§ 27.12. Practice of pharmacy and delegation of duties.
(a) General. It is unlawful for a person not licensed as a pharmacist by the Board to engage or allow another person to engage in the practice of pharmacy as defined in § 27.1 (relating to definitions) and section 2 of the act (63 P. S. § 390-2) except in accordance with this section.
(b) Delegation. A pharmacist may delegate aspects of the practice of pharmacy to a pharmacy intern or pharmacy technician, as defined in § 27.1, subject to the following conditions:
(1) The pharmacist shall review every prescription or drug order prior to its being dispensed to determine the name of the drug, strength, dosage, quantity, permissible refills and other information required under § 27.18(b) (relating to standards of practice) to verify the accuracy of the preparation.
(2) The pharmacist shall provide direct, immediate and personal supervision to pharmacy interns and pharmacy technicians working with the pharmacist. Direct, immediate and personal supervision means that the supervising pharmacist has reviewed the prescription or drug order prior to its being dispensed, has verified the final product and is immediately available on the premises to direct the work of interns and technicians and respond to questions or problems.
(3) The pharmacist shall ensure that the label of the container in which a nonproprietary drug is dispensed or sold pursuant to a prescription complies with the labeling requirements of § 27.18(d).
(c) Pharmacy interns.
(1) A pharmacy intern may work only under the direct, immediate, personal supervision of a pharmacist in accordance with subsection (b)(2).
(2) A pharmacy intern may neither enter nor be in a pharmacy if a pharmacist is not on duty.
(3) A pharmacy intern working under the direct, immediate, personal supervision of a pharmacist may perform procedures which require professional skill and training. Examples of these procedures include: verifying ingredients, weighing ingredients, compounding ingredients and other similar processing of ingredients.
(4) A pharmacy intern working under the direct, immediate and personal supervision of a pharmacist may administer injectable medications, biologicals and immunizations if the pharmacist and the pharmacy intern each hold an active authorization to administer injectable medications, biologicals and immunizations issued by the Board, in accordance with § § 27.40127.408.
(d) Pharmacy technicians.
(1) A pharmacy technician may work only under the direct, immediate, personal supervision of a pharmacist in accordance with subsection (b)(2).
(2) The following are examples of the types of activities which a pharmacy technician may perform:
(i) Carry containers of drugs in and around the pharmacy.
(ii) Count pills, tablets and capsules and put them in a container.
(iii) Type or print, or both, labels.
(iv) Maintain records which are related to the practice of pharmacy.
(v) Assist the pharmacist in preparing and reconstituting parenteral products and other medications. After the parenteral product or other medication has been prepared, the supervising pharmacist shall initial the label of the product or medication to document his final inspection and to accept total responsibility for its preparation.
(vi) Enter prescription, drug order or patient information in a patient profile.
(vii) Assist the pharmacist in the compounding of drug products, as permitted by the written protocol created and maintained in accordance with paragraph (4).
(3) A pharmacy technician may not:
(i) Accept or transcribe an oral order or telephone prescription.
(ii) Enter or be in a pharmacy if a pharmacist is not on duty.
(iii) Perform any act within the practice of pharmacy that involves discretion or independent professional judgment.
(iv) Perform a duty until the technician has been trained and the duty has been specified in a written protocol.
(4) The pharmacist manager shall create and maintain a written protocol for each pharmacy technician employed in the pharmacy. The protocol shall specify each duty which the pharmacy technician may perform. The pharmacist manager and the pharmacy technician shall date and sign the protocol and each amendment to the protocol. The pharmacist manager shall make the protocol available to agents of the Board upon demand.
The provisions of this § 27.12 amended under sections 4(j), 6(k)(1) and (9) and 9.2(a) of the Pharmacy Act (63 P.S. § § 390-4(j), 390-6(k)(1) and (9) and 390-9.2(a)).
The provisions of this § 27.12 amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4532; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7205; amended June 21, 2019, effective June 22, 2019, 49 Pa.B. 3210; amended July 8, 2022, effective July 9, 2022, 52 Pa.B. 3822. Immediately preceding text appears at serial pages (396729) to (296730).
This section cited in 6 Pa. Code § 22.62 (relating to conditions of provider participation); and 49 Pa. Code § 27.1 (relating to definitions).
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