Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 63-H.F.No. 1714 
                  An act relating to occupations and professions; 
                  allowing the board of pharmacy to grant waivers to 
                  pharmacists regarding the ratio of pharmacists to 
                  pharmacy technicians; amending Minnesota Statutes 
                  1998, section 151.102. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 151.102, is 
        amended to read: 
           151.102 [PHARMACY TECHNICIAN.] 
           Subdivision 1.  [GENERAL.] A pharmacy technician may assist 
        a pharmacist in the practice of pharmacy by performing 
        nonjudgmental tasks and works under the personal and direct 
        supervision of the pharmacist.  A pharmacist may supervise two 
        technicians, as long as the pharmacist assumes responsibility 
        for all the functions performed by the technicians.  Nothing in 
        this section prohibits the board of pharmacy from operating 
        according to established rules setting The board of pharmacy 
        may, by rule, set ratios of technicians to pharmacists greater 
        than two to one for the functions specified in rule.  The 
        delegation of any duties, tasks, or functions by a pharmacist to 
        a pharmacy technician is subject to continuing review and 
        becomes the professional and personal responsibility of the 
        pharmacist who directed the pharmacy technician to perform the 
        duty, task, or function.  
           Subd. 2.  [WAIVERS BY BOARD PERMITTED.] A pharmacist in 
        charge in a pharmacy may petition the board for authorization to 
        allow a pharmacist to supervise more than two pharmacy 
        technicians.  The pharmacist's petition must include provisions 
        addressing the maintenance of patient care and safety.  A 
        petition filed with the board under this subdivision shall be 
        deemed approved 90 days after the board receives the petition, 
        unless the board denies the petition within 90 days of receipt 
        and notifies the petitioning pharmacist of the petition's denial 
        and the board's reasons for denial. 
           Presented to the governor April 13, 1999 
           Signed by the governor April 16, 1999, 12:15 p.m.