HR 5491 IHCommentsClose CommentsPermalink

To amend the Public Health Service Act to authorize grants to States to establish and implement programs for registering pharmaceutical technicians.CommentsClose CommentsPermalink

February 26, 2008

Mr. LATOURETTE (for himself, Mr. LYNCH, and Mr. BURTON of Indiana) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend the Public Health Service Act to authorize grants to States to establish and implement programs for registering pharmaceutical technicians.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Pharmacy Technician Training and Registration Act of 2008' or as `Emily's Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds as follows:CommentsClose CommentsPermalink





(1) Common pharmacy technician tasks include calling doctors to authorize prescription refills, putting medications into prescription containers, entering prescriptions into computers, typing drug labels, and, in many States, mixing drugs from raw materials, preparing intravenous solutions, and even preparing chemotherapy treatments.CommentsClose CommentsPermalink





(2) There are few State and no Federal requirements for formal training or certification of pharmacy technicians, according to the Bureau of Labor Statistics (BLS).CommentsClose CommentsPermalink





(3) Employment of pharmacy technicians is expected to grow much faster than the average rate for all occupations through 2014, because, according to the Bureau of Labor Statistics, as the population grows and ages demand for pharmaceuticals will increase dramatically.CommentsClose CommentsPermalink





(4) About 7 out of 10 of pharmacy technician jobs are in retail pharmacies, grocery stores, department stores, or mass retailers, according to the Bureau of Labor Statistics.CommentsClose CommentsPermalink





(5) About 2 out of 10 pharmacy technician jobs are in hospitals, according to the Bureau of Labor Statistics.CommentsClose CommentsPermalink





(6) Millions of medication doses are dispensed annually at hospitals, and a February 2006 study on hospital dispensing errors by the Joint Commission Journal on Quality and Patient Safety found that pharmacists failed to detect more than 20 percent of all filling errors made by pharmacy technicians.CommentsClose CommentsPermalink





(7) The MEDMARX Data Report released in January 2008 revealed that more than 1,400 commonly used drugs are involved in medication errors linked to drug names that look or sound alike. This study reviewed more than 26,000 records from 2003 to 2006. This result is nearly double the number of pairs that were identified in the previous report on this topic in 2004.CommentsClose CommentsPermalink





(8) Since 1992, the Food and Drug Administration has received more than 20,000 voluntary reports of medication errors.CommentsClose CommentsPermalink

SEC. 3. STATE PHARMACEUTICAL TECHNICIAN REGISTRATION PROGRAMS.

Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`Subpart XI--Pharmaceutical Technicians

`SEC. 340H. STATE PHARMACEUTICAL TECHNICIAN REGISTRATION PROGRAMS.

`(a) Grants- The Secretary of Health and Human Services may make grants to States to establish and implement a pharmaceutical technician registration program described in subsection (b).CommentsClose CommentsPermalink





`(b) Registration Program Description- A pharmaceutical technician registration program described in this subsection is a program under which--CommentsClose CommentsPermalink





`(1) the State prohibits an individual from performing the duties of a pharmaceutical technician in such State unless the individual is registered by the State Board of Pharmacy to perform such duties; andCommentsClose CommentsPermalink





`(2) as minimum requirements for such registration, the State requires the individual--CommentsClose CommentsPermalink





`(A) to have attained a secondary school diploma or its recognized equivalent;CommentsClose CommentsPermalink





`(B) to be certified by the Pharmacy Technician Certification Board; andCommentsClose CommentsPermalink





`(C) to have--CommentsClose CommentsPermalink





`(i) attained an associate's degree in pharmacy technology;CommentsClose CommentsPermalink





`(ii) completed a course of training for pharmaceutical technicians accredited by the American Society of Health-System Pharmacists; orCommentsClose CommentsPermalink





`(iii) graduated from a school of pharmacy recognized by the State Board of Pharmacy.CommentsClose CommentsPermalink





`(c) Annual Reporting on Pharmaceutical Technician Errors- As a condition on the receipt of a grant under this section, a State shall agree to submit an annual report to the Secretary of Health and Human Services on pharmaceutical technician errors in the State.CommentsClose CommentsPermalink





`(d) Transitional Period for Practicing Technicians- A State receiving a grant under this section may provide a transitional period for individuals who began practicing as pharmaceutical technicians before the date of the enactment of this section to comply with the requirements of the registration program under this section.CommentsClose CommentsPermalink





`(e) Definitions- In this section:CommentsClose CommentsPermalink





`(1) The term `State Board of Pharmacy' means the regulatory body empowered by the State to regulate the pharmaceutical practice, including granting registrations to and disciplining individuals and companies.CommentsClose CommentsPermalink





`(2) The term `pharmacy technician' means an individual who assists a pharmacist in the performance of his or her pharmacy-related duties.CommentsClose CommentsPermalink





`(3) The term `secondary school' has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink





`(4) The term `Secretary' means the Secretary of Health and Human Services.'.CommentsClose CommentsPermalink

SEC. 4. SENSE OF CONGRESS.

It is the sense of the Congress that State Boards of Pharmacy should strive to ensure--CommentsClose CommentsPermalink





(1) a ratio of 2 pharmaceutical technicians to each pharmacist in hospital settings; andCommentsClose CommentsPermalink





(2) a ratio of 3 pharmaceutical technicians to each pharmacist in other settings, including drug stores.CommentsClose CommentsPermalink