CHAPTER 19. REGULATION OF PHARMACY TECHNICIANS
IC 25-26-19
Chapter 19. Regulation of Pharmacy Technicians
IC 25-26-19-1
"Board"
Sec. 1. As used in this chapter, "board" refers to the Indiana boardof pharmacy established by IC 25-26-13-3.
As added by P.L.251-2003, SEC.3.
IC 25-26-19-2
"Pharmacy technician"
Sec. 2. As used in this chapter, "pharmacy technician" means anindividual who:
(1) works under the direct supervision of a pharmacist licensedunder this article; and
(2) performs duties to assist a pharmacist in activities that donot require the professional judgment of a pharmacist.
As added by P.L.251-2003, SEC.3.
IC 25-26-19-3
"Pharmacy technician in training"
Sec. 3. As used in this chapter, "pharmacy technician in training"means a person who is enrolled in a training program for pharmacytechnicians prescribed by the board.
As added by P.L.251-2003, SEC.3.
IC 25-26-19-4
Adoption of rules
Sec. 4. (a) The board may adopt rules under IC 4-22-2 to:
(1) implement and enforce this chapter;
(2) set fees under IC 25-1-8; and
(3) establish education and training requirements forcertification to practice as a pharmacy technician.
(b) The board shall:
(1) establish standards for the competent practice of pharmacytechnicians; and
(2) subject to IC 4-21.5, IC 25-1-7, and IC 25-1-9, conductproceedings on any matter under the jurisdiction of the board.
As added by P.L.251-2003, SEC.3.
IC 25-26-19-5
Qualification for pharmacy technician certificate
Sec. 5. (a) The board shall issue a pharmacy technician certificateto an individual who:
(1) applies to the board in the form and manner prescribed bythe board;
(2) is at least eighteen (18) years of age;
(3) has not been convicted of a crime that has a direct bearingupon the individual's ability to practice competently;
(4) is not in violation of this chapter or rules adopted by the
board under section 4 of this chapter;
(5) has paid the fee set by the board under section 4 of thischapter; and
(6) has completed a program of education and training approvedby the board or has passed a certification examination offeredby a nationally recognized certification body approved by theboard.
(b) For good cause, the board may waive the age requirementunder subsection (a)(2).
As added by P.L.251-2003, SEC.3.
IC 25-26-19-6
Qualification for pharmacy technician in training permit
Sec. 6. (a) The board shall issue a pharmacy technician in trainingpermit to an individual who:
(1) applies to the board in the form and manner prescribed bythe board;
(2) is at least eighteen (18) years of age;
(3) has not been convicted of a crime that has a direct bearingupon the individual's ability to practice competently;
(4) is not in violation of this chapter or rules adopted by theboard under section 4 of this chapter; and
(5) has applied for certification under section 5 of this chapter.
(b) An applicant:
(1) may work as a pharmacy technician in training without apermit for not more than thirty (30) consecutive days after theapplicant files an application under this section;
(2) shall provide the applicant's employer with a receipt issuedby the board that:
(A) provides the date an application under this section wasfiled; and
(B) indicates that the fee has been paid;
before the applicant may begin work as a pharmacy technicianin training; and
(3) may request an additional thirty (30) day period to practiceas a pharmacy technician in training without a permit. Theboard may approve a request under this subdivision if the boarddetermines that the extension is for good cause.
(c) A pharmacy technician in training permit expires on theearliest of the following:
(1) The date the permit holder is issued a pharmacy techniciancertificate under this chapter.
(2) The date the board disapproves the permit holder'sapplication for a pharmacy technician certificate under thischapter.
(3) The date the permit holder ceases to be enrolled in goodstanding in a pharmacy technician training program approvedby the board. The graduation of a permit holder from apharmacy technician program does not cause the permit toexpire under this subdivision. (4) Sixty (60) days after the date that the permit holdersuccessfully completes a program approved by the board.
(5) Twelve (12) months after the date of issuance.
(d) For good cause, the board may waive the age requirement insubsection (a)(2).
As added by P.L.251-2003, SEC.3.
IC 25-26-19-7
Expiration of pharmacy technician certificate; renewal fee;reinstatement of pharmacy technician certificate
Sec. 7. (a) A pharmacy technician certificate expires on a date setby the Indiana professional licensing agency in each even-numberedyear.
(b) An application for renewal of a pharmacy techniciancertificate must be accompanied by the appropriate fee.
(c) If a person fails to renew a pharmacy technician certificate, thecertificate may be reinstated by meeting the requirements underIC 25-1-8-6.
(d) The board may require a person who applies for a certificateunder subsection (c) to appear before the board and explain thereason why the person failed to renew a pharmacy techniciancertificate.
As added by P.L.251-2003, SEC.3. Amended by P.L.1-2006,SEC.466.
IC 25-26-19-8
Prohibited activities of a certified pharmacy technician
Sec. 8. A certified pharmacy technician may not perform thefollowing activities:
(1) Providing advice or consultation with the prescribingpractitioner or other licensed health care provider regarding thepatient or the interpretation and application of informationcontained in the prescription or drug order, medical record, orpatient profile.
(2) Providing advice or consultation with the patient regardingthe interpretation of the prescription or the application ofinformation contained in the patient profile or medical record.
(3) Dispensing prescription drug information to the patient.
(4) Final check on all aspects of the completed prescription andassumption of the responsibility for the filled prescription,including the appropriateness of the drug for the patient and theaccuracy of the:
(A) drug dispensed;
(B) strength of the drug dispensed; and
(C) labeling of the prescription.
(5) Receiving a new prescription drug order over the telephoneor electronically unless the original information is recorded soa pharmacist may review the prescription drug order astransmitted.
(6) Any activity required by law to be performed only by a
pharmacist.
(7) Any activity that requires the clinical judgment of apharmacist and is prohibited by a rule adopted by the board.
As added by P.L.251-2003, SEC.3.
IC 25-26-19-9
Specific violations
Sec. 9. (a) An individual may not practice as a pharmacytechnician unless the individual is certified under this chapter.
(b) An individual may not act as a pharmacy technician in trainingunless the individual has obtained a permit under this chapter or theindividual is acting as a pharmacy technician in training during theperiod permitted under section 6(b) of this chapter.
(c) An individual who knowingly violates this section commits aClass D felony.
As added by P.L.251-2003, SEC.3.
IC 25-26-19-10
Injunctions
Sec. 10. (a) If an individual violates this chapter, the attorneygeneral, the board, or the prosecuting attorney of the county in whichthe individual violates this chapter may maintain an action in thename of the state to enjoin the individual from continued violation ofthis chapter.
(b) An injunction issued under this section does not relieve anindividual person from criminal prosecution but is in addition to anyremedy provided under criminal law.
As added by P.L.251-2003, SEC.3.