40 Pa. Stat. § 4555

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 4555 - [Effective 11/14/2024] Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Board." The State Board of Pharmacy.

"COVID-19" or "Coronavirus Disease 2019." A highly contagious infectious disease caused by Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-COV-2).

"Direct and immediate personal supervision." As follows:

(1) Review by the pharmacist of the prescription or drug order prior to dispensing.
(2) Verification by the pharmacist of the final product.
(3) Immediate availability of the pharmacist on the premises to direct the work of the supervised individual and to respond to questions or problems.

"Licensee." An individual licensed by the board.

"Pharmacy act." The act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act.

"Pharmacy technician." An individual who:

(1) Is required to be registered with the board as a pharmacy technician following the promulgation of final-form regulations under section 3 of the act of November 30, 2020 (P.L.1306, No.140), entitled "An Act amending the act of September 27, 1961 (P.L.1700, No.699), entitled 'An Act relating to the regulation of the practice of pharmacy, including the sales, use and distribution of drugs and devices at retail; and amending, revising, consolidating and repealing certain laws relating thereto,' further providing for definitions; and providing for pharmacy technician and pharmacy technician trainee registration, qualifications and supervision, for pharmacy technician data entry and for laboratory waiver."
(2) May assist in the practice of pharmacy under the direct and immediate personal supervision of a licensed pharmacist after meeting the requirements of this act, the Pharmacy Act and the regulations promulgated under this act or the Pharmacy Act. The term shall not include an individual performing clerical support with no direct interaction with prescription medication or ability to enter a prescription drug order.

"Practice of pharmacy." The following:

(1) The provision of health care services by a pharmacist, which includes:
(i) The interpretation, evaluation and implementation of medical orders for the provision of pharmacy services or prescription drug orders.
(ii) The delivery, dispensing or distribution of prescription drugs.
(iii) Participation in drug and device selection.
(iv) Drug administration.
(v) Drug regimen review.
(vi) Drug therapy management, including such services provided under the Medicare Prescription Drug, Improvements, and Modernization Act of 2003 (Public Law 108-173, 117 Stat. 2066).
(vii) Drug or drug-related research.
(viii) Compounding.
(ix) Proper and safe storage of drugs and devices.
(x) Management of drug therapy under section 9.3 of the Pharmacy Act, or, if in an institutional setting, consistent with the institution's assignment of clinical duties pursuant to a written agreement or protocol as specified in section 9.1 of the Pharmacy Act.
(xi) Maintaining proper records.
(xii) Patient counseling.
(xiii) Acts, services, operations or transactions necessary or incident to the provision of these health care services.
(2) The term shall not include the operations of a manufacturer or distributor as defined in the Controlled Substance, Drug, Device and Cosmetic Act.

"The Controlled Substance, Drug, Device and Cosmetic Act." The act of April 14, 1972 (P.L.233, No.64), known as the Controlled Substance, Drug, Device and Cosmetic Act, or the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236).

40 P.S. § 4555

Added by P.L. (number not assigned at time of publication) 2024 No. 77,§ 11, eff. 11/14/2024.