HF4966

Purpose

• Clarify and expand how many pharmacy technicians a pharmacist can supervise, and update the process for allowing more technicians in a pharmacy.
• Remove a separate waiver pathway by the board and tie the exception to certification of at least one technician.

Main Provisions

• Role of technicians and supervision

  • A pharmacy technician may assist a pharmacist in the practice of pharmacy by performing tasks that are not reserved to and do not require the professional judgment of a licensed pharmacist.
  • A pharmacist works under direct supervision and may supervise up to three technicians.

• Allowance to exceed the standard ratio

  • A pharmacy may exceed the ratio of pharmacy technicians to pharmacists by one additional technician at any given time, provided at least one technician in the pharmacy holds a valid certification from the Pharmacy Technician Certification Board or another nationally recognized certification body that requires passage of a nationally recognized exam.
  • The Board of Pharmacy may, by rule, set ratios for the functions described in the rule, but must not set ratios greater than three to one for those functions.

• Repeal of the current waiver process

  • Minnesota Statutes section 151.102 subdivision 2, which previously allowed waivers to supervise more than three technicians, is repealed.
  • Under the old system, a pharmacist-in-charge could petition the board for authorization to supervise more than three technicians, with a deemed-approval timeline (90 days after the board receives the petition unless denied with reasons).

How this changes current law

• Replaces a board-waiver pathway with a certification-based exception to the standard supervision ratio.
• Keeps a hard cap in the rulemaking context (three technicians per pharmacist) for the functions covered by the rule, but allows a one-technician-for-this-exception if a certified technician is present.
• Shifts authority away from automatic waivers toward certification requirements and potential rule-based adjustments by the Board of Pharmacy.

Implementation and Administration

• Certification requirements
  • The extra technician beyond the standard ratio requires at least one technician to hold a valid national certification (e.g., Pharmacy Technician Certification Board) with a psychometrically valid exam.
• Rulemaking
  • The Board of Pharmacy can specify which functions are subject to the ratio, but cannot set a higher ratio than three to one for those functions.
• Oversight and safety
  • Pharmacists remain responsible for all work performed by technicians under their supervision, maintaining accountability for patient care and safety.

Practical Impact

• Pharmacy workflow
  • In busiest settings, pharmacies may operate with one additional technician beyond the standard limit if a certified technician is on site, potentially improving efficiency.
• Training and certification emphasis
  • Increases emphasis on technician certification as a condition for expanded staffing flexibility.
• Patient safety considerations
  • Maintains pharmacist responsibility and requires careful supervision to ensure tasks do not require professional judgment.

Relevant Terms pharmacy technician, pharmacist, supervision, ratio, three to one, certification, Pharmacy Technician Certification Board, national certification body, psychometrically valid, Board of Pharmacy, waiver, petition, deemed approved, pharmacist-in-charge, practice of pharmacy, patient care, safety