22 Tex. Admin. Code § 297.7 - Exemption from Pharmacy Technician Certification Requirements
(a) Purpose. This section outlines procedures
to petition the board for an exemption to the certification requirements
established by §568.002 of the Act (relating to Pharmacy Technician
Registration Required). The board will consider petitions for exemption on a
case by case basis.
(b) Long-term
exempt pharmacy technicians. Long-term exempt pharmacy technicians are pharmacy
technicians who, on September 1, 2001, had been continuously employed as a
pharmacy technician in this state for at least 10 years and who received an
exemption from the board.
(c) Rural
county exempt pharmacy technicians. Rural county exempt pharmacy technicians
are pharmacy technicians working in counties with a population of 50,000 or
less and meet the following requirements.
(1)
Eligibility. An individual may petition the board for an exemption from the
certification requirements established by §568.002 of the Act (relating to
Pharmacy Technician Registration Required) if the individual works in a county
with a population of 50,000 or less.
(2) Petition process.
(A) An individual shall petition the board
for the exemption. The petition shall contain the following:
(i) name of the individual;
(ii) name, address, and license number of the
pharmacy where the individual is employed;
(iii) name of the county in which the
pharmacy is located and the most recent official population estimate for the
county from the Texas State Data Center;
(iv) a notarized statement signed by the
individual stating:
(I) the reason(s) the
individual is asking for the exemption, including reason(s) the individual has
not taken and passed a pharmacy technician certification examination approved
by the board; and
(II) that the
information provided in the petition is true and correct; and
(v) a notarized statement signed
by the pharmacist-in-charge of the pharmacy the individual is currently
working, stating that the:
(I)
pharmacist-in-charge supports the individual's petition for
exemption;
(II) individual has
completed the pharmacy technician training program at the pharmacy;
and
(III) pharmacist-in-charge has
personally worked with and observed that the individual is competent to perform
the duties of a pharmacy technician.
(B) Each petition shall be considered on an
individual basis. In determining whether to grant the exemption, the board
shall consider the information contained in the petition and additional
information including the following:
(i) the
accuracy and completeness of the petition;
(ii) reason(s) the individual is asking for
the exemption;
(iii) the population
of the county;
(iv) the number of
pharmacies located in the county and adjacent counties and the number of
pharmacy technicians working in these pharmacies;
(v) unemployment rate in the county and
adjacent counties; and
(vi) the
following information concerning the pharmacy where the individual is currently
working:
(I) the degree of compliance on
previous compliance inspections; and
(II) history of disciplinary action by the
board or other regulatory agencies against the licenses held by the pharmacy or
pharmacists working at the pharmacy.
(C) After review of the petition, the
individual and the pharmacist-in-charge of the pharmacy where the individual is
working shall be notified in writing of approval or denial of the
petition.
(D) If the petition is
approved, the individual shall register with the board as a pharmacy
technician.
(3)
Limitations.
(A) The exemption granted under
this subsection may only be used at the pharmacy noted in the petition and may
not be transferred to another pharmacy. If the pharmacy technician ceases
employment at the pharmacy or changes employment, the exemption is
canceled.
(B) If the population of
the county exceeds 50,000, the board shall cancel the exemption. The pharmacy
technician and the pharmacist-in-charge of the pharmacy shall be notified when
an exemption is canceled.
(C) If
the exemption granted under subparagraphs (A) or (B) of this paragraph is
cancelled, the pharmacy technician's registration is void and the registration
certificate must be surrendered to the Board.
Notes
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