CHAPTER 19. REGULATION OF PHARMACY TECHNICIANS
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
certification 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.
IC 25-26-19-5
Qualification for pharmacy technician certificate
Sec. 5. (a) The board shall issue a pharmacy technician certificate
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;
(5) has paid the fee set by the board under section 4 of this
chapter; and
(6) has completed a program of education and training approved
by the board or has passed a certification examination offered
by a nationally recognized certification body approved by the
board.
(b) For good cause, the board may waive the age requirement
under subsection (a)(2).
As added by P.L.251-2003, SEC.3.
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 certification 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
certificate under this chapter.
(2) The date the board disapproves the permit holder's
application for a pharmacy technician certificate 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.
IC 25-26-19-7
Expiration of pharmacy technician certificate; renewal fee;
reinstatement of pharmacy technician certificate
Sec. 7. (a) A pharmacy technician certificate 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
certificate must be accompanied by the appropriate fee.
(c) If a person fails to renew a pharmacy technician certificate, the
certificate may be reinstated by meeting the requirements under
IC 25-1-8-6.
(d) The board may require a person who applies for a certificate
under subsection (c) to appear before the board and explain the
reason why the person failed to renew a pharmacy technician
certificate.
As added by P.L.251-2003, SEC.3. Amended by P.L.1-2006,
SEC.466.
IC 25-26-19-8
Prohibited activities of a certified pharmacy technician
Sec. 8. A certified 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.
IC 25-26-19-9
Specific violations
Sec. 9. (a) An individual may not practice as a pharmacy
technician unless the individual is certified 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
Class D felony.
As added by P.L.251-2003, SEC.3.
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.