CHAPTER 568. PHARMACY TECHNICIANS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 568. PHARMACY TECHNICIANS
Sec. 568.001. RULES RELATING TO PHARMACY TECHNICIANS. (a) In
establishing rules under Section 554.053(c), the board shall
require that a pharmacy technician:
(1) have a high school diploma or a high school equivalency
certificate or be working to achieve an equivalent diploma or
certificate; and
(2) have passed a board-approved pharmacy technician
certification examination.
(b) The board shall adopt rules that permit a pharmacy
technician to perform only nonjudgmental technical duties under
the direct supervision of a pharmacist.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.
Sept. 1, 2001.
Sec. 568.002. PHARMACY TECHNICIAN REGISTRATION REQUIRED. (a) A
pharmacy technician must register with the board annually or
biennially, as determined by board rule, on a form prescribed by
the board.
(b) The board may allow a technician to petition the board for a
special exemption from the technician certification requirement
if the technician:
(1) is in a county with a population of less than 50,000; or
(2) on September 1, 2001, has been employed as a pharmacy
technician in this state for at least 10 years and the
technician's employer approves the petition.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.
Sept. 1, 2001.
Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION. (a) The board
may take disciplinary action under Section 568.0035 if the board
determines that the applicant or registrant has:
(1) violated this subtitle or a rule adopted under this
subtitle;
(2) engaged in gross immorality, as that term is defined by the
rules of the board;
(3) engaged in any fraud, deceit, or misrepresentation, as those
terms are defined by the rules of the board, in seeking a
registration to act as a pharmacy technician;
(4) been convicted of or placed on deferred adjudication
community supervision or deferred disposition or the applicable
federal equivalent for:
(A) a misdemeanor:
(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and Safety Code, or the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. Section 801 et seq.); or
(B) a felony;
(5) developed an incapacity that prevents the applicant or
registrant from practicing as a pharmacy technician or pharmacy
technician trainee with reasonable skill, competence, and safety
to the public;
(6) violated:
(A) Chapter 481 or 483, Health and Safety Code, or rules
relating to those chapters;
(B) Sections 485.031-485.035, Health and Safety Code; or
(C) a rule adopted under Section 485.011, Health and Safety
Code;
(7) violated the pharmacy or drug laws or rules of this state,
another state, or the United States;
(8) performed duties in a pharmacy that only a pharmacist may
perform, as defined by the rules of the board;
(9) used alcohol or drugs in an intemperate manner that, in the
board's opinion, could endanger a patient's life;
(10) engaged in negligent, unreasonable, or inappropriate
conduct when working in a pharmacy;
(11) violated a disciplinary order;
(12) been convicted or adjudicated of a criminal offense that
requires registration as a sex offender under Chapter 62, Code of
Criminal Procedure; or
(13) been disciplined by a pharmacy or other health regulatory
board of this state or another state for conduct substantially
equivalent to conduct described by this subsection.
(b) A certified copy of the record of a state taking action
described by Subsection (a)(13) is conclusive evidence of the
action taken by the state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 33, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
837, Sec. 1, eff. June 19, 2009.
Sec. 568.0035. DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE. (a)
On a determination that a ground for discipline exists under
Section 568.003, the board may:
(1) suspend the person's registration;
(2) revoke the person's registration;
(3) restrict the person's registration to prohibit the person
from performing certain acts or from practicing as a pharmacy
technician in a particular manner for a term and under conditions
determined by the board;
(4) impose an administrative penalty under Chapter 566;
(5) refuse to issue or renew the person's registration;
(6) place the offender's registration on probation and
supervision by the board for a period determined by the board and
impose a requirement that the registrant:
(A) report regularly to the board on matters that are the basis
of the probation;
(B) limit practice to the areas prescribed by the board;
(C) continue or review professional education until the
registrant attains a degree of skill satisfactory to the board in
each area that is the basis of the probation; or
(D) pay the board a probation fee to defray the costs of
monitoring the registrant during the period of probation;
(7) reprimand the person;
(8) retire the person's registration as provided by board rule;
or
(9) impose more than one of the sanctions listed in this
section.
(b) A disciplinary action affecting the registration of a
pharmacy technician trainee remains in effect if the trainee
obtains registration as a pharmacy technician.
Added by Acts 2005, 79th Leg., Ch.
1345, Sec. 34, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
837, Sec. 2, eff. June 19, 2009.
Sec. 568.0036. SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.
(a) This section applies to a pharmacy technician, pharmacy
technician applicant, pharmacy technician trainee, or pharmacy
technician trainee applicant.
(b) In enforcing Section 568.003(a)(5), the board, on probable
cause, may request a person subject to this section to submit to
a mental or physical examination by a physician or other health
care professional designated by the board.
(c) If the person refuses to submit to the examination, the
board shall:
(1) issue an order requiring the person to show cause why the
person will not submit to the examination; and
(2) schedule a hearing on the order not later than the 30th day
after the date notice of the order is served on the person under
Subsection (d).
(d) The person shall be notified by either personal service or
certified mail, return receipt requested.
(e) At the hearing, the person and the person's counsel may
present testimony or other evidence to show why the person should
not be required to submit to the examination.
(f) After the hearing, the board shall, by order:
(1) require the person to submit to the examination; or
(2) withdraw the request for examination.
Added by Acts 2009, 81st Leg., R.S., Ch.
837, Sec. 3, eff. June 19, 2009.
Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt a
system in which the registrations of pharmacy technicians expire
on various dates during the year.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.
Sept. 1, 2001.
Sec. 568.005. FEES. The board may adopt fees as necessary for
the registration of pharmacy technicians.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff.
Sept. 1, 2001.
Sec. 568.006. RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS. The
ratio of pharmacists to pharmacy technicians in a Class A
pharmacy must be at least one pharmacist for every five pharmacy
technicians if the Class A pharmacy dispenses not more than 20
different prescription drugs and does not produce intravenous or
intramuscular drugs on-site.
Added by Acts 2003, 78th Leg., ch. 1198, Sec. 1, eff. Sept. 1,
2003.
Sec. 568.007. REGISTRATION OF PHARMACY TECHNICIAN TRAINEE. (a)
A person must register with the board before beginning work in a
pharmacy in this state as a pharmacy technician trainee.
(b) An application for registration as a pharmacy technician
trainee must be on a form prescribed by the board.
(c) A person's registration as a pharmacy technician trainee
remains in effect as long as the person meets the qualifications
specified by board rule.
(d) The board may, on a determination that a ground for
discipline exists under Section 568.003, take disciplinary action
against a pharmacy technician trainee under Section 568.0035.
Added by Acts 2005, 79th Leg., Ch.
1345, Sec. 35, eff. September 1, 2005.
Sec. 568.008. TECHNICIANS IN HOSPITALS WITH CLINICAL PHARMACY
PROGRAM. (a) In this section, "clinical pharmacy program" means a
program that provides pharmaceutical care services as specified
by board rule.
(b) A Class C pharmacy that has an ongoing clinical pharmacy
program may allow a pharmacy technician to verify the accuracy of
work performed by another pharmacy technician relating to the
filling of floor stock and unit dose distribution systems for a
patient admitted to the hospital if the patient's orders have
previously been reviewed and approved by a pharmacist.
(c) The pharmacist-in-charge of the clinical pharmacy program
shall adopt policies and procedures for the verification process
authorized by this section.
(d) A hospital must notify the board before implementing the
verification process authorized by this section.
(e) The board shall adopt rules to implement this section,
including rules specifying:
(1) the duties that may be verified by another pharmacy
technician;
(2) the records that must be maintained for the verification
process; and
(3) the training requirements for pharmacy technicians who
verify the accuracy of the work of other pharmacy technicians.
Added by Acts 2009, 81st Leg., R.S., Ch.
1128, Sec. 2, eff. June 19, 2009.