Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be registered and approved by the Board as a pharmacy technician before the individual may perform delegated pharmacy acts.
This section does not apply to:
A pharmacy technician trainee under the direct supervision of a licensed pharmacist provided that the individual does not perform delegated pharmacy acts for more than 6 months; or
A pharmacy student who:
Is currently completing the first year of a professional pharmacy education program; and
Under the direct supervision of a licensed pharmacist, performs delegated pharmacy acts in accordance with regulations adopted by the Board.
To qualify for registration an applicant shall be an individual who:
Is currently certified by a national pharmacy technician certification program and complies with subsection (b)(6) of this section; or
Meets the requirements of this section.
The applicant shall:
Be of good moral character;
Be at least 17 years old;
Be a high school graduate or have attained a high school equivalency; or
Be enrolled and in good standing at a high school; or
Meet the requirements in subsection (d) of this section;
Have successfully passed an examination approved by the Board;
Complete a pharmacy technician training program approved by the Board that:
Includes 160 hours of work experience; and
Is no longer than 6 months’ duration; and
Submit a request for a State criminal history records check.
The Board may not approve an application until the State criminal history records check is completed.
If an applicant does not meet the requirements of subsection (b)(3) through (5) of this section, the applicant qualifies for registration if:
The applicant has worked in the pharmacy area of a pharmacy operated by the same pharmacy permit holder since January 1, 2006;
The pharmacy permit holder for whom the applicant works attests in writing that the applicant has worked in the pharmacy area operated by the pharmacy permit holder continuously since January 1, 2006;
A pharmacist who has supervised the applicant for at least 6 months attests in writing that the individual has performed competently; and
The applicant otherwise meets the requirements of subsection (b) of this section.
An individual, at least 16 years and 6 months old, may begin fulfilling the pharmacy technician registration requirements under this subtitle.
Subject to the provisions of this subsection, the Board may waive any requirement of this subtitle for an individual who is registered as or has worked as a pharmacy technician in another state.
The Board may grant a waiver under this subsection only if the applicant:
Pays the application fee required under § 12-6B-03 of this subtitle; and
Provides sufficient evidence that the applicant was registered in a state with registration or licensing requirements that are substantially similar to the registration requirements of this subtitle; or
Has worked as a pharmacy technician in another state and satisfies any additional requirements established by the Board in regulation.
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
An applicant shall apply to the Central Repository for a State and national criminal history records check.
As part of the application for a criminal history records check, an applicant shall complete and submit to the Central Repository:
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information.
Information obtained from the Central Repository under this section:
Is confidential;
May not be redisseminated; and
May be used only for the licensing purpose authorized by this title.
The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
An applicant for registration shall:
Submit an application to the Board on the form that the Board requires;
Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of the completion of a pharmacy technician training program under § 12-6B-02(b)(5) of this subtitle;
Unless otherwise qualified under § 12-6B-02(a) or (d) of this subtitle, provide documentation of having successfully completed an examination approved by the Board;
Submit to a request for a State criminal history records check; and
Pay the application fees set by the Board.
The application shall be signed by the applicant.
The Board shall register as a pharmacy technician any applicant who meets the requirements of this subtitle.
The Board may set reasonable fees for the issuance and renewal of registrations and other services.
The fees charged shall be set so as to approximate the cost of registering pharmacy technicians.
A registered pharmacy technician shall notify the Board of each plea of guilty for, conviction of, or entry of a plea of nolo contendere for a felony or a crime involving moral turpitude, regardless of whether:
An adjudication of guilt or sentencing or imposition of sentence is withheld; or
Any appeal or other proceeding is pending regarding the matter.
The registered pharmacy technician shall notify the Board within 7 days of the conviction or entry of the plea.
Registration authorizes a registered pharmacy technician to perform delegated pharmacy acts as defined in § 12–101 of this title while the registration is effective.
A registered pharmacy technician or a pharmacy technician trainee may not:
Act within the parameters of a therapy management contract as provided under Subtitle 6A of this title;
Make decisions that require the professional judgment of a pharmacist;
Delegate a pharmacy act that was delegated to the registered pharmacy technician or individual engaging in a Board approved technician training program; or
Perform other functions prohibited by regulations adopted by the Board.
A registered pharmacy technician may administer, in accordance with § 12–508 of this title:
An influenza, COVID–19, or pneumonia vaccination to an individual at least 18 years old; and
A respiratory syncytial virus or shingles vaccination to an individual at least 50 years old.
Except as provided in paragraph (1) of this subsection, a registered pharmacy technician may not administer a vaccination in accordance with § 12–508 of this title.
A pharmacy technician trainee may not administer a vaccination in accordance with § 12–508 of this title.
Unless the registration is renewed for an additional term as provided in this section, registration expires on the date set by the Board.
The ability of a registered pharmacy technician to function as a pharmacy technician terminates on the date of expiration of the pharmacy technician’s registration unless renewed.
Registration may not be renewed for a term longer than 2 years.
Except as provided in paragraph (2) of this subsection, the Board shall send to each registered pharmacy technician, at least 1 month before a registration expires, a renewal notice by electronic means to the last known e–mail address of the registered pharmacy technician.
If requested by a registered pharmacy technician, the Board shall send to the registered pharmacy technician a renewal notice by first–class mail to the last known address of the registered pharmacy technician.
If a renewal notice sent by electronic means under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall send the registered pharmacy technician a renewal notice by first–class mail to the last known address of the registered pharmacy technician.
A renewal notice sent under this subsection shall state:
The date on which the current registration expires;
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the registration expires; and
The amount of the renewal fee.
A registered pharmacy technician periodically may renew a pharmacy technician’s registration for an additional 2–year term, if the registered pharmacy technician:
Otherwise is entitled to be registered as a pharmacy technician;
Submits to the Board a renewal application on the form that the Board requires;
Meets the continuing education requirements set by the Board under this section; and
Pays to the Board a renewal fee set by the Board.
In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of registrations under this section.
The Board shall renew the registration of each pharmacy technician who meets the requirements of this section.
Except as provided in paragraph (2) of this subsection, the registration of a pharmacy technician who qualified for registration under § 12–6B–02(d) of this subtitle permanently expires on the date the registered pharmacy technician’s employment terminates with the pharmacy permit holder that made the attestation required under § 12–6B–02(d) of this subtitle.
Paragraph (1) of this subsection does not apply to the registration of a pharmacy technician who:
At the time of termination, notifies the Board of the termination date;
Resumes working as a pharmacy technician within 1 year of the termination date; and
Notifies the Board of the date the registered pharmacy technician begins employment after the termination date.
Each registered pharmacy technician shall:
Display the pharmacy technician’s registration in the office or place of business in which the pharmacy technician is working; or
Have the registration on the pharmacy technician’s person available for viewing.
When performing delegated pharmacy acts, the registered pharmacy technician shall wear identification that conspicuously identifies the registered pharmacy technician as a registered pharmacy technician.
Subject to the hearing provision of § 12–315 of this title, the Board may deny a pharmacy technician’s registration to any applicant, reprimand a registered pharmacy technician, place any pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration if the applicant or pharmacy technician registrant:
Performs an act that is restricted to a licensed pharmacist;
Fraudulently or deceptively obtains or attempts to obtain a pharmacy technician’s registration for the applicant or assists or attempts to assist another in fraudulently or deceptively obtaining a pharmacy technician’s registration;
Fraudulently uses a pharmacy technician’s registration;
Knowingly aids an unauthorized individual to practice pharmacy or to represent that the individual is a licensed pharmacist or registered pharmacy technician;
Performs delegated pharmacy acts while:
Under the influence of alcohol; or
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
Submits a false statement to collect a fee;
Willfully makes or files a false report or record as part of the registered pharmacy technician’s duties or employment;
Willfully fails to file or record any report that is required by law;
Willfully impedes or obstructs the filing or recording of any report that is required by law;
Willfully induces another to fail to file or record any report that is required by law;
Provides or causes to be provided to any authorized prescriber prescription forms that bear the name, address, or other means of identification of a pharmacist or pharmacy;
Provides remuneration to an authorized prescriber for referring an individual to a licensed pharmacist, registered pharmacy technician, or pharmacy for a product or service to be provided by that licensed pharmacist, registered pharmacy technician, or pharmacy;
Agrees with an authorized prescriber or pharmacist to prepare or dispense a secret formula prescription;
Except as to an association that has remained in continuous existence since July 1, 1963, associates as a partner, co–owner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers;
Knowingly aids a pharmacist in dispensing any drug, device, or diagnostic for which a prescription is required without a written, oral, or electronically transmitted prescription from an authorized prescriber;
Unless an authorized prescriber authorizes the refill, refills a prescription for any drug, device, or diagnostic for which a prescription is required;
Violates any labeling requirements in this title;
Violates any provision of § 12–603 of this title, which concerns the home dialysis distribution program;
Advertises or otherwise publicly claims to dispense prescriptions in a superior manner;
Advertises in a manner that tends to deceive or defraud the public;
Is physically or mentally incompetent;
Pleaded guilty or nolo contendere to, or has been found guilty of, a felony or a crime involving moral turpitude, regardless of whether:
An adjudication of guilt or sentencing or imposition of sentence is withheld; or
Any appeal or other proceeding is pending regarding the matter;
Violates any provision of this title;
Is disciplined by a licensing, registering, or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Violates any regulation adopted by the Board;
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the registered pharmacy technician is registered and qualified to render because the individual is HIV positive;
Participates in any activity that is grounds for Board action under § 12–313 or § 12–409 of this title;
Provides or causes to be provided confidential patient information to any person without first having obtained the patient’s consent, as required by § 12–403(c)(13) of this title and by Title 4, Subtitle 3 of the Health – General Article;
Fails to cooperate with a lawful investigation conducted by the Board or the Office of Controlled Substances Administration;
Performs delegated pharmacy acts in an incompetent manner; or
Performs delegated pharmacy acts that are inappropriate based on the registered pharmacy technician’s education, training, and experience.
If after a hearing under § 12-315 of this title, the Board finds that there is a ground under § 12-6B-09 of this subtitle to reprimand a registered pharmacy technician, place a pharmacy technician’s registration on probation, or suspend or revoke a pharmacy technician’s registration, the Board may impose a penalty not exceeding $2,500:
Instead of reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration; or
In addition to reprimanding the registered pharmacy technician, placing the registered pharmacy technician on probation, or suspending or revoking the pharmacy technician’s registration.
The Board shall adopt regulations to set standards for the imposition of penalties under this section.
The Board shall pay any penalty collected under this section into the General Fund of this State.
Unless the Board agrees to accept the surrender of a pharmacy technician’s registration, a registered pharmacy technician may not surrender the pharmacy technician’s registration nor may the pharmacy technician’s registration lapse by operation of law while the registered pharmacy technician is under investigation or while charges are pending against the registered pharmacy technician.
The Board may set conditions on its agreement with the registered pharmacy technician under investigation or against whom charges are pending to accept the surrender of the pharmacy technician’s registration.
Except as otherwise provided in this title, an individual may not work, attempt to work, or offer to work as a registered pharmacy technician in this State unless registered with the Board.
An individual may not obtain a pharmacy technician’s registration by making a false representation.
On conviction of an individual for making a false representation to the Board in order to register as a pharmacy technician, the pharmacy technician’s registration is void.
Except as otherwise provided in this subtitle, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is registered to work as a registered pharmacy technician unless registered in accordance with this subtitle.
Except as otherwise provided in this subtitle, an individual may not use the terms “registered pharmacy technician” or “pharmacy technician” with the intent to represent that the individual is authorized to work as a registered pharmacy technician unless registered as a pharmacy technician under this subtitle.