Md. Code Regs. 10.34.34.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.34.34.03 - [Effective 11/11/2024] Delegated Pharmacy Acts

A. A pharmacy technician may not:

(1) Represent themselves as a pharmacist;

(2) Dispense prescription medications when the pharmacist is not in the pharmacy;

(3) Be present in the pharmacy when the pharmacist is not physically available onsite;

(4) Provide information, explanation, or recommendations to patients and health care practitioners about the safe and effective use of prescription or nonprescription drugs or devices;

(5) Delegate a pharmacy act that was delegated to the pharmacy technician or individual engaging in a Board-approved technician training program;

(6) Act within the parameters of a therapy management contract as provided under Health Occupations Article, Subtitle 6A, Annotated Code of Maryland;

(7) Provide the final verification for accuracy, appropriateness, completeness, or validity of a filled prescription or medication order, except as provided for in Regulation .04 under this chapter;

(8) Make decisions that require a pharmacist's professional judgment;

(9) Clinically evaluate the patient's profile relative to the pharmaceuticals that have been or will be dispensed;

(10) Consult with the patient concerning the utilization of their pharmaceuticals;

(11) Accept or transcribe new prescriptions;

(12) Give or accept a transferred prescription for controlled dangerous substances;

(13) Accept a transferred prescription;

(14) Independently compound prescriptions;

(15) Administer medications;

(16) Accept the return of prescription drugs or devices directly from a patient;

(17) Administer an injectable medication; or

(18) Except as provided in §B of this regulation, administer a vaccine.

B. Technician Administration of Certain Vaccines.

(1) A registered pharmacy technician that meets the requirements set forth in §B(2) and (3) of this regulation, may administer the following vaccines as a delegated pharmacy act:

(a) Coronavirus (COVID-19), influenza, or pneumococcal pneumonia vaccines to an individual 18 years old or older; or

(b) Respiratory syncytial virus (RSV) or herpes zoster vaccines to an individual 50 years old or older.

(2) In order for a registered pharmacy technician to administer a vaccine, the registered pharmacy technician shall submit notification to the Board on a form that the Board requires attesting to the following:

(a) Successful completion of a practical training program approved by the Accreditation Council for Pharmacy Education (ACPE) that includes:

(i) Hands-on injection technique;

(ii) Clinical evaluation of indications and contraindications of vaccines; and

(iii) Recognition and treatment of emergency reactions to vaccines; and

(b) Possession of an active certification in basic cardiopulmonary resuscitation (CPR) obtained through in-person classroom instruction.

(3) A registered pharmacy technician may not administer a vaccine as a delegated pharmacy act until the registered pharmacy technician receives written confirmation from the Board accepting the notification form.

(4) The delegating supervising pharmacist shall confirm that a registered pharmacy technician has met the requirements set forth in §B(2) and (3) of this regulation before delegating the administration of a vaccine to the registered pharmacy technician.

(5) A pharmacy technician trainee may not administer a vaccine.

C. A pharmacy technician shall be clearly identified as such to the public.

D. When performing tasks in the prescription area, a pharmacy technician shall maintain proper:

(1) Sanitation;

(2) Hygiene;

(3) Biohazard precautions; and

(4) Infection control.

E. Off-Site Data Entry.

(1) Except as provided in §E(2) of this regulation, a registered pharmacy technician shall perform delegated pharmacy acts under the direct supervision of a licensed pharmacist.

(2) A registered pharmacy technician may perform prescription data entry at a remote location outside of a licensed pharmacy provided that:

(a) The registered pharmacy technician has immediate electronic access to a supervising pharmacist who can assist as needed;

(b) The data entry is not required to be performed by a pharmacist;

(c) The data entry is appropriate to the education, training, and experience of the registered pharmacy technician and supervising pharmacist; and

(d) If the data entry involves access to protected patient information under the Health Insurance Portability and Accountability Act (HIPAA), it can be performed in a manner that maintains the confidentiality of patient information.

Md. Code Regs. 10.34.34.03

Regulations .03 amended effective 50:26 Md. R. 1132, eff. 1/8/2024; amended effective 51:22 Md. R. 957-1028, eff. 11/11/2024.