CHAPTER 568. PHARMACY TECHNICIANS

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 568. PHARMACY TECHNICIANS

Sec. 568.001. RULES RELATING TO PHARMACY TECHNICIANS. (a) In

establishing rules under Section 554.053(c), the board shall

require that a pharmacy technician:

(1) have a high school diploma or a high school equivalency

certificate or be working to achieve an equivalent diploma or

certificate; and

(2) have passed a board-approved pharmacy technician

certification examination.

(b) The board shall adopt rules that permit a pharmacy

technician to perform only nonjudgmental technical duties under

the direct supervision of a pharmacist.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.

Sept. 1, 2001.

Sec. 568.002. PHARMACY TECHNICIAN REGISTRATION REQUIRED. (a) A

pharmacy technician must register with the board annually or

biennially, as determined by board rule, on a form prescribed by

the board.

(b) The board may allow a technician to petition the board for a

special exemption from the technician certification requirement

if the technician:

(1) is in a county with a population of less than 50,000; or

(2) on September 1, 2001, has been employed as a pharmacy

technician in this state for at least 10 years and the

technician's employer approves the petition.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.

Sept. 1, 2001.

Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION. (a) The board

may take disciplinary action under Section 568.0035 if the board

determines that the applicant or registrant has:

(1) violated this subtitle or a rule adopted under this

subtitle;

(2) engaged in gross immorality, as that term is defined by the

rules of the board;

(3) engaged in any fraud, deceit, or misrepresentation, as those

terms are defined by the rules of the board, in seeking a

registration to act as a pharmacy technician;

(4) been convicted of or placed on deferred adjudication

community supervision or deferred disposition or the applicable

federal equivalent for:

(A) a misdemeanor:

(i) involving moral turpitude; or

(ii) under Chapter 481 or 483, Health and Safety Code, or the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. Section 801 et seq.); or

(B) a felony;

(5) developed an incapacity that prevents the applicant or

registrant from practicing as a pharmacy technician or pharmacy

technician trainee with reasonable skill, competence, and safety

to the public;

(6) violated:

(A) Chapter 481 or 483, Health and Safety Code, or rules

relating to those chapters;

(B) Sections 485.031-485.035, Health and Safety Code; or

(C) a rule adopted under Section 485.011, Health and Safety

Code;

(7) violated the pharmacy or drug laws or rules of this state,

another state, or the United States;

(8) performed duties in a pharmacy that only a pharmacist may

perform, as defined by the rules of the board;

(9) used alcohol or drugs in an intemperate manner that, in the

board's opinion, could endanger a patient's life;

(10) engaged in negligent, unreasonable, or inappropriate

conduct when working in a pharmacy;

(11) violated a disciplinary order;

(12) been convicted or adjudicated of a criminal offense that

requires registration as a sex offender under Chapter 62, Code of

Criminal Procedure; or

(13) been disciplined by a pharmacy or other health regulatory

board of this state or another state for conduct substantially

equivalent to conduct described by this subsection.

(b) A certified copy of the record of a state taking action

described by Subsection (a)(13) is conclusive evidence of the

action taken by the state.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 33, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

837, Sec. 1, eff. June 19, 2009.

Sec. 568.0035. DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE. (a)

On a determination that a ground for discipline exists under

Section 568.003, the board may:

(1) suspend the person's registration;

(2) revoke the person's registration;

(3) restrict the person's registration to prohibit the person

from performing certain acts or from practicing as a pharmacy

technician in a particular manner for a term and under conditions

determined by the board;

(4) impose an administrative penalty under Chapter 566;

(5) refuse to issue or renew the person's registration;

(6) place the offender's registration on probation and

supervision by the board for a period determined by the board and

impose a requirement that the registrant:

(A) report regularly to the board on matters that are the basis

of the probation;

(B) limit practice to the areas prescribed by the board;

(C) continue or review professional education until the

registrant attains a degree of skill satisfactory to the board in

each area that is the basis of the probation; or

(D) pay the board a probation fee to defray the costs of

monitoring the registrant during the period of probation;

(7) reprimand the person;

(8) retire the person's registration as provided by board rule;

or

(9) impose more than one of the sanctions listed in this

section.

(b) A disciplinary action affecting the registration of a

pharmacy technician trainee remains in effect if the trainee

obtains registration as a pharmacy technician.

Added by Acts 2005, 79th Leg., Ch.

1345, Sec. 34, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

837, Sec. 2, eff. June 19, 2009.

Sec. 568.0036. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.

(a) This section applies to a pharmacy technician, pharmacy

technician applicant, pharmacy technician trainee, or pharmacy

technician trainee applicant.

(b) In enforcing Section 568.003(a)(5), the board, on probable

cause, may request a person subject to this section to submit to

a mental or physical examination by a physician or other health

care professional designated by the board.

(c) If the person refuses to submit to the examination, the

board shall:

(1) issue an order requiring the person to show cause why the

person will not submit to the examination; and

(2) schedule a hearing on the order not later than the 30th day

after the date notice of the order is served on the person under

Subsection (d).

(d) The person shall be notified by either personal service or

certified mail, return receipt requested.

(e) At the hearing, the person and the person's counsel may

present testimony or other evidence to show why the person should

not be required to submit to the examination.

(f) After the hearing, the board shall, by order:

(1) require the person to submit to the examination; or

(2) withdraw the request for examination.

Added by Acts 2009, 81st Leg., R.S., Ch.

837, Sec. 3, eff. June 19, 2009.

Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt a

system in which the registrations of pharmacy technicians expire

on various dates during the year.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.

Sept. 1, 2001.

Sec. 568.005. FEES. The board may adopt fees as necessary for

the registration of pharmacy technicians.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.

Sept. 1, 2001.

Sec. 568.006. RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS. The

ratio of pharmacists to pharmacy technicians in a Class A

pharmacy must be at least one pharmacist for every five pharmacy

technicians if the Class A pharmacy dispenses not more than 20

different prescription drugs and does not produce intravenous or

intramuscular drugs on-site.

Added by Acts 2003, 78th Leg., ch. 1198, Sec. 1, eff. Sept. 1,

2003.

Sec. 568.007. REGISTRATION OF PHARMACY TECHNICIAN TRAINEE. (a)

A person must register with the board before beginning work in a

pharmacy in this state as a pharmacy technician trainee.

(b) An application for registration as a pharmacy technician

trainee must be on a form prescribed by the board.

(c) A person's registration as a pharmacy technician trainee

remains in effect as long as the person meets the qualifications

specified by board rule.

(d) The board may, on a determination that a ground for

discipline exists under Section 568.003, take disciplinary action

against a pharmacy technician trainee under Section 568.0035.

Added by Acts 2005, 79th Leg., Ch.

1345, Sec. 35, eff. September 1, 2005.

Sec. 568.008. TECHNICIANS IN HOSPITALS WITH CLINICAL PHARMACY

PROGRAM. (a) In this section, "clinical pharmacy program" means a

program that provides pharmaceutical care services as specified

by board rule.

(b) A Class C pharmacy that has an ongoing clinical pharmacy

program may allow a pharmacy technician to verify the accuracy of

work performed by another pharmacy technician relating to the

filling of floor stock and unit dose distribution systems for a

patient admitted to the hospital if the patient's orders have

previously been reviewed and approved by a pharmacist.

(c) The pharmacist-in-charge of the clinical pharmacy program

shall adopt policies and procedures for the verification process

authorized by this section.

(d) A hospital must notify the board before implementing the

verification process authorized by this section.

(e) The board shall adopt rules to implement this section,

including rules specifying:

(1) the duties that may be verified by another pharmacy

technician;

(2) the records that must be maintained for the verification

process; and

(3) the training requirements for pharmacy technicians who

verify the accuracy of the work of other pharmacy technicians.

Added by Acts 2009, 81st Leg., R.S., Ch.

1128, Sec. 2, eff. June 19, 2009.