1.1                          A bill for an act 
  1.2             relating to occupations and professions; allowing the 
  1.3             board of pharmacy to grant waivers to pharmacists 
  1.4             regarding the ratio of pharmacists to pharmacy 
  1.5             technicians; modifying requirements for the ratio of 
  1.6             pharmacists to pharmacy technicians; amending 
  1.7             Minnesota Statutes 1998, section 151.102. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 151.102, is 
  1.10  amended to read: 
  1.11     151.102 [PHARMACY TECHNICIAN.] 
  1.12     Subdivision 1.  [GENERAL.] A pharmacy technician may assist 
  1.13  a pharmacist in the practice of pharmacy by performing 
  1.14  nonjudgmental tasks and works under the personal and direct 
  1.15  supervision of the pharmacist.  A pharmacist may supervise two 
  1.16  technicians, as long as the pharmacist assumes responsibility 
  1.17  for all the functions performed by the technicians.  ~~Nothing in~~ 
  1.18  ~~this section prohibits the board of pharmacy from operating~~ 
  1.19  ~~according to established rules setting~~ The board of pharmacy 
  1.20  may, by rule, set ratios of technicians to pharmacists greater 
  1.21  than two to one for the functions specified in rule.  A pharmacy 
  1.22  technician who holds a valid certification from a pharmacy 
  1.23  technician certification board or any other recognized 
  1.24  certifying body approved by the board shall not be counted as a 
  1.25  pharmacy technician for purposes of complying with the ratio of 
  1.26  pharmacy technicians to pharmacists allowed in this section or 
  2.1   in rule.  The delegation of any duties, tasks, or functions by a 
  2.2   pharmacist to a pharmacy technician is subject to continuing 
  2.3   review and becomes the professional and personal responsibility 
  2.4   of the pharmacist who directed the pharmacy technician to 
  2.5   perform the duty, task, or function.  
  2.6      Subd. 2.  [WAIVERS BY BOARD PERMITTED.] A pharmacist in 
  2.7   charge in a pharmacy may petition the board for authorization to 
  2.8   allow a pharmacist to supervise more than two pharmacy 
  2.9   technicians.  The pharmacist's petition must include provisions 
  2.10  addressing the maintenance of patient care and safety.  A 
  2.11  petition filed with the board under this subdivision shall be 
  2.12  deemed approved 90 days after the board receives the petition, 
  2.13  unless the board denies the petition within 90 days of receipt 
  2.14  and notifies the petitioning pharmacist of the petition's denial 
  2.15  and the board's reasons for denial.