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the general statutes is repealed and the following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