SB 227 - This act establishes provisions for the registration of pharmacy technician. An applicant for a pharmacy technician with the Board of Pharmacy. Such applicant shall submit to the Board the required fee and written application, to be provided by the Board.

If an applicant has submitted the fees and application for registration, such applicant may assist a licensed pharmacist for up to ninety days prior to the issuance of a certificate of registration. The Board shall maintain an employment disqualification list of names of all pharmacy technicians who have violated specific subdivisions of section 388.055 RSMo.

If the name of a pharmacy technician is to be placed on the employment disqualification list, the Board shall notify that person in writing informing the person of the allegations, that an investigation has been conducted which substantiates the allegations, the person's name will be placed on the list, the consequences of being listed and the length of time the person's name will be on the list and the person's right to appeal the decision.

No licensed pharmacy shall knowingly employ any person whose name appears on the employee disqualification list.

The act would also allow a pharmacist who receives a prescription for a brand name drug to use a more cost effective generically equivalent product unless the prescriber, in the prescriber's own handwriting, clearly states on the face of the prescription "brand medication necessary". If an oral prescription is involved, the prescriber or an agent may instruct the pharmacist as to whether a generic drug may be substituted.

The act also requires the Board of Pharmacy, not the Department of Economic Development, to publish a list of drug products for which substitution shall not be permitted. No entity may mandate the substitution of any other drug, whether more cost effective or not, for any drug which has been determined by the FDA to be classified as a narrow therapeutic index drug, unless expressly authorized by the prescribing health care professional.

The act changes the number of continuing education courses necessary for the renewal of a pharmacy license from ten to twenty-five.

The Board of Pharmacy is not required to collect or process fees for testing if the fees are paid by licensed applicants or licensees directly to the testing service and if no part of the fee is remitted to the board from the testing service.

In addition, the period that pharmacies must keep files is reduced from five years to three years. Records maintained by a pharmacy that contain medical or drug information on patients or the care the patient is receiving shall be considered to be confidential and shall only be released to standards set by the Board.

The act grants the Board of Pharmacy subpoena power in connection with any investigation or hearing conducted by the Board. The Board is also granted the power to issue letters of reprimand, censure or warning to any licensed pharmacist or pharmacy technician and may impose limitations, conditions or restrictions on a license or a registration.

The Board may promulgate regulations establishing various permit classifications and standards of the operation of pharmacies and may enjoin a person from engaging in any practice or business authorized by a certificate of registration upon a showing that the holder presents a probability of serious danger to the health, safety or welfare of any resident of the state, client or patient.
CHERYL GRAZIER