N.J. Admin. Code § 13:39-6.15

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:39-6.15 - Pharmacy technician duties and pharmacist-technician ratios

(a) Pharmacy technicians and pharmacy technician applicants may assist the pharmacist in performing the following tasks:

1. Retrieval of prescription files, patient files and profiles and other such records pertaining to the practice of pharmacy;

2. Data entry of prescription medication information, including the original or refill date of the prescription, the number or designation identifying the prescription, the practitioner's information, and the name, strength, and quantity of the prescribed medication;

3. The collection of the following demographic information for the patient profile: the name, address, and telephone number of the patient; the patient's age, date of birth; or age group (infant, child, adult); gender; any allergies and idiosyncrasies of the patient; and any medical conditions that may relate to drug utilization;

4. Transcription of scanned prescription or medication order information into the patient record;

5. Label preparation;

6. The counting, weighing, measuring, pouring and compounding of prescription medication or stock legend drugs and controlled substances, including the filling of an automated medication system; and

7. Accepting authorization from a patient for a prescription refill, or from a practitioner or his or her agent for a prescription renewal, provided that the prescription remains unchanged, consistent with (a)7i below:

i. The pharmacy technician or pharmacy technician applicant shall identify himself or herself as a pharmacy technician when accepting authorization from a practitioner or his or her agent. For purposes of this section, "prescription refill" means the dispensing of medications pursuant to a practitioner's authorization provided on the original prescription. For purposes of this section, "prescription renewal" means the dispensing of medications pursuant to a practitioner's authorization to fill an existing prescription that has no refills remaining.

(b) Pharmacy technicians and pharmacy technician applicants shall not:

1. Receive new verbal prescriptions;

2. Interpret a prescription or medication order for therapeutic acceptability and appropriateness;

3. Verify dosage and directions;

4. Engage in prospective drug review;

5. Provide patient counseling;

6. Monitor prescription usage;

7. Override computer alerts without first notifying the pharmacist;

8. Transfer prescriptions from one pharmacy to another pharmacy; or

9. Violate patient confidentiality.

(c) A pharmacy shall require all pharmacy technicians and pharmacy technician applicants employed by the pharmacy to sign a patient confidentiality statement. Such statements shall be maintained on-site by the pharmacy.

(d) Except as provided in (e) below, a pharmacist shall not supervise more than two pharmacy technicians at any given time. The pharmacist shall provide immediate personal supervision, as defined in 13:39-1.2, of all pharmacy technicians he or she supervises. Those personnel who do computer processing of prescriptions are to be included in the 1 to 2 ratio. A registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training, which shall not exceed 210 days, shall be excluded from the 1 to 2 ratio during such training. A pharmacist shall not supervise more than two persons receiving in-service training at the same time.

(e) A pharmacy that employs a pharmacist to pharmacy technician ratio greater than 1:2 shall:

1. Establish written job descriptions, task protocols, and policies and procedures that pertain to the duties performed by the pharmacy technicians;

2. Ensure and document that all pharmacy technicians who are working when the ratio exceeds 1:2 have:

i. Passed the Pharmacy Technician Certification Board's Pharmacy Technician Certification Examination and have fulfilled the requirements to maintain this status;

ii. Passed a Board-approved certification program and have fulfilled the requirements to maintain this status; or

iii. Completed a program that includes a testing component, which has been approved by the Board as satisfying the criteria set forth in (f) below. Completion of a program with a Board-approved testing component shall qualify the pharmacy technician to work only for the specific pharmacy and/or corporation for which the pharmacy technician was employed when the training was obtained. If the pharmacy technician becomes employed by another pharmacy and/or corporation, the pharmacy technician shall be required to complete the new employer's training program;

3. Ensure that all pharmacy technicians are knowledgeable in the established job descriptions, task protocols, and policies and procedures in the pharmacy setting in which the technicians are to perform their duties;

4. Ensure that the duties assigned to any pharmacy technician do not exceed the established job descriptions, task protocols and policies and procedures, nor involve any of the prohibited tasks in (b) above;

5. Ensure that all pharmacy technicians receive in-service training before the pharmacy technicians assume their responsibilities and maintain documentation thereof. A registered pharmacy technician or a pharmacy technician applicant who is receiving in-service training, which shall not exceed 210 days, shall be excluded from the 1 to 2 ratio during such training. A pharmacist shall not supervise more than two persons receiving in-service training at the same time;

6. Provide immediate personal supervision as defined in 13:39-1.2; and

7. Provide the Board, upon request, with a copy of the established job descriptions, task protocols, and policies and procedures for all pharmacy technician duties.

(f) If the pharmacist to pharmacy technician ratio exceeds 1:2, the pharmacy shall maintain a policy and procedure manual with regard to pharmacy technicians, which shall include the following:

1. Supervision by a pharmacist;

2. Confidentiality safeguards of patient information;

3. Minimum qualifications;

4. Documentation of in-service education and/or on-going training and demonstration of competency, specific to practice site and job function;

5. General duties and responsibilities of pharmacy technicians;

6. Retrieval of prescription files, patient files, patient profile information and other records pertaining to the practice of pharmacy;

7. All functions related to prescription processing;

8. All functions related to prescription legend drug and controlled substance ordering and inventory control;

9. Prescription refill and renewal authorization;

10. Procedures dealing with documentation and records required for controlled drug substance and prescription legend drugs;

11. Procedures dealing with medication errors, including classification of medication errors;

12. Pharmacy technician functions related to automated systems;

13. Functions that may not be performed by pharmacy technicians, including at a minimum those functions listed in (b) above; and

14. A form signed by the pharmacy technician which verifies that the manual has been reviewed by the technician.

(g) The pharmacist-in-charge shall review at least every two years and, if necessary, amend the policy and procedure manual. Documentation of the review shall be made available to the Board upon request.

(h) When pharmacy technicians and pharmacy technician applicants are engaged in any permitted activities, the pharmacist(s) shall be responsible for all the activities of the pharmacy technicians and the pharmacy technician applicants.

N.J. Admin. Code § 13:39-6.15

Amended by R.1994 d.351, effective 7/18/1994.
See: 26 N.J.R. 1596(a), 26 N.J.R. 2905(b).
Amended by R.1997 d.502, effective 12/1/1997.
See: 28 N.J.R. 5048(a), 29 N.J.R. 5072(a).
Added (d) through (f).
Amended by R.1999 d.214, effective 7/19/1999.
See: 31 N.J.R. 1151(a), 31 N.J.R. 1932(a).
In (f), substituted a reference to supervising registered pharmacists for a reference to a registered pharmacists-in-charge.
Recodified from N.J.A.C. 13:39-6.7 and amended by R.2005 d.25, effective 1/18/2005.
See: 36 N.J.R. 3345(a), 37 N.J.R. 295(a).
Rewrote the section. Former N.J.A.C. 13:39-6.6, Foreign prescriptions, repealed.
Recodified from N.J.A.C. 13:39-6.6 and amended by R.2007 d.283, effective 9/4/2007.
See: 38 N.J.R. 3137(a), 39 N.J.R. 3774(b).
Section was "Pharmacy technicians". Rewrote the introductory paragraph of (a); in (b), inserted "and pharmacy technician applicants" and inserted the second sentence; in the introductory paragraph of (c), inserted "and pharmacy technician applicants"; added new (d); recodified former (d) through (g) as (e) through (h); rewrote (e) and (f); deleted former (h); and in (i), inserted "and pharmacy technician applicants" and "and the pharmacy technician applicants".
Amended by R.2010 d.090, effective 6/21/2010.
See: 42 N.J.R. 132(a), 42 N.J.R. 1221(a).
In the introductory paragraph of (a), deleted "registered" preceding "pharmacist"; in (a)3, deleted "and" from the end; in (a)4, substituted "; and" for a period at the end; recodified the first sentence of former (b) as (a)5; in (b)5, substituted "Accepting" for "Pharmacy technicians and pharmacy technician applicants may accept", "practitioner" for "physician" and ", consistent with (a)5i below:" for a period at the end; recodified the second through fourth sentences of former (b) as (a)5i; in (a)5i, substituted "practitioner" for "physician" and "practitioner's" for " prescriber's"; recodified (c) through (i) as (b) through (h); in (d), substituted "(e)" for "(f)"; in the introductory paragraph of (e), deleted "registered" preceding "pharmacist"; in (e)2iii, substituted "that" for the first occurrence of "which" and "(f)" for "(g)" and inserted a comma following "component"; in (e)4 and (f)13, substituted "(b)" for "(c)"; in (e)4, deleted a comma following "protocols"; in (f), inserted a comma following "technicians"; in (g), substituted "pharmacist-in-charge" for "pharmacist in charge"; and in (h), deleted "registered" preceding "pharmacist(s)".
Amended by R.2013 d.098, effective 8/5/2013.
See: 45 N.J.R. 201(a), 45 N.J.R. 1919(b).
In the introductory paragraph of (a), substituted "Pharmacy" for "In addition to externs and interns, only pharmacy"; rewrote (a)2; added new (a)3 and (a)4; recodified former (a)3 and (a)4 as new (a)5 and (a)6; recodified former (a)5 as (a)7; and in the introductory paragraph of (a)7, substituted "(a)7i" for "(a)5i".