SF5234

Purpose

This bill aims to adjust how pharmacy technicians work with pharmacists by changing supervision ratios and removing an existing waiver process. It seeks to update Minnesota law to reflect modern staffing and certification practices in pharmacies while prioritizing patient safety.

Main provisions

• A pharmacy technician may assist a pharmacist by performing tasks that do not require the pharmacist’s professional judgment, and must work under the pharmacist’s direct supervision. A pharmacist may supervise up to three technicians.
• A pharmacy may exceed this technician-to-pharmacist ratio by one technician at any given time if at least one technician in the pharmacy holds a valid national certification from the Pharmacy Technician Certification Board (PTCB) or another national certification body that requires passing a nationally recognized psychometrically valid certification examination, as determined by the Board of Pharmacy.
• The Board of Pharmacy may establish rules and must not set ratios greater than three to one for the functions specified in those rules.
• The bill repeals Minnesota Statutes 2024 section 151.102 subdivision 2, which previously allowed waivers by the board permitting supervision of more than three technicians. The repealed subdivision also included a process where a pharmacist-in-charge could petition the board for authorization to supervise more than three technicians, with automatic or near-automatic approval timelines (as described in the repealed text).

Significant changes to existing law

• Removes the statutory waiver mechanism that previously allowed pharmacies to exceed the 3:1 ratio without a certification-based exception.
• Establishes a certification-based exception to the standard 3:1 ratio (allowing a one-technician overage if a certified technician is present).
• Introduces a rulemaking role for the Board of Pharmacy to set permissible ratios for the specified functions, with a baseline cap of 3:1 for those functions.
• Repeals the separate waivers process and the associated provisions that governed how such waivers were granted or deemed approved.

How it would work in practice (summary)

• Pharmacies would typically employ up to three technicians per pharmacist unless a certified technician is present, in which case they may have one additional technician (for a potential 4:1 scenario) for tasks that fall under the rule-defined functions.
• The Board of Pharmacy would issue rules detailing which functions these ratios apply to and how the certification condition is implemented.
• The old system allowing board-approved waivers to exceed the ratio would no longer exist, shifting to the new statute and rule-based framework.

Relevant Terms - pharmacy technician - pharmacist - supervision - Board of Pharmacy - Pharmacy Technician Certification Board (PTCB) - national certification body - psychometrically valid certification examination - ratio - three to one (3:1) - functions specified in rule - waivers by board - repeal - certification-based exception