4729:3-1-01 Definitions - pharmacy technicians.

As used in division 4729:3 of the Administrative Code:

(A) "Abandoned application" means an application for a registration pursuant to this division where the applicant fails to complete all application requirements within thirty days after being notified by the board. An applicant forfeits all fees associated with an abandoned application. The board shall not be required to act on any abandoned application and the application may be destroyed by board staff. If the application is abandoned, the applicant shall be required to reapply for registration, submit the required fee and comply with the registration requirements in effect at the time of reapplication.

(B) "Certified pharmacy technician" means a person who:

(1) Has completed an approved training program pursuant to rule 4729:3-3-02 of the Administrative Code or complies with the education and training requirements in division (E)(2) of section 4729.90 of the Revised Code;

(2) Is registered with the state board of pharmacy;

(3) Practices in this state in accordance with rule 4729:3-3-04 of the Administrative Code; and

(4) Maintains a current pharmacy technician certification from an organization that has been recognized by the board.

(C) "Compounding" has the same meaning as defined in division (C) of section 4729.01 of the Revised Code.

(D) "Current pharmacy technician certification from an organization that has been recognized by the board" pursuant to division (B)(2)(d) of section 4729.90 of the Revised Code means either:

(1) The ExCPT certification provided by the national healthcareer association; or

(2) The pharmacy technician certification board (PTCB) certification.

(E) "Direct supervision" means that a licensed pharmacist is:

(1) Physically present in a facility licensed as a terminal distributor of dangerous drugs, licensed outsourcing facility, or in the area where the practice of pharmacy is occurring, and providing personal review and approval of all professional activities;

(2) Readily available to answer questions of the pharmacy technician trainee, registered pharmacy technician or certified pharmacy technician;

(3) Making appropriate in-process and end-process verifications of the activities of the pharmacy technician trainee, registered pharmacy technician or certified pharmacy technician; and

(4) Fully responsible for the practice of the pharmacy technician trainee, registered pharmacy technician or certified pharmacy technician.

(F) "Entering information into and retrieving information from a database or patient profile" as used in section 4729.91 of the Revised Code means to enter new or refill prescription information into a database or patient profile.

(G) "Good moral character" pursuant to division (B)(1)(c) of section 4729.90 of the Revised Code means those virtues of a person which are generally recognized as beneficial to the public health, safety and welfare, or a pattern of behavior conforming to a profession's ethical standards and showing an absence of moral turpitude, including conduct consistent with justice, honesty, or morality.

(H) "Hazardous drug" means any dangerous drug identified by at least one of the following criteria:

(1) Carcinogenicity, teratogenicity, or developmental toxicity;

(2) Reproductive toxicity in humans;

(3) Organ toxicity at low dose in humans or animals; or

(4) Genotoxicity or new drugs that mimic existing hazardous drugs in structure or toxicity.

(I) "In good standing" means a pharmacist to which all the following apply:

(1) Has not been denied the privilege of supervising interns or pharmacy technicians by the board;

(2) Has not been denied a license, registration or certificate by any public agency or licensing agency; and

(3) Does not have a license, registration or certificate limited, suspended, currently on probation or revoked by any public agency or licensing agency.

(J) "Pharmacy technician trainee" means a person who:

(1) Intends to enroll or is enrolled in an approved training program pursuant to rule 4729:3-3-02 of the Administrative Code to obtain a registration as a registered or certified pharmacy technician;

(2) Is registered as a pharmacy technician trainee with the state board of pharmacy; and

(3) Practices in this state in accordance with rule 4729:3-3-01 of the Administrative Code.

(K) "Refill authorization" means authorization from a prescriber or prescriber's agent for a non-controlled prescription renewal, provided that the prescription remains unchanged.

(1) As used in this paragraph:

(a) "Prescription refill" means the dispensing of dangerous drugs pursuant to a prescriber's authorization provided on the original prescription; and

(b) "Prescription renewal" means the dispensing of dangerous drugs pursuant to a prescriber's authorization to fill an existing prescription that has no refills remaining.

(L) "Registered pharmacy technician" means a person who:

(1) Has completed an approved training program pursuant to rule 4729:3-3-02 of the Administrative Code or complies with the education and training requirements in division (E)(1) of section 4729.90 of the Revised Code;

(2) Is registered with the state board of pharmacy; and

(3) Practices in this state in accordance with rule 4729:3-3-03 of the Administrative Code.

(M) "Responsible person" has the same meaning as defined in agency 4729 of the Administrative Code and who is responsible for the practice of the profession of pharmacy, including, but not limited to, the supervision and control of dangerous drugs as required in division (B) of section 4729.55 of the Revised Code, adequate safeguards as required in division (C) of section 4729.55 of the Revised Code, security and control of dangerous drugs and maintaining all drug records otherwise required.

(N) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.

(O)

(1) "Support personnel" means the following:

(a) An individual employed or performing contracted services at a location licensed as a terminal distributor of dangerous drugs, trained to perform clerical duties associated with the practice of pharmacy, including pricing, cashiering, drug purchasing, delivering, scheduling deliveries, answering non-professional telephone inquiries, transportation of dispensed medications within a hospital, documenting and processing third-party billing information for reimbursement or any other activity as determined by the board.

(b) An individual contracted by a terminal distributor of dangerous drugs to perform drug inventories.

(2) Except for those responsible for the delivery of dangerous drugs, support personnel shall not have unsupervised access to dangerous drugs.

(3) Except as provided in paragraphs (O)(4) and (O)(5) of this rule, support personnel shall not perform the tasks of a pharmacist, pharmacy intern, certified pharmacy technician, registered pharmacy technician, or pharmacy technician trainee.

(4) Support personnel may have access to or retrieve information from patient records, including a database or patient profile to perform clerical duties associated with the practice of pharmacy. Support personnel shall not enter prescription information into a patient profile.

(5) Support personnel may perform the following:

(a) Transporting dangerous drugs from a loading dock, warehouse or other area that receives shipments from a licensed wholesaler; and

(b) Stocking and retrieving from inventory non-controlled dangerous drugs that are not dispensed by the pharmacy.

(6) The terminal distributor of dangerous drugs shall be responsible for ensuring all support personnel comply with state and federal requirements to ensure the confidentiality of patient health records.

(7) Support personnel shall not serve as a pharmacist's delegate pursuant to section 4729.80 of the Revised Code.

(8) Support personnel are not required to obtain licensure or registration under Chapter 4729. of the Revised Code.

(P) "United States Pharmacopeia Chapter <795>" or "USP <795>" means United States Pharmacopeia Chapter <795>, USP 40-NF 35, or any official supplement thereto (10/2/2017).

(Q) "United States Pharmacopeia Chapter <797>" or "USP <797>" means United States Pharmacopeia Chapter <797>, USP 40-NF 35, or any official supplement thereto (10/2/2017).

(R) "Veteran" means anyone who is serving or has served under honorable conditions in any component of the armed forces, including the national guard and reserve.

Effective: 12/15/2017
Five Year Review (FYR) Dates: 12/15/2022
Promulgated Under: 119.03
Statutory Authority: 4729.26, 4729.94
Rule Amplifies: 4729.90, 4729.96, 4729.95, 4729.94 , 4729.93, 4729.921, 4729.92 , 4729.91, 4729.901