AN
ACT Relating to pharmacy ancillary personnel; and amending RCW 18.64A.010,
18.64A.020, 18.64A.030, 18.64A.040, 18.64A.050, 18.64A.060, 18.64A.070, and
18.64A.080.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.64A.010 and 1989 1st ex.s. c 9 s 422 are each amended to read as follows:
Terms
used in this chapter shall have the meaning set forth in this section unless
the context clearly indicates otherwise:
(1)
"Board" means the state board of pharmacy;
(2)
"Department" means the department of health;
(3)
"Pharmacist" means a person duly licensed by the state board of
pharmacy to engage in the practice of pharmacy;
(4)
"Pharmacy" means every place properly licensed by the board of
pharmacy where the practice of pharmacy is conducted;
(5)
"Pharmacy ancillary personnel" means pharmacy technicians and
pharmacy assistants;
(6)
"Pharmacy ((assistant level A)) technician" means:
(a)
A person who is enrolled in, or who has satisfactorily completed, a board
approved training program designed to prepare persons to perform
nondiscretionary functions associated with the practice of pharmacy; or
(b)
A person who is a graduate with a degree in pharmacy or medicine of a foreign
school, university, or college recognized by the board;
(((6)))
(7) "Pharmacy assistant ((level B))" means a person ((certified))
registered by the board to perform limited functions in the pharmacy;
(((7)))
(8) "Practice of pharmacy" means the definition given in RCW
18.64.011((, as now or hereafter amended));
(((8)))
(9) "Secretary" means the secretary of health or the
secretary's designee.
Sec.
2. RCW
18.64A.020 and 1995 c 198 s 8 are each amended to read as follows:
(1)
The board shall adopt, in accordance with chapter 34.05 RCW, rules fixing the
classification and qualifications and the educational and training requirements
for persons who may be employed as pharmacy ((assistants)) technicians
or who may be enrolled in any pharmacy ((assistant)) technician
training program. Such rules shall provide that:
(a)
Licensed pharmacists shall supervise the training of pharmacy ((assistants))
technicians; and
(b)
Training programs shall assure the competence of pharmacy ((assistants))
technicians to aid and assist pharmacy operations. Training programs
shall consist of instruction and/or practical training.
Such
rules may include successful completion of examinations for applicants for
pharmacy ((assistant)) technician certificates. If such examination
rules are adopted, the board shall prepare or determine the nature of, and
supervise the grading of the examinations. The board may approve an
examination prepared or administered by a private testing agency or association
of licensing authorities.
(2)
The board may disapprove or revoke approval of any training program for failure
to conform to board rules. In the case of the disapproval or revocation of
approval of a training program by the board, a hearing shall be conducted in
accordance with RCW 18.64.160, and appeal may be taken in accordance with the
Administrative Procedure Act, chapter 34.05 RCW.
Sec.
3. RCW
18.64A.030 and 1996 c 191 s 50 are each amended to read as follows:
The
board shall adopt, in accordance with chapter 34.05 RCW, rules ((and
regulations)) governing the extent to which pharmacy ((assistants)) ancillary
personnel may perform services associated with the practice of pharmacy ((during
training and after successful completion of a training course. Such
regulations)). These rules shall provide for the certification of
pharmacy ((assistants)) technicians by the department at a fee
determined by the secretary under RCW 43.70.250 ((and 43.70.280 according to
the following levels of classification)):
(1)
(("Level A pharmacy assistants")) "Pharmacy
technicians" may assist in performing, under the ((immediate))
supervision and control of a licensed pharmacist, manipulative,
nondiscretionary functions associated with the practice of pharmacy and other
such duties and subject to such restrictions as the board may by rule adopt.
(2)
"((Level B)) Pharmacy assistants" may perform, under
the ((general)) supervision of a licensed pharmacist, duties including
but not limited to, typing of prescription labels, filing, refiling,
bookkeeping, pricing, stocking, delivery, nonprofessional phone inquiries, and
documentation of third party reimbursements and other such duties and
subject to such restrictions as the board may by rule adopt.
Sec.
4. RCW
18.64A.040 and 1992 c 40 s 1 are each amended to read as follows:
(1)
((A pharmacy assistant)) Pharmacy ancillary personnel shall
practice pharmacy in this state only after authorization by the board and only
to the extent permitted by the board in accordance with this chapter.
(2)
A pharmacist shall be assisted by ((a)) pharmacy ((assistant)) ancillary
personnel in the practice of pharmacy in this state only after
authorization by the board and only to the extent permitted by the board in
accordance with this chapter: PROVIDED, That no pharmacist may supervise more
than one ((person performing level A)) pharmacy ((assistant duties
and functions)) technician: PROVIDED FURTHER, That in pharmacies
operating in connection with facilities licensed pursuant to chapter 70.41,
71.12, 71A.20, or 74.42 RCW, whether or not situated within the said facility
which shall be physically separated from any area of a pharmacy where
dispensing of prescriptions to the general public occurs, the ratio of pharmacists
to ((persons performing level A)) pharmacy ((assistant duties and
functions)) technicians shall be as follows: In the preparation of
medicine or other materials used by patients within the facility, one
pharmacist supervising no more than three ((persons performing level A))
pharmacy ((assistant duties and functions)) technicians; in the
preparation of medicine or other materials dispensed to persons not patients
within the facility, one pharmacist supervising not more than one ((person
performing level A)) pharmacy ((assistant duties and functions)) technician.
(3)
The board may by rule modify the standard ratios set out in subsection (2) of
this section governing the utilization of pharmacy technicians by pharmacies
and pharmacists. Should a pharmacy desire to use more pharmacy technicians
than the standard ratios, the pharmacy must submit to the board a pharmacy
services plan for approval.
(a)
The pharmacy services plan shall include, at a minimum, the following
information: Pharmacy design and equipment, information systems, workflow, and
quality assurance procedures. In addition, the pharmacy services plan shall
demonstrate how it facilitates the provision of pharmaceutical care by the
pharmacy.
(b)
Prior to approval of a pharmacy services plan, the board may require additional
information to ensure appropriate oversight of pharmacy ancillary personnel.
(c)
The board may give conditional approval for pilot or demonstration projects.
(d)
Variance from the approved pharmacy services plan is grounds for disciplinary
action under RCW 18.64A.050.
Sec.
5. RCW
18.64A.050 and 1993 c 367 s 15 are each amended to read as follows:
In
addition to the grounds under RCW 18.130.170 and 18.130.180, the board of
pharmacy may take disciplinary action against the certificate of any pharmacy
((assistant)) technician upon proof that:
(1)
His or her certificate was procured through fraud, misrepresentation or deceit;
(2)
He or she has been found guilty of any offense in violation of the laws of this
state relating to drugs, poisons, cosmetics or drug sundries by any court of
competent jurisdiction. Nothing herein shall be construed to affect or alter
the provisions of RCW 9.96A.020;
(3)
He or she has exhibited gross incompetency in the performance of his or her
duties;
(4)
He or she has willfully or repeatedly violated any of the rules and regulations
of the board of pharmacy or of the department;
(5)
He or she has willfully or repeatedly performed duties beyond the scope of his
or her certificate in violation of the provisions of this chapter; or
(6)
He or she has impersonated a licensed pharmacist.
Sec.
6. RCW
18.64A.060 and 1996 c 191 s 51 are each amended to read as follows:
No
pharmacy licensed in this state shall utilize the services of pharmacy ((assistants))
ancillary personnel without approval of the board.
Any
pharmacy licensed in this state may apply to the board for permission to use
the services of pharmacy ((assistants)) ancillary personnel. The
application shall be accompanied by a fee and shall comply with administrative
procedures and administrative requirements set pursuant to RCW 43.70.250 and
43.70.280, shall detail the manner and extent to which the pharmacy ((assistants))
ancillary personnel would be used and supervised, and shall provide
other information in such form as the secretary may require.
The
board may approve or reject such applications. In addition, the board may
modify the proposed utilization of pharmacy ((assistants)) ancillary
personnel and approve the application as modified. Whenever it appears to
the board that ((a)) pharmacy ((assistant is)) ancillary
personnel are being utilized in a manner inconsistent with the approval
granted, the board may withdraw such approval. In the event a hearing is
requested upon the rejection of an application, or upon the withdrawal of
approval, a hearing shall be conducted in accordance with chapter 18.64 RCW, as
now or hereafter amended, and appeal may be taken in accordance with the
Administrative Procedure Act, chapter 34.05 RCW.
Sec.
7. RCW
18.64A.070 and 1977 ex.s. c 101 s 7 are each amended to read as follows:
(1)
Persons presently assisting a pharmacist by performing the functions of a
pharmacy ((assistant)) technician may continue to do so under the
supervision of a licensed pharmacist: PROVIDED, That within eighteen months
after May 28, 1977, such persons shall be in compliance with the provisions of
this chapter.
(2)
Pharmacies presently employing persons to perform the functions of a pharmacy
((assistant)) technician may continue to do so while obtaining
board approval for the use of certified pharmacy ((assistants)) technicians:
PROVIDED, That within eighteen months after May 28, 1977, such pharmacies shall
be in compliance with the provisions of this chapter.
Sec.
8. RCW
18.64A.080 and 1977 ex.s. c 101 s 8 are each amended to read as follows:
((No)) A pharmacy or pharmacist which utilizes the
services of ((a)) pharmacy ((assistant)) ancillary personnel
with approval by the board, ((shall be considered as)) is not
aiding and abetting an unlicensed person to practice pharmacy within the
meaning of chapter 18.64 RCW((, as now or hereafter amended)):
PROVIDED, HOWEVER, That the pharmacy or pharmacist shall retain responsibility
for any act performed by ((a)) pharmacy ((assistant)) ancillary
personnel in the course of ((his or her)) employment.
