State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_013

Pharmacy technician to register with board of pharmacy, fees,application, renewal--refusal to issue, when--employeedisqualification list maintained, use.

338.013. 1. Any person desiring to assist a pharmacist in thepractice of pharmacy as defined in this chapter shall apply to the board ofpharmacy for registration as a pharmacy technician. Such applicant shallbe, at a minimum, legal working age and shall forward to the board theappropriate fee and written application on a form provided by the board.Such registration shall be the sole authorization permitted to allowpersons to assist licensed pharmacists in the practice of pharmacy asdefined in this chapter.

2. The board may refuse to issue a certificate of registration as apharmacy technician to an applicant that has been adjudicated and foundguilty, or has entered a plea of guilty or nolo contendere, of a violationof any state, territory or federal drug law, or to any felony or hasviolated any provision of subsection 2 of section 338.055. Alternately,the board may issue such person a registration, but may authorize theperson to work as a pharmacy technician provided that person adheres tocertain terms and conditions imposed by the board. The board shall placeon the employment disqualification list the name of an applicant who theboard has refused to issue a certificate of registration as a pharmacytechnician, or the name of a person who the board has issued a certificateof registration as a pharmacy technician but has authorized to work undercertain terms and conditions. The board shall notify the applicant of theapplicant's right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.

3. If an applicant has submitted the required fee and an applicationfor registration to the board of pharmacy, the applicant for registrationas a pharmacy technician may assist a licensed pharmacist in the practiceof pharmacy as defined in this chapter. The applicant shall keep a copy ofthe submitted application on the premises where the applicant is employed.If the board refuses to issue a certificate of registration as a pharmacytechnician to an applicant, the applicant shall immediately cease assistinga licensed pharmacist in the practice of pharmacy.

4. A certificate of registration issued by the board shall beconspicuously displayed in the pharmacy or place of business where theregistrant is employed.

5. Every pharmacy technician who desires to continue to be registeredas provided in this section shall, within thirty days before theregistration expiration date, file an application for the renewal,accompanied by the fee prescribed by the board. The registration shalllapse and become null and void thirty days after the expiration date.

6. The board shall maintain an employment disqualification list. Noperson whose name appears on the employment disqualification list shallwork as a pharmacy technician, except as otherwise authorized by the board.The board may authorize a person whose name appears on the employmentdisqualification list to work or continue to work as a pharmacy technicianprovided the person adheres to certain terms and conditions imposed by theboard.

7. The board may place on the employment disqualification list thename of a pharmacy technician who has been adjudicated and found guilty, orhas entered a plea of guilty or nolo contendere, of a violation of anystate, territory or federal drug law, or to any felony or has violated anyprovision of subsection 2 of section 338.055.

8. After an investigation and a determination has been made to placea person's name on the employment disqualification list, the board shallnotify such person in writing mailed to the person's last known address:

(1) That an allegation has been made against the person, thesubstance of the allegation and that an investigation has been conductedwhich tends to substantiate the allegation;

(2) That such person's name has been added in the employmentdisqualification list of the board;

(3) The consequences to the person of being listed and the length oftime the person's name will be on the list; and

(4) The person's right to file a complaint with the administrativehearing commission as provided in chapter 621, RSMo.

9. The length of time a person's name shall remain on thedisqualification list shall be determined by the board.

10. No hospital or licensed pharmacy shall knowingly employ anyperson whose name appears on the employee disqualification list, exceptthat a hospital or licensed pharmacy may employ a person whose name appearson the employment disqualification list but the board has authorized towork under certain terms and conditions. Any hospital or licensed pharmacyshall report to the board any final disciplinary action taken against apharmacy technician or the voluntary resignation of a pharmacy technicianagainst whom any complaints or reports have been made which might have ledto final disciplinary action that can be a cause of action for disciplineby the board as provided for in subsection 2 of section 338.055.Compliance with the foregoing sentence may be interposed as an affirmativedefense by the employer. Any hospital or licensed pharmacy which reportsto the board in good faith shall not be liable for civil damages.

(L. 1997 S.B. 141, A.L. 2004 S.B. 1122, A.L. 2009 S.B. 296)

State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_013

Pharmacy technician to register with board of pharmacy, fees,application, renewal--refusal to issue, when--employeedisqualification list maintained, use.

338.013. 1. Any person desiring to assist a pharmacist in thepractice of pharmacy as defined in this chapter shall apply to the board ofpharmacy for registration as a pharmacy technician. Such applicant shallbe, at a minimum, legal working age and shall forward to the board theappropriate fee and written application on a form provided by the board.Such registration shall be the sole authorization permitted to allowpersons to assist licensed pharmacists in the practice of pharmacy asdefined in this chapter.

2. The board may refuse to issue a certificate of registration as apharmacy technician to an applicant that has been adjudicated and foundguilty, or has entered a plea of guilty or nolo contendere, of a violationof any state, territory or federal drug law, or to any felony or hasviolated any provision of subsection 2 of section 338.055. Alternately,the board may issue such person a registration, but may authorize theperson to work as a pharmacy technician provided that person adheres tocertain terms and conditions imposed by the board. The board shall placeon the employment disqualification list the name of an applicant who theboard has refused to issue a certificate of registration as a pharmacytechnician, or the name of a person who the board has issued a certificateof registration as a pharmacy technician but has authorized to work undercertain terms and conditions. The board shall notify the applicant of theapplicant's right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.

3. If an applicant has submitted the required fee and an applicationfor registration to the board of pharmacy, the applicant for registrationas a pharmacy technician may assist a licensed pharmacist in the practiceof pharmacy as defined in this chapter. The applicant shall keep a copy ofthe submitted application on the premises where the applicant is employed.If the board refuses to issue a certificate of registration as a pharmacytechnician to an applicant, the applicant shall immediately cease assistinga licensed pharmacist in the practice of pharmacy.

4. A certificate of registration issued by the board shall beconspicuously displayed in the pharmacy or place of business where theregistrant is employed.

5. Every pharmacy technician who desires to continue to be registeredas provided in this section shall, within thirty days before theregistration expiration date, file an application for the renewal,accompanied by the fee prescribed by the board. The registration shalllapse and become null and void thirty days after the expiration date.

6. The board shall maintain an employment disqualification list. Noperson whose name appears on the employment disqualification list shallwork as a pharmacy technician, except as otherwise authorized by the board.The board may authorize a person whose name appears on the employmentdisqualification list to work or continue to work as a pharmacy technicianprovided the person adheres to certain terms and conditions imposed by theboard.

7. The board may place on the employment disqualification list thename of a pharmacy technician who has been adjudicated and found guilty, orhas entered a plea of guilty or nolo contendere, of a violation of anystate, territory or federal drug law, or to any felony or has violated anyprovision of subsection 2 of section 338.055.

8. After an investigation and a determination has been made to placea person's name on the employment disqualification list, the board shallnotify such person in writing mailed to the person's last known address:

(1) That an allegation has been made against the person, thesubstance of the allegation and that an investigation has been conductedwhich tends to substantiate the allegation;

(2) That such person's name has been added in the employmentdisqualification list of the board;

(3) The consequences to the person of being listed and the length oftime the person's name will be on the list; and

(4) The person's right to file a complaint with the administrativehearing commission as provided in chapter 621, RSMo.

9. The length of time a person's name shall remain on thedisqualification list shall be determined by the board.

10. No hospital or licensed pharmacy shall knowingly employ anyperson whose name appears on the employee disqualification list, exceptthat a hospital or licensed pharmacy may employ a person whose name appearson the employment disqualification list but the board has authorized towork under certain terms and conditions. Any hospital or licensed pharmacyshall report to the board any final disciplinary action taken against apharmacy technician or the voluntary resignation of a pharmacy technicianagainst whom any complaints or reports have been made which might have ledto final disciplinary action that can be a cause of action for disciplineby the board as provided for in subsection 2 of section 338.055.Compliance with the foregoing sentence may be interposed as an affirmativedefense by the employer. Any hospital or licensed pharmacy which reportsto the board in good faith shall not be liable for civil damages.

(L. 1997 S.B. 141, A.L. 2004 S.B. 1122, A.L. 2009 S.B. 296)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T22 > C338 > 338_013

Pharmacy technician to register with board of pharmacy, fees,application, renewal--refusal to issue, when--employeedisqualification list maintained, use.

338.013. 1. Any person desiring to assist a pharmacist in thepractice of pharmacy as defined in this chapter shall apply to the board ofpharmacy for registration as a pharmacy technician. Such applicant shallbe, at a minimum, legal working age and shall forward to the board theappropriate fee and written application on a form provided by the board.Such registration shall be the sole authorization permitted to allowpersons to assist licensed pharmacists in the practice of pharmacy asdefined in this chapter.

2. The board may refuse to issue a certificate of registration as apharmacy technician to an applicant that has been adjudicated and foundguilty, or has entered a plea of guilty or nolo contendere, of a violationof any state, territory or federal drug law, or to any felony or hasviolated any provision of subsection 2 of section 338.055. Alternately,the board may issue such person a registration, but may authorize theperson to work as a pharmacy technician provided that person adheres tocertain terms and conditions imposed by the board. The board shall placeon the employment disqualification list the name of an applicant who theboard has refused to issue a certificate of registration as a pharmacytechnician, or the name of a person who the board has issued a certificateof registration as a pharmacy technician but has authorized to work undercertain terms and conditions. The board shall notify the applicant of theapplicant's right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.

3. If an applicant has submitted the required fee and an applicationfor registration to the board of pharmacy, the applicant for registrationas a pharmacy technician may assist a licensed pharmacist in the practiceof pharmacy as defined in this chapter. The applicant shall keep a copy ofthe submitted application on the premises where the applicant is employed.If the board refuses to issue a certificate of registration as a pharmacytechnician to an applicant, the applicant shall immediately cease assistinga licensed pharmacist in the practice of pharmacy.

4. A certificate of registration issued by the board shall beconspicuously displayed in the pharmacy or place of business where theregistrant is employed.

5. Every pharmacy technician who desires to continue to be registeredas provided in this section shall, within thirty days before theregistration expiration date, file an application for the renewal,accompanied by the fee prescribed by the board. The registration shalllapse and become null and void thirty days after the expiration date.

6. The board shall maintain an employment disqualification list. Noperson whose name appears on the employment disqualification list shallwork as a pharmacy technician, except as otherwise authorized by the board.The board may authorize a person whose name appears on the employmentdisqualification list to work or continue to work as a pharmacy technicianprovided the person adheres to certain terms and conditions imposed by theboard.

7. The board may place on the employment disqualification list thename of a pharmacy technician who has been adjudicated and found guilty, orhas entered a plea of guilty or nolo contendere, of a violation of anystate, territory or federal drug law, or to any felony or has violated anyprovision of subsection 2 of section 338.055.

8. After an investigation and a determination has been made to placea person's name on the employment disqualification list, the board shallnotify such person in writing mailed to the person's last known address:

(1) That an allegation has been made against the person, thesubstance of the allegation and that an investigation has been conductedwhich tends to substantiate the allegation;

(2) That such person's name has been added in the employmentdisqualification list of the board;

(3) The consequences to the person of being listed and the length oftime the person's name will be on the list; and

(4) The person's right to file a complaint with the administrativehearing commission as provided in chapter 621, RSMo.

9. The length of time a person's name shall remain on thedisqualification list shall be determined by the board.

10. No hospital or licensed pharmacy shall knowingly employ anyperson whose name appears on the employee disqualification list, exceptthat a hospital or licensed pharmacy may employ a person whose name appearson the employment disqualification list but the board has authorized towork under certain terms and conditions. Any hospital or licensed pharmacyshall report to the board any final disciplinary action taken against apharmacy technician or the voluntary resignation of a pharmacy technicianagainst whom any complaints or reports have been made which might have ledto final disciplinary action that can be a cause of action for disciplineby the board as provided for in subsection 2 of section 338.055.Compliance with the foregoing sentence may be interposed as an affirmativedefense by the employer. Any hospital or licensed pharmacy which reportsto the board in good faith shall not be liable for civil damages.

(L. 1997 S.B. 141, A.L. 2004 S.B. 1122, A.L. 2009 S.B. 296)