Section 338.013

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 338

Effective - 28 Aug 2009, 2 histories   

  338.013.  Pharmacy technician to register with board of pharmacy, fees, application, renewal — refusal to issue, when — employee disqualification list maintained, use. — 1.  Any person desiring to assist a pharmacist in the practice of pharmacy as defined in this chapter shall apply to the board of pharmacy for registration as a pharmacy technician.  Such applicant shall be, at a minimum, legal working age and shall forward to the board the appropriate fee and written application on a form provided by the board.  Such registration shall be the sole authorization permitted to allow persons to assist licensed pharmacists in the practice of pharmacy as defined in this chapter.

  2.  The board may refuse to issue a certificate of registration as a pharmacy technician to an applicant that has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, of a violation of any state, territory or federal drug law, or to any felony or has violated any provision of subsection 2 of section 338.055. Alternately, the board may issue such person a registration, but may authorize the person to work as a pharmacy technician provided that person adheres to certain terms and conditions imposed by the board.  The board shall place on the employment disqualification list the name of an applicant who the board has refused to issue a certificate of registration as a pharmacy technician, or the name of a person who the board has issued a certificate of registration as a pharmacy technician but has authorized to work under certain terms and conditions.  The board shall notify the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621.

  3.  If an applicant has submitted the required fee and an application for registration to the board of pharmacy, the applicant for registration as a pharmacy technician may assist a licensed pharmacist in the practice of pharmacy as defined in this chapter.  The applicant shall keep a copy of the submitted application on the premises where the applicant is employed.  If the board refuses to issue a certificate of registration as a pharmacy technician to an applicant, the applicant shall immediately cease assisting a licensed pharmacist in the practice of pharmacy.

  4.  A certificate of registration issued by the board shall be conspicuously displayed in the pharmacy or place of business where the registrant is employed.

  5.  Every pharmacy technician who desires to continue to be registered as provided in this section shall, within thirty days before the registration expiration date, file an application for the renewal, accompanied by the fee prescribed by the board.  The registration shall lapse and become null and void thirty days after the expiration date.

  6.  The board shall maintain an employment disqualification list.  No person whose name appears on the employment disqualification list shall work as a pharmacy technician, except as otherwise authorized by the board.  The board may authorize a person whose name appears on the employment disqualification list to work or continue to work as a pharmacy technician provided the person adheres to certain terms and conditions imposed by the board.

  7.  The board may place on the employment disqualification list the name of a pharmacy technician who has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, of a violation of any state, territory or federal drug law, or to any felony or has violated any provision of subsection 2 of section 338.055.

  8.  After an investigation and a determination has been made to place a person's name on the employment disqualification list, the board shall notify such person in writing mailed to the person's last known address:

  (1)  That an allegation has been made against the person, the substance of the allegation and that an investigation has been conducted which tends to substantiate the allegation;

  (2)  That such person's name has been added in the employment disqualification list of the board;

  (3)  The consequences to the person of being listed and the length of time the person's name will be on the list; and

  (4)  The person's right to file a complaint with the administrative hearing commission as provided in chapter 621.

  9.  The length of time a person's name shall remain on the disqualification list shall be determined by the board.

  10.  No hospital or licensed pharmacy shall knowingly employ any person whose name appears on the employee disqualification list, except that a hospital or licensed pharmacy may employ a person whose name appears on the employment disqualification list but the board has authorized to work under certain terms and conditions.  Any hospital or licensed pharmacy shall report to the board any final disciplinary action taken against a pharmacy technician or the voluntary resignation of a pharmacy technician against whom any complaints or reports have been made which might have led to final disciplinary action that can be a cause of action for discipline by the board as provided for in subsection 2 of section 338.055.  Compliance with the foregoing sentence may be interposed as an affirmative defense by the employer.  Any hospital or licensed pharmacy which reports to the board in good faith shall not be liable for civil damages.

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(L. 1997 S.B. 141, A.L. 2004 S.B. 1122, A.L. 2009 S.B. 296)