SENATE BILL No. 468

 

 

September 9, 2015, Introduced by Senator GREEN and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17739a, 17739b, and 17739c (MCL 333.17739a,

 

333.17739b, and 333.17739c), as added by 2014 PA 285.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17739a. (1) Subject to subsection (2), the department may

 

license an individual who meets all of the following requirements

 

as a pharmacy technician under this part:

 

     (a) Submits a completed application to the department on a

 

form prescribed by the department.

 

     (b) Graduated Except as otherwise provided in subsection (4),

 

graduated from an accredited high school or comparable school or

 

educational institution or passed the general educational

 

development test or other graduate equivalency examination.


     (c) Satisfies the requirements of section 16174.

 

     (d) Except as otherwise provided in subsection (4), passes and

 

submits proof to the department of passage of any of the following:

 

     (i) The certified pharmacy technician examination given by the

 

pharmacy technician certification board.Pharmacy Technician

 

Certification Board.

 

     (ii) The certified pharmacy technician examination given by

 

the national healthcareer association.National Healthcareer

 

Association.

 

     (iii) Any other nationally recognized and administered

 

certification examination approved by the board.

 

     (iv) An employer-based training program examination that is

 

approved by the board and covers job descriptions, pharmacy

 

security, commonly used medical abbreviations, routes of

 

administration, product selection, final check by pharmacists,

 

guidelines for the use of pharmacy technicians, pharmacy

 

terminology, basic drug information, basic calculations, quality

 

control procedures, state and federal laws and regulations

 

regarding pharmacy technician duties, pharmacist duties, pharmacy

 

intern duties, prescription or drug order processing procedures,

 

drug record-keeping requirements, patient confidentiality, and

 

pharmacy security and drug storage.

 

     (2) An individual who is not a pharmacist, pharmacist intern,

 

or pharmacy technician shall not perform any of the functions

 

described in section 17739(1) for a pharmacy.

 

     (3) A pharmacist shall not allow any individual employed or

 

otherwise under the personal charge of the pharmacist to violate

 


subsection (2). A person that owns, manages, operates, or conducts

 

a pharmacy shall not allow any individual employed or otherwise

 

under the control of that person to violate subsection (2).

 

     (4) An individual who meets any of the following is not

 

required to meet the examination requirement described in

 

subsection (1)(d) requirements of subsection (1)(b) and (d) to be

 

eligible for a license under subsection (1):

 

     (a) As provided in section 16171(a), is a student in a

 

pharmacy technician program approved by the board.

 

     (b) Is applying for a temporary license under section 17739b.

 

     (c) Is applying for a limited license under section 17739c.

 

     Sec. 17739b. (1) Subject to section 17739a(4), the department

 

may issue a temporary license as a pharmacy technician to an

 

individual who is preparing for the examination under section

 

17739a(1)(d). Notwithstanding section 16181, the term of a

 

temporary license issued under this section expires 210 days 1 year

 

after the date the temporary license is issued.

 

     (2) An individual requesting a temporary license under this

 

section shall submit a completed application, on a form prescribed

 

by the department, to the department and pay the applicable fee

 

under section 16333.

 

     (3) An individual who holds a temporary license as a pharmacy

 

technician issued under subsection (1) is subject to all of the

 

requirements of this part, and rules promulgated by the department

 

in consultation with the board, applicable to pharmacy technicians

 

except the examination requirement under section 17739a(1)(d).

 

     Sec. 17739c. (1) In addition to the requirement of section

 


16182 and subject to section 17739a(4), the department may issue a

 

limited license as a pharmacy technician to an individual if all of

 

the following are met:

 

     (a) The individual was employed as a pharmacy technician by a

 

pharmacy on the effective date of the amendatory act that added

 

this section December 22, 2014 and has been continuously employed

 

by that pharmacy since that date.

 

     (b) The individual submits a completed application to the

 

department on a form prescribed by the department and meets the

 

requirements of section 16174.

 

     (c) The individual provides documentation of satisfactory

 

employment as a pharmacy technician for a minimum of 1,000 hours

 

during the 2-year period immediately preceding the date of his or

 

her application under subdivision (b).

 

     (d) The applicable fee under section 16333 is paid.

 

     (2) An Except as otherwise provided in subsection (5), an

 

individual who holds a limited license under this section may only

 

act as a pharmacy technician for the pharmacy described in

 

subsection (1)(a) and only until 1 of the following occurs:

 

     (a) He or she is no longer employed by that pharmacy to

 

perform those functions.

 

     (b) He or she performs any of those functions for another

 

pharmacy.

 

     (3) The term of a limited pharmacy technician license issued

 

by the department under this section is the same as a pharmacy

 

technician license issued by the department under section 17739a.

 

     (4) An individual who holds a limited pharmacy technician

 


license issued under this section is subject to all of the

 

requirements of this part, and the rules promulgated by the

 

department in consultation with the board, except the examination

 

requirement under section 17739a(1)(d).

 

     (5) An individual who is employed as a pharmacy technician by

 

an employer that operates multiple licensed pharmacy locations may

 

work as a limited license pharmacy technician at any of the

 

employer's licensed pharmacy locations in this state.