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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
pharmacy technician trainees; pharmacists; compounding
Purpose
Removes, effective July 1, 2023, the licensure requirement of pharmacy technician trainees and requires pharmacy technician trainee applicants to register with the Board of Pharmacy (Board). Removes outlined acts from the definition of unethical conduct in the practice of pharmacy. Outlines requirements of a remote hospital-site pharmacy permittee.
Background
The duties of the Board include: 1) establishing bylaws and adopting rules necessary to protect the public regarding the practice of pharmacy, including the training and use of pharmacy technicians and support personnel and the lawful performance of its duties; 2) examining and licensing all qualified applicants as pharmacists and pharmacy interns; and 3) requiring each applicant for an initial license to apply for a fingerprint clearance card (A.R.S. § 32-1904).
A pharmacy
technician trainee licensure applicant must: 1) be of good moral character;
2) be at least 18 years of age; 3) have a high school diploma or the equivalent
of a high school diploma; and 4) submit a Board-prescribed fee, that does not
exceed $100, with the application (A.R.S. §§ 32-1923.01
and 32-1924).
A pharmacy technician trainee must be under the supervision of a pharmacist and may assist a graduate intern, pharmacy intern or pharmacist with various tasks including: 1) entering and recording outlined prescription medication information; 2) initiating or accepting refill authorization; and 3) under pharmacist supervision and verification, preparing and prepackaging drugs and typing and affixing a prescription medication label (A.A.C. R4-23-1104).
Unethical conduct, in the practice of pharmacy, includes: 1) committing a felony, whether or not involving moral turpitude; 2) committing a misdemeanor involving moral turpitude or any drug-related offense; 3) violating a federal or state law or administrative rule relating to the manufacture, sale or distribution of drugs, devices, poisons, hazardous substances or precursor chemicals; 4) failing to report any evidence that a pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee, permittee or permittee's employee is or may be guilty of unethical conduct, violating pharmacy practice rule or may be mentally or physically unable to safely engage in required employment duties (A.R.S. § 32-1901.01).
A satellite facility is an outpatient facility at which the hospital provides outpatient medical services (A.R.S. § 36-422).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Pharmacy Technician Trainee Registration (Effective July 1, 2023)
1. Removes the licensure requirement of a pharmacy technician trainee.
2. Requires a pharmacy technician trainee applicant to register with the Board via an online application.
3. Allows a pharmacy technician trainee applicant, after registering, to apply for a pharmacy technician license within 36 months.
4. Removes the requirement that a pharmacy technician trainee applicant have a high school diploma or diploma equivalent.
5. Decreases, from $100 to $25, the maximum pharmacy technician trainee application fee.
Remote Hospital-Site Pharmacy Permittee
6. Removes and replaces statutory references to a pharmacy operating in connection with a hospital with remote hospital-site pharmacies.
7. Requires a remote hospital-site pharmacy permittee to:
a) comply with applicable federal law;
b) develop and maintain a policy and procedures manual and make the manual available to the Board or its agent on request;
c) maintain a perpetual inventory of controlled substances;
d) ensure that there is continuous video surveillance of the remote hospital-site pharmacy and maintain recorded videos for at least 60 days; and
e) ensure that the pharmacist in charge from the pharmacy located in the hospital reconciles the inventory of controlled substances on a monthly basis.
8. Requires a remote hospital-site pharmacy permittee to ensure that:
a) the remote hospital-site pharmacy is supervised by a pharmacist who is located in Arizona and who is employed by the hospital;
b) the remote hospital-site pharmacy displays a sign visible to the public identifying the pharmacy as a remote hospital-site pharmacy with a warning that the remote hospital-site pharmacy is under continuous video surveillance that is recorded and retained;
c) the remote hospital-site pharmacy uses an electronic recordkeeping system that is shared with and accessible by the pharmacy located in the hospital;
d) all drugs and devices furnished from the remote hospital-site pharmacy to patients of the satellite facility are verified by a pharmacist who is licensed in Arizona and who is employed by the hospital;
e) the pharmacist in charge develops and implements procedures regarding obtaining, storing and dispensing drugs for inpatient administration and devices and recordkeeping requirements; and
f) if a noncontrolled substance single-patient use multidose medication was dispensed to a patient in a container for inpatient administration, the remote hospital-site pharmacy dispenses that medication for the patient on discharge, if needed.
9. Allows, if a satellite facility is a hospital emergency department, a professional nurse, nurse practitioner, osteopathic or medical physician or physician assistant to obtain necessary drugs and devices, in the absence of a pharmacist and in accordance with hospital policy, for patients in need of emergency care.
10. Allows a pharmacist to engage simultaneously in the practice of pharmacy at a reasonable number of remote hospital-site pharmacies, as determined and approved by the hospital.
11. Allows the Board to adopt additional rules that are necessary to implement remote hospital-site pharmacy permittee requirements.
12. Defines a remote hospital-site pharmacy as a pharmacy located in a satellite facility that operates under the license issued by DHS to the hospital of which it is a satellite.
Miscellaneous
13. Removes from the definition of unethical conduct failing to report, in writing to the Board, any evidence that:
b) appears that a permittee or permittee's employee is or may be guilty of unethical conduct, violating pharmacy practice rule or may be mentally or physically unable safely to engage in employment duties related to manufacturing, selling, distributing or dispensing drugs, devices, poisons, hazardous substances, controlled substances or precursor chemicals.
14. Modifies the definition of pharmacy.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by Committee
1. Removes the requirement that a pharmacy technician applicant be of good moral character.
2. Removes the pharmacist authority to distribute drugs to veterinarians.
Amendments Adopted by the House of Representatives
1. Allows, rather than requires, a pharmacy technician trainee applicant, after registering, to apply for a pharmacy technician license within 36 months.
2. Delays the effective date of pharmacy technician trainee registration requirements.
3. Removes statutes relating to a pharmacy operating in connection with a hospital.
4. Establishes and outlines remote hospital-site pharmacy permittee requirements.
5. Allows a pharmacist to engage simultaneously in the practice of pharmacy at a reasonable number of remote hospital-site pharmacies as determined and approved by the hospital.
6. Allows the Board to adopt additional rules that are necessary to implement remote hospital-site pharmacy permittee requirements.
7. Modifies the definition of pharmacy.
8. Defines a remote hospital-site pharmacy and a satellite facility.
9. Makes technical and conforming changes.
Senate Action House Action
HHS 2/16/22 DPA 4-3-1 HHS 3/21/22 DPA 9-0-0-0
3rd Read 2/24/22 16-12-2 3rd Read 6/22/22 55-3-2
Prepared by Senate Research
June 22, 2022
MM/MC/sr