2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 26. PHARMACISTS, PHARMACIES, DRUG STORES CHAPTER 19. REGULATION OF PHARMACY TECHNICIANS
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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 board
of 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 an
individual who:
(1) works under the direct supervision of a pharmacist licensed
under this article; and
(2) performs duties to assist a pharmacist in activities that do not
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 pharmacy
technicians 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 for licensure
to practice as a pharmacy technician.
(b) The board shall:
(1) establish standards for the competent practice of pharmacy
technicians; and
(2) subject to IC 4-21.5, IC 25-1-7, and IC 25-1-9, conduct
proceedings on any matter under the jurisdiction of the board.
As added by P.L.251-2003, SEC.3. Amended by P.L.58-2014,
SEC.11.
IC 25-26-19-5
Pharmacy technician license requirements; waiver of age
requirement; grandfathering; training program approval
Sec. 5. (a) The board shall issue a pharmacy technician license to
an individual who:
(1) applies to the board in the form and manner prescribed by
the board;
(2) is at least eighteen (18) years of age;
(3) has:
(A) graduated from high school; or
(B) received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma
under IC 20-20-6 (before its repeal) or IC 22-4.1-18;
(4) has not been convicted of:
(A) a crime that has a direct bearing upon the individual's
ability to practice competently; or
(B) a felony involving controlled substances;
(5) is not in violation of this chapter or rules adopted by the
board under section 4 of this chapter;
(6) has paid the fee set by the board under section 4 of this
chapter;
(7) has:
(A) graduated from a competency based pharmacy technician
education and training program approved by the board;
(B) completed an employer provided training program that:
(i) beginning July 1, 2015, uses training requirements and
minimum standards developed by the board;
(ii) has been approved by the board; and
(iii) includes specific training in the duties required to
assist the pharmacist in the technical functions associated
with the practice of pharmacy; or
(C) successfully passed a certification examination offered
by the Pharmacy Technician Certification Board or another
nationally recognized certification body approved by the
board.
(b) For good cause, the board may waive the age requirement
under subsection (a)(2).
(c) A person who has been certified or licensed as a pharmacy
technician by the board before July 1, 2014, and who remains in good
standing on July 1, 2014, shall, for all purposes, be considered
licensed beginning on July 1, 2014. A person described in this
subsection is subject to the license renewal requirements set forth in
this chapter.
(d) A training program approved by the board before July 1, 2015,
must be resubmitted to the board for approval in meeting current
standards.
As added by P.L.251-2003, SEC.3. Amended by P.L.159-2012,
SEC.7; P.L.58-2014, SEC.12.
IC 25-26-19-6
Qualification for pharmacy technician in training permit
Sec. 6. (a) The board shall issue a pharmacy technician in training
permit to an individual who:
(1) applies to the board in the form and manner prescribed by
the board;
(2) is at least eighteen (18) years of age;
(3) has not been convicted of a crime that has a direct bearing
upon 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; and
(5) has applied for licensure under section 5 of this chapter.
(b) An applicant:
(1) may work as a pharmacy technician in training without a
permit for not more than thirty (30) consecutive days after the
applicant files an application under this section;
(2) shall provide the applicant's employer with a receipt issued
by the board that:
(A) provides the date an application under this section was
filed; and
(B) indicates that the fee has been paid;
before the applicant may begin work as a pharmacy technician
in training; and
(3) may request an additional thirty (30) day period to practice
as a pharmacy technician in training without a permit. The board
may approve a request under this subdivision if the board
determines that the extension is for good cause.
(c) A pharmacy technician in training permit expires on the
earliest of the following:
(1) The date the permit holder is issued a pharmacy technician
license under this chapter.
(2) The date the board disapproves the permit holder's
application for a pharmacy technician license under this chapter.
(3) The date the permit holder ceases to be enrolled in good
standing in a pharmacy technician training program approved by
the board. The graduation of a permit holder from a pharmacy
technician program does not cause the permit to expire under
this subdivision.
(4) Sixty (60) days after the date that the permit holder
successfully 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 in
subsection (a)(2).
As added by P.L.251-2003, SEC.3. Amended by P.L.58-2014,
SEC.13.
IC 25-26-19-7
Expiration of license; renewal; reinstatement
Sec. 7. (a) A pharmacy technician license expires on a date set by
the Indiana professional licensing agency in each even-numbered
year.
(b) An application for renewal of a pharmacy technician license
must be accompanied by the appropriate fee.
(c) If a person fails to renew a pharmacy technician license, the
license may be reinstated by meeting the requirements under
IC 25-1-8-6.
(d) The board may require a person who applies for a license
under subsection (c) to appear before the board and explain the
reason why the person failed to renew a pharmacy technician license.
As added by P.L.251-2003, SEC.3. Amended by P.L.1-2006,
SEC.466; P.L.58-2014, SEC.14.
IC 25-26-19-8
Prohibited activities of a licensed pharmacy technician
Sec. 8. A licensed pharmacy technician may not perform the
following activities:
(1) Providing advice or consultation with the prescribing
practitioner or other licensed health care provider regarding the
patient or the interpretation and application of information
contained in the prescription or drug order, medical record, or
patient profile.
(2) Providing advice or consultation with the patient regarding
the interpretation of the prescription or the application of
information 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 and
assumption of the responsibility for the filled prescription,
including the appropriateness of the drug for the patient and the
accuracy 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 telephone
or electronically unless the original information is recorded so
a pharmacist may review the prescription drug order as
transmitted.
(6) Any activity required by law to be performed only by a
pharmacist.
(7) Any activity that requires the clinical judgment of a
pharmacist and is prohibited by a rule adopted by the board.
As added by P.L.251-2003, SEC.3. Amended by P.L.58-2014,
SEC.15.
IC 25-26-19-9
Specific violations
Sec. 9. (a) An individual may not practice as a pharmacy
technician unless the individual is licensed under this chapter.
(b) An individual may not act as a pharmacy technician in training
unless the individual has obtained a permit under this chapter or the
individual is acting as a pharmacy technician in training during the
period permitted under section 6(b) of this chapter.
(c) An individual who knowingly violates this section commits a
Level 6 felony.
As added by P.L.251-2003, SEC.3. Amended by P.L.158-2013,
SEC.290; P.L.58-2014, SEC.16.
IC 25-26-19-10
Injunctions
Sec. 10. (a) If an individual violates this chapter, the attorney
general, the board, or the prosecuting attorney of the county in which
the individual violates this chapter may maintain an action in the
name of the state to enjoin the individual from continued violation of
this chapter.
(b) An injunction issued under this section does not relieve an
individual person from criminal prosecution but is in addition to any
remedy provided under criminal law.
As added by P.L.251-2003, SEC.3.
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