Certified Oregon Pharmacy Technicians

(1) Failure to answer completely, accurately and honestly, all questions on the application form for licensure or renewal of licensure is grounds for discipline.

(2) Failure to disclose any arrest for a felony or misdemeanor, or any indictment for a felony may result in denial of the application.

(3) A Pharmacy Technician or Certified Oregon Pharmacy Technician must report to the Board within 10 days if they:

(a) Are convicted of a misdemeanor or a felony; or

(b) If they are arrested for a felony.

(4) A Pharmacy Technician or Certified Oregon Pharmacy Technician who has reasonable cause to believe that another licensee (of the Board or any other Health Professional Regulatory Board) has engaged in prohibited or unprofessional conduct as these terms are defined in OAR 855-006-0005, must report that conduct to the board responsible for the licensee who is believed to have engaged in the conduct. The reporting Pharmacy Technician or Certified Oregon Pharmacy Technician shall report the conduct without undue delay, but in no event later than 10 working days after the reporting Pharmacy Technician or Certified Oregon Pharmacy Technician learns of the conduct unless federal laws relating to confidentiality or the protection of health information prohibit disclosure.

(5) A Pharmacy Technician or Certified Oregon Pharmacy Technician who reports to a Board in good faith as required by section (4) of this rule is immune from civil liability for making the report.

(6) A Pharmacy Technician or Certified Oregon Pharmacy Technician who has reasonable grounds to believe that prescription drugs or records have been lost or stolen, or any violation of these rules has occurred, must notify the Board within 1 day.

(7) A Pharmacy Technician or Certified Oregon Pharmacy Technician must notify the Board in writing, within 15 days, of any change in email address, employment location or residence address except that a Pharmacy Technician who is employed at more than one pharmacy need only report the name and address of the pharmacy at which the technician normally works the most hours.

(8) A Certified Oregon Pharmacy Technician must obtain certificates of completion that show the date and number of hours earned to document continuing pharmacy education credit earned and must keep the certificates of completion for three years from the date of the program.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155, 689.455
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 6-2010, f. & cert. ef. 6-29-10; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0025

Use of Pharmacy Technicians and Certified Oregon Pharmacy Technicians

(1) A Pharmacist or pharmacy may use Pharmacy Technicians or Certified Oregon Pharmacy Technicians only as authorized by the rules of the Board.

(2) Pharmacy Technicians or Certified Oregon Pharmacy Technicians must be supervised by a Pharmacist.

(3) Pharmacists, Pharmacist Interns, Pharmacy Technicians and Certified Oregon Pharmacy Technicians must be clearly identified as such to the public.

(4) Work performed by Pharmacy Technicians and Certified Oregon Pharmacy Technicians assisting the Pharmacist to prepare medications must be verified by a Pharmacist prior to release for patient use. Verification must be documented, available and consistent with the standard of practice.

(5) The pharmacist-in-charge must prepare and maintain in the pharmacy written procedures that describe the tasks performed by Pharmacy Technicians or Certified Oregon Pharmacy Technicians, and the methods of verification and documentation of work performed by Pharmacy Technicians or Certified Oregon Pharmacy Technicians. Written procedures must be available for inspection by the Board or its representatives. The pharmacist-in-charge must review written procedures annually and document that review on the annual pharmacist-in-charge inspection sheet.

(6) Training:

(a) The pharmacist-in charge must outline, and each Pharmacy Technician or Certified Oregon Pharmacy Technician must complete initial training that includes on-the-job and related education that is commensurate with the tasks that the Pharmacy Technician or Certified Oregon Pharmacy Technician will perform, prior to the performance of those tasks.

(b) The pharmacist-in-charge must ensure the continuing competency of Pharmacy Technicians or Certified Oregon Pharmacy Technicians.

(c) The pharmacist-in-charge must document initial training of each Pharmacy Technician or Certified Oregon Pharmacy Technician and make that documentation available to the Board or its representatives upon request.

(7) Upon written request, the Board may waive any of the requirements of this rule upon a showing that a waiver will further public health or safety or the health or safety of a patient or other person. A waiver granted under this section is effective only when issued by the Board in writing.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0030

Confidentiality

(1) No licensee of the Board who obtains any patient information shall disclose that information to a third-party without the consent of the patient except as provided in section two of this rule.

(2) A licensee may disclose patient information:

(a) To the Board;

(b) To a practitioner, Pharmacist, Pharmacy Technician, or Certified Oregon Pharmacy Technician, if disclosure is authorized by a Pharmacist who reasonably believes that disclosure is necessary to protect the patient’s health or well-being; or

(c) To a third-party when disclosure is authorized or required by law; or

(d) As permitted pursuant to federal and state patient confidentiality laws.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0035

Pharmacy and Pharmacist Responsibility for Supervising Pharmacy Technicians and Certified Oregon Pharmacy Technicians

(1) The supervising Pharmacist and the pharmacist-in-charge are responsible for the actions of Pharmacy Technicians or Certified Oregon Pharmacy Technicians. The use of Pharmacy Technicians or Certified Oregon Pharmacy Technicians to perform tasks not included in written procedures maintained by the pharmacy constitutes unprofessional conduct on the part of the supervising Pharmacist and the pharmacist-in-charge.

(2) The pharmacy must maintain on file and post the current license of each Pharmacy Technician or Certified Oregon Pharmacy Technician.

(3) Before allowing any person to work as a Pharmacy Technician or Certified Oregon Pharmacy Technician, the pharmacy and Pharmacist shall verify that the person is currently licensed as a Pharmacy Technician or Certified Oregon Pharmacy Technician.

(4) Prior to performing the duties of a Pharmacy Technician or Certified Oregon Pharmacy Technician, a person must provide to the Pharmacist or pharmacist-in-charge a copy of the person’s current Pharmacy Technician license or current Certified Oregon Pharmacy Technician license.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0040

Certified Oregon Pharmacy Technician and Pharmacy Technician Tasks and Guidelines

(1) Non-licensed pharmacy personnel may enter non-prescription information into a computer record system and may perform clerical duties such as filing prescriptions, delivery, housekeeping, and general record keeping, but the responsibility for the accuracy of the non-licensed pharmacy personnel’s work lies with the Pharmacist.

(2) Only persons licensed with the Board as a Pharmacy Technician or Certified Oregon Pharmacy Technician, acting in compliance with all applicable statutes and rules and under the supervision of a Pharmacist, may assist in the practice of pharmacy by the following:

(a) Packing, pouring or placing in a container for dispensing, sale, distribution, transfer possession of, any drug, medicine, poison, or chemical which, under the laws of the United States or the State of Oregon, may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals.

(b) Reconstituting prescription medications. The supervising Pharmacist must verify the accuracy in all instances.

(c) 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.

(d) Entering information into the pharmacy computer. The Pharmacy Technician or Certified Oregon Pharmacy Technician shall not make any decisions that require the exercise of judgment and that could affect patient care. The supervising Pharmacist must verify prescription information entered into the computer and is responsible for all aspects of the data and data entry.

(e) Initiating or accepting oral or electronic refill authorization from a practitioner or practitioner’s agent, provided that nothing about the prescription is changed, and record the medical practitioner’s name and medical practitioner’s agent’s name, if any;

(f) 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 verify the accuracy of the finished task.

(g) Picking doses for unit dose cart fill for a hospital or for a nursing home patient. The Pharmacist must verify the accuracy of the finished task.

(h) Checking nursing units in a hospital or nursing home for nonjudgmental tasks such as sanitation and out of date medication. Any problems or concerns shall be documented and initialed by a Pharmacist.

(i) Recording patient or medication information in computer systems for later verification by the Pharmacist.

(j) Bulk Compounding. 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. The supervising Pharmacist must verify the accuracy in all instances.

(k) Preparation of parenteral products as follows:

(A) Performing functions involving reconstitution of single or multiple dosage units that are to be administered to a given patient as a unit. The supervising Pharmacist must verify the accuracy in all instances.

(B) Performing 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.

(l) Performing related activities approved in writing by the Board.

(3) In order to protect the public, safety, health and welfare, Pharmacy Technicians or Certified Oregon Pharmacy Technicians shall not:

(a) Communicate or accept by oral communication a new or transferred prescription of any nature;

(b) Receive or transfer a prescription to another pharmacy without the prior verification of a Pharmacist.

(c) Provide a prescription or medication to a patient without a Pharmacist's verification of the accuracy of the dispensed medication;

(d) Counsel a patient on medications or perform a drug utilization review;

(e) Perform any task that requires the professional judgment of a Pharmacist; or

(f) Engage in the practice of pharmacy as defined in ORS 689.015.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0050

Grounds for Discipline of Pharmacy Technicians and Certified Oregon Pharmacy Technicians

The State Board of Pharmacy may refuse to issue or renew; or may suspend, revoke, or restrict the license of a Pharmacy Technician or Certified Oregon Pharmacy Technician; or may impose a civil penalty upon a Pharmacy Technician or Certified Oregon Pharmacy Technician upon the following grounds including but not limited to:

(1) Unprofessional conduct as defined in OAR 855-006-0005;

(2) Repeated or gross negligence in performing the duties of a Pharmacy Technician or Certified Oregon Pharmacy Technician;

(3) Impairment, which means an inability to assist in the practice of pharmacy with reasonable competence and safety due to the habitual or excessive use of drugs or alcohol, other chemical dependency or a mental health condition;

(4) Being found guilty by the Board of a violation of the pharmacy or drug laws of this state or rules pertaining thereto or of statutes, rules or regulations of any other state or of the federal government;

(5) Being found guilty by a court of competent jurisdiction of a felony as defined by the laws of this state;

(6) Being found guilty by a court of competent jurisdiction of a violation of the pharmacy or drug laws of this state or rules pertaining thereto or of statutes, rules or regulations of any other state or of the federal government;

(7) Fraud or intentional misrepresentation in securing or attempting to secure the issuance or renewal of a Pharmacy Technician or Certified Oregon Pharmacy Technician license;

(8) Allowing an individual to engage in the duties of a Pharmacist, Pharmacy Technician or Certified Oregon Pharmacy Technician without a license or to use falsely the title of Pharmacist, Pharmacy Technician or Certified Oregon Pharmacy Technician;

(9) Being found by the Board to be in violation of any violation of any of the provisions of ORS 435.010 to 435.130, 453.025, 453.045, 475.035 to 475.190, 475.805 to 475.995 or 689.005 to 689.995 or the rules adopted pursuant thereto;

(10) Failure to appropriately perform the duties of a Pharmacy Technician or Certified Oregon Pharmacy Technician as outlined in OAR 855-025-0040 while assisting a Pharmacist in the practice of pharmacy as defined in ORS 689.005;

(11) Any act or practice relating to performing the duties of a Pharmacy Technician or Certified Oregon Pharmacy Technician which is prohibited by state or federal law or regulation; or

(12) Any conduct or practice by a Pharmacy Technician, Certified Oregon Pharmacy Technician or pharmacy that the Board determines is contrary to the accepted standards of practice.

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.151 & 689.405
Hist.: BP 9-2005, f. 12-14-05, cert. ef. 12-15-05; BP 1-2006, f. & cert. ef. 6-9-06; BP 6-2010, f. & cert. ef. 6-29-10; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

855-025-0060

Reinstatement of a Certified Oregon Pharmacy Technician License

(1) A Certified Oregon Pharmacy Technician who fails to renew their license by the deadline and whose license has been lapsed 180 days or longer may reinstate their license as follows:

(a) Complete a new application for licensure and provide the Board with a valid e-mail address; and

(b) Pay the license fee as prescribed in OAR 855-110.

(2) A Certified Oregon Pharmacy Technician whose license has been lapsed greater than four years must:

(a) Complete an application for licensure, provide the Board with a valid e-mail address, and a fingerprint card or other documentation required to conduct a criminal background check;

(b) Pay the license fee as prescribed in OAR 855-110; and

(c) Re-take and pass a national pharmacy technician certification examination offered by:

(A) The Pharmacy Technician Certification Board (PTCB); or

(B) National Healthcareer Association (NHA).

Stat. Auth.: ORS 689.205
Stats. Implemented: ORS 689.155
Hist.: BP 1-2006, f. & cert. ef. 6-9-06; BP 10-2014, f. 12-30-14, cert. ef. 1-1-15

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