Substitute Senate Bill No. 349
Substitute Senate Bill No. 349
PUBLIC ACT NO. 98-31
AN ACT CONCERNING PHARMACY TECHNICIANS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) No person shall act as a
pharmacy technician unless registered with the
Department of Consumer Protection.
(b) The department shall, upon authorization
of the Commission of Pharmacy, register as a
pharmacy technician any person who presents
evidence satisfactory to the department that such
person is qualified to perform, under the direct
supervision of a pharmacist, routine functions in
the dispensing of drugs that do not require the
use of professional judgment. The qualifications
for registration as a pharmacy technician under
this section shall be in accordance with (1) the
standards of an institutional pharmacy, a
care-giving institution or a correctional or
juvenile training institution, in the case of
employment in any such pharmacy or institution, or
(2) the standards established by regulation
adopted by the Commissioner of Consumer Protection
in accordance with chapter 54 of the general
statutes, in the case of employment in a pharmacy.
As used in this subsection, "direct supervision"
means a supervising pharmacist (A) is physically
present in the area or location where the pharmacy
technician is performing routine drug dispensing
functions and (B) conducts in-process and final
checks on the pharmacy technician's performance.
(c) The fee required by section 20-601 of the
general statutes, as amended by section 6 of this
act, shall accompany an application for
registration under this section. A registration as
a pharmacy technician shall be valid for one year
and may be renewed upon application and payment of
the fee required by section 20-601 of the general
statutes, as amended by section 6 of this act.
Sec. 2. Subdivision (20) of section 20-571 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(20) "Pharmacy technician" means an
individual who is REGISTERED WITH THE DEPARTMENT
AND qualified [according to the standards of an
institutional pharmacy, a care-giving institution
or a correctional or juvenile training
institution, or, in the case of a pharmacy, by
standards established by regulations adopted by
the Department of Consumer Protection, to perform,
under the direct supervision of a pharmacist,
routine functions in the dispensing of drugs which
do not require the use of professional judgment.
As used in this subdivision, "direct supervision",
means a supervising pharmacist is physically
present in the area or location where the pharmacy
technician is performing his functions and
conducts in-process and final checks on said
technician's performance] IN ACCORDANCE WITH
SECTION 1 OF THIS ACT.
Sec. 3. Section 20-576 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Consumer Protection
may, with the advice and assistance of the
Commission of Pharmacy, adopt regulations in
accordance with chapter 54 to govern the
performance of the commission's duties, the
practice of pharmacy and the business of retailing
drugs and devices. Such regulations may include,
but are not limited to, provisions (1) concerning
the licensing of any pharmacist or pharmacy,
disciplinary action that may be taken against a
licensee, the conduct of a pharmacist and the
operation of a pharmacy, (2) specifying various
classes of pharmacy licenses issued under section
20-594, including, but not limited to, licenses
for infusion therapy pharmacies and nuclear
pharmacies and specifying requirements for
operation of pharmacies under the classes of
pharmacy licenses permitted under the regulations,
(3) concerning creation and maintenance of
prescription records, and (4) concerning
registration and activities of pharmacy interns
AND PHARMACY TECHNICIANS.
(b) The Commissioner of Consumer Protection
shall, with the advice and assistance of the
Commission of Pharmacy, adopt regulations
governing (1) the storage and retrieval of
prescription information for noncontrolled
substances, including refills, by pharmacists
through the use of electronic data processing
systems or other systems for the efficient storage
and retrieval of information, (2) the operation of
institutional pharmacies pursuant to chapters 368a
and 418, sections 17a-210 to 17a-273, inclusive,
and 19a-490 to 19a-520, inclusive, and sections
20-570 to 20-625, inclusive, and (3) the
activities of pharmacy technicians in pharmacies
and institutional pharmacies, including ratios of
pharmacy technicians to pharmacists in pharmacies
and institutional pharmacies.
Sec. 4. Section 20-579 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commission of Pharmacy may refuse to
authorize the issuance or renewal of a license to
practice pharmacy, [or] a license to operate a
pharmacy OR A REGISTRATION OF A PHARMACY INTERN OR
PHARMACY TECHNICIAN, and may revoke or suspend a
license to practice pharmacy, a license to operate
a pharmacy, OR a registration of a pharmacy intern
OR A PHARMACY TECHNICIAN, or take other action
permitted in subdivision (7) of section 21a-7 if
the applicant [,] OR holder of the license or
[intern] REGISTRATION: (1) Has violated a statute
or regulation relating to drugs, devices or the
practice of pharmacy of this state, any state of
the United States, the United States, the District
of Columbia, the Commonwealth of Puerto Rico, any
territory or insular possession subject to the
jurisdiction of the United States or a foreign
jurisdiction; (2) has been convicted of violating
any criminal statute relating to drugs, devices or
the practice of pharmacy of this state, any state
of the United States, the United States, the
District of Columbia, the Commonwealth of Puerto
Rico, any territory or insular possession subject
to the jurisdiction of the United States or a
foreign jurisdiction; (3) has been disciplined by,
or is the subject of pending disciplinary action
or an unresolved complaint before, the duly
authorized pharmacy disciplinary agency of any
state of the United States, the United States, the
District of Columbia, the Commonwealth of Puerto
Rico, any territory or insular possession subject
to the jurisdiction of the United States or a
foreign jurisdiction; (4) has been refused a
license or registration or renewal of a license or
registration by any state of the United States,
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, any territory or
insular possession subject to the jurisdiction of
the United States or a foreign jurisdiction based
on grounds that are similar to grounds on which
Connecticut could refuse to issue or renew such a
license or registration; (5) has illegally
possessed, diverted, sold or dispensed drugs or
devices; (6) abuses or excessively uses drugs,
including alcohol; (7) has made false, misleading
or deceptive representations to the public or
commission; (8) has maintained exclusive telephone
lines to, has maintained exclusive electronic
communication with, or has exclusive access to
computers located in offices of prescribing
practitioners, nursing homes, clinics, hospitals
or other health care facilities; (9) has
substituted drugs or devices except as permitted
in section 20-619; (10) has accepted, for return
to regular stock, any drug already dispensed in
good faith or delivered from a pharmacy, and
exposed to possible and uncontrolled contamination
or substitution; (11) has split fees for
professional services, including a discount or
rebate, with a prescribing practitioner or an
administrator or owner of a nursing home, hospital
or other health care facility; (12) has entered
into an agreement with a prescribing practitioner
or an administrator or owner of a nursing home,
hospital or other health care facility for the
compounding or dispensing of secret formula or
coded prescriptions; (13) has performed or been a
party to a fraudulent or deceitful practice or
transaction; (14) has presented to the commission
a diploma, license or certificate illegally or
fraudulently obtained, or obtained from a college
or school of pharmacy not approved by the
Commission of Pharmacy; (15) has performed
incompetent or negligent work; (16) has falsified
a continuing education document submitted to the
commission or department or a certificate retained
in accordance with the provisions of subsection
(d) of section 20-600; (17) has permitted a person
not licensed to practice pharmacy in this state to
practice pharmacy in violation of section 20-605,
to use a pharmacist license or pharmacy display
document in violation of section 20-608, or to use
words, displays or symbols in violation of section
20-609; or (18) has failed to maintain the entire
pharmacy premises, its components and contents in
a clean, orderly and sanitary condition.
(b) The Commission of Pharmacy may refuse to
authorize the issuance or renewal of a license to
practice pharmacy, [or] a license to operate a
pharmacy OR A REGISTRATION OF A PHARMACY INTERN OR
PHARMACY TECHNICIAN, and may revoke or suspend a
license to practice pharmacy, a license to operate
a pharmacy, OR a registration of a pharmacy intern
OR A PHARMACY TECHNICIAN, or take other action
permitted in subdivision (7) of section 21a-7 if
the commission determines that the applicant [,
license holder or intern] OR HOLDER OF THE LICENSE
OR REGISTRATION has a condition including, but not
limited to, physical illness or loss of skill or
deterioration due to the aging process, emotional
disorder or mental illness, abuse or excessive use
of drugs or alcohol that would interfere with the
practice of pharmacy, operation of a pharmacy or
activities as a pharmacy intern OR PHARMACY
TECHNICIAN, provided the commission may not, in
taking action against a license OR REGISTRATION
holder [or intern] on the basis of such a
condition, violate the provisions of section
46a-73 or 42 USC Section 12132 of the federal
Americans with Disabilities Act.
Sec. 5. Section 20-583 of the general
statutes is repealed and the following is
substituted in lieu thereof:
An appeal of a decision by the commission to
discipline a person licensed to practice pharmacy
or registered as a pharmacy intern OR PHARMACY
TECHNICIAN, to refuse a person's application for a
license to practice pharmacy or to refuse to
register a person as a pharmacy intern OR PHARMACY
TECHNICIAN shall be made returnable to the
judicial district in which the person resides or,
if the person does not reside in Connecticut, to
the judicial district of Hartford-New Britain*. An
appeal of a decision by the commission to
discipline the holder of a pharmacy license or the
holder of a permit to sell nonlegend drugs or to
refuse a person's application for such a license
or permit appeal shall be made returnable to the
judicial district in which the building or store
is located, for which the license or permit was
sought or in which it was suspended or revoked.
All appeals under the provisions of this section
shall be treated as privileged and shall be
assigned for trial and tried as soon as may be
practicable.
Sec. 6. Section 20-601 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Consumer Protection shall
collect the following nonrefundable fees:
(1) The fee for issuance of a pharmacist
license shall be one hundred dollars, payable at
the date of application for the license.
(2) The fee for applying to take the
pharmacist license examination required in section
20-590 and in section 20-591 shall be one hundred
fifty dollars, payable at the date of application
for the pharmacist license.
(3) The fee for renewal of a pharmacist
license shall be the professional services fee for
class A, as defined in section 33-182l. Before the
commission grants a license to an applicant who
has not held a license authorized by the
commission within five years of the date of
application, the applicant shall pay the fees
required in subdivisions (1) and (2) of this
section.
(4) The fee for issuance of a pharmacy
license shall be six hundred dollars.
(5) The fee for renewal of a pharmacy license
shall be one hundred fifty dollars.
(6) The late fee for an application for
renewal of a license to practice pharmacy, a
pharmacy license or a permit to sell nonlegend
drugs shall be the amount set forth in section
21a-4.
(7) The fee for notice of a change in
officers or directors of a corporation holding a
pharmacy license shall be thirty dollars for each
pharmacy license held. A late fee for failing to
give such notice within ten days of the change
shall be twenty-five dollars in addition to the
fee for notice.
(8) The fee for filing notice of a change in
name, ownership or management of a pharmacy shall
be forty-five dollars. A late fee for failing to
give such notice within ten days of the change
shall be twenty-five dollars in addition to the
fee for notice.
(9) The fee for application for registration
as a pharmacy intern shall be thirty dollars.
(10) The fee for application for a permit to
sell nonlegend drugs shall be seventy dollars.
(11) The fee for renewal of a permit to sell
nonlegend drugs shall be fifty dollars.
(12) The late fee for failing to notify the
commission of a change of ownership, name or
location of the premises of a permit to sell
nonlegend drugs within five days of the change
shall be ten dollars.
(13) THE FEE FOR APPLICATION FOR REGISTRATION
AS A PHARMACY TECHNICIAN SHALL BE FIFTY DOLLARS.
(14) THE FEE FOR RENEWAL OF A REGISTRATION AS
A PHARMACY TECHNICIAN SHALL BE TWENTY-FIVE
DOLLARS.
Sec. 7. Section 20-607 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each person practicing as a pharmacist,
PHARMACY INTERN OR PHARMACY TECHNICIAN shall at
all times have available for inspection by an
inspector of the Department of Consumer Protection
a current certificate of license to practice
pharmacy OR A CURRENT REGISTRATION TO ACT AS A
PHARMACY INTERN OR PHARMACY TECHNICIAN.
Approved May 19, 1998