§ 20-598b — Designation of advanced pharmacy technicians. Duties. Regulations.

(a)(1) No pharmacy technician may perform the duties of an advanced pharmacy technician in this state, including, but not limited to, dispensing or redispensing to patients compatible drugs in compliance packaging under section 20-617b, unless such pharmacy technician has applied for and received an advanced pharmacy technician designation in accordance with the provisions of this section. (2) Each advanced pharmacy technician designation issued under this section shall be issued in a form and manner prescribed by the commissioner, shall be valid for one year and may be renewed for successive one-year periods upon submission of a complete application and payment of the renewal fee required in section 20-601 . (b) The department shall issue an advanced pharmacy technician designation to a pharmacy technician who: (1) Submits to the department, in a form and manner prescribed by the commissioner, (A) a complete application for designation as an advanced pharmacy technician, and (B) the application fee required in section 20-601 ; (2) Is actively registered and qualified as a pharmacy technician in accordance with section 20-598a ; (3) Was continuously registered as a pharmacy technician in accordance with section 20-598a for the three-year period immediately preceding the date on which such pharmacy technician applies for an advanced pharmacy technician designation under this section; (4) Continuously held a certification from the Pharmacy Technician Certification Board, or any other equivalent pharmacy technician certification program approved by the department, for the three-year period immediately preceding the date on which such pharmacy technician applies for an advanced pharmacy technician designation under this section, and maintains such certification in good standing; (5) Successfully completed (A) an educational course, during the one-year period immediately preceding the date on which such pharmacy technician applies for an initial advanced pharmacy technician designation under this section, that (i) is accredited by the Accreditation Council for Pharmacy Education or another appropriate national accrediting body, or (ii) the commissioner, in the commissioner's discretion, deems equivalent to an educational course accredited as set forth in subparagraph (A)(i) of this subdivision, and (B) a competency assessment performed by a pharmacist in accordance with requirements established by the commissioner in regulations adopted pursuant to subsection (e) of this section; (6) Is employed by a pharmacy or institutional pharmacy that satisfies the requirements established in subsection (d) of this section; and (7) (A) Works under the direct supervision of a pharmacist who satisfies the requirements established in subdivision (1) of subsection (c) of this section; or (B) Is supervised (i) in the manner set forth in section 20-609a , or (ii) in any manner approved by the commissioner or commission. (c) (1) The pharmacist who directly supervises an advanced pharmacy technician may delegate to the advanced pharmacy technician: (A) The pharmacist's authority to perform final verifications, provided the pharmacy or institutional pharmacy that employs such advanced pharmacy technician satisfies the requirements established in subsection (d) of this section; (B) The pharmacist's authority to administer vaccines in accordance with the provisions of section 20-633 and the regulations adopted pursuant to subsection (d) of said section; and (C) The pharmacist's authority to administer COVID-19-related tests, influenza-related tests and HIV-related tests in accordance with the provisions of section 20-633f and the regulations adopted pursuant to subsection (g) of said section, except the pharmacist shall not delegate such pharmacist's responsibility to present the results of any such test to the patient. (2) No pharmacist who makes any delegation to an advanced pharmacy technician under subdivision (1) of this subsection shall delegate to the advanced pharmacy technician any discretionary decision-making authority concerning the propriety of any drug in relation to a patient's medical condition or treatment plan. (d) (1) The pharmacy or institutional pharmacy that employs an advanced pharmacy technician: (A) Shall use bar code technology, or another technology approved by the department, to assist in dispensing drugs and confirm accuracy in dispensing; and (B) Shall not permit the ratio of advanced pharmacy technicians to pharmacists physically present in the pharmacy premises or institutional pharmacy to exceed one advanced pharmacy technician to one pharmacist providing direct supervision, except such pharmacy or institutional pharmacy may deviate from such ratio if such deviation is authorized by the commissioner or commission, including, but not limited to, in any regulation adopted by the commissioner pursuant to subsection (e) of this section. The commissioner or commission shall not provide for a ratio of pharmacy technicians to supervising pharmacists that is lower than three-to-one, and no advanced pharmacy technician shall be counted toward such ratio. (2) If a pharmacy employs an advanced pharmacy technician, the pharmacy shall, in addition to satisfying the requirements set forth in subdivision (1) of this subsection, not allow the advanced pharmacy technician to perform any final verification under subparagraph (A) of subdivision (1) of subsection (c) of this section unless such advanced pharmacy technician, in performing such final verification, uses a technology that includes images of each drug that such advanced pharmacy technician reviews in performing such final verification. The provisions of this subdivision shall not apply to an institutional pharmacy. (3) If an institutional pharmacy employs an advanced pharmacy technician, the institutional pharmacy shall, in addition to satisfying the requirements set forth in subdivision (1) of this subsection, not allow the advanced pharmacy technician to perform any final verification under subparagraph (A) of subdivision (1) of subsection (c) of this section unless such institutional pharmacy uses bar code scanning, or another technology or process approved by the department, at the point of administration to confirm accuracy in dispensing. (e) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. Such regulations shall, at a minimum, establish: (1) Requirements for performance of the competency assessment required under subparagraph (B) of subdivision (5) of subsection (b) of this section; (2) ratios of pharmacists to advanced pharmacy technicians; and (3) additional requirements concerning the duties of advanced pharmacy technicians.

Legislative History

(P.A. 24-73, S. 2.) History:(Revisor's note: In codifying this section, an incorrect reference in Subsec. (d)(3) to “subparagraph (A) of subdivision (2) of subsection (c)” was changed editorially by the Revisors to “subparagraph (A) of subdivision (1) of subsection (c)” for accuracy).