DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

DIRECTOR’S OFFICE

 

PHARMACY TECHNICIANS

 

Filed with the secretary of state on

 

These rules become effective take effectimmediately uponafter filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

 

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 1770716184, 16186, 16201, 16204, 16205, 16215, 16287, 17731, 17739, 17739a, 17739b, and 17739c, of the public health code, 1978 PA 368, as amended, MCL 333.16145(3), 333.16148, 333.17703, 333.17707, 333.16184, 333.16186, 333.16201, 333.16204, 333.16205, 333.16215, 333.16287, 333.17731, 333.17739, 333.17339a, 333.17739b, and 333.17739c and Executive Reorganization Order Nos. 1996-11991-9, 1996-2, 2003-1, and 2011-4, MCL 330.3101338.3501, 445.2001, 445.2011, and 445.2030)

 

R 338.3651, R 338.3652, R 338.3653, R 338.3654, R 338.3655, R 338.3657, R 338.3659,

R 338.3661, R 338.3662, R 338.3663, and R 338.3665 of the Michigan Administrative Code are amended, and  R 338.3651a is added, as follows:

 

R 338.3651  Pharmacy technician licensure; eligibility; examinationDefinitions.

  Rule 1. (1) As used in these rules:

   (a) “ASHP/ACPE” means the American Society of Health-System Pharmacists/Accreditation Council for Pharmacy Education.

   (b) “Board” means the Michigan Board of Pharmacy.

   (c) “CCAPP” means the Canadian Council for Accreditation of Pharmacy Programs.

   (d) “Code” means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

   (e) “Department” means the department of licensing and regulatory affairs.

   (f) “NHA” means the National Healthcareer Association.

   (g) “PTCB” means the Pharmacy Technician Certification Board.

  (2) Unless otherwise defined in these rules, the terms defined in the code have the same meaning when used in these rules.

  (1) An applicant for licensure by examination as a pharmacy technician shall submit a completed application on a form provided by the department, together with the appropriate fee unless the applicant is exempt from filing under any of the following exemptions pursuant to section 17739a(4) of the code MCL 333.17739a:

   (a) A student enrolled in a pharmacy technician program approved by the board under R 338.3655.

   (b) A licensee who holds a temporary pharmacy technician license under R 338.3652 and section 17739b of the code, MCL 333.17739b.

   (c) A licensee who holds a limited pharmacy technician licensee under section 17739c of the code, MCL 333.17739c.

  (2) In addition to meeting the requirements of section 16174 of the code, MCL 333.16174, an applicant shall comply with all of the following requirements:

   (a) Have graduated from an accredited high school or comparable school or educational institution or passed the general educational development test or the graduate equivalency examination.

  (b) Have passed and provided proof to the department of passing any of the following examinations:

    (i) The certified pharmacy technician examination given by the Pharmacy Technician Certification Board (PTCB) or the National Healthcareer Association (NHA).

    (ii) A nationally recognized and administered pharmacy technician certification examination that has been approved by the board under R 338.3654.

    (iii) An employer-based training program examination that has been approved by the board under R 338.3654.

   (c) Beginning March 16, 2021, an applicant shall submit proof of having completed training in identifying victims of human trafficking as required in R 338.3659.

 

R 338.3651a  Pharmacy technician licensure; eligibility; examination.

  Rule 1a. (1) An applicant for licensure by examination shall submit a completed application on a form provided by the department, together with the appropriate fee, unless the applicant is exempt from filing under any of the following exemptions pursuant to section 17739a(4) of the code, MCL 333.17739a:

   (a) A student, while the student is enrolled in a pharmacy technician program approved by the board under R 338.3655.

   (b) A licensee who holds a temporary pharmacy technician license under R 338.3652 and section 17739b of the code, MCL 333.17739b.

   (c) A licensee who holds a limited pharmacy technician license under section 17739c of the code, MCL 333.17739c.

  (2) In addition to meeting the requirements of R 338.7001 to R 338.7005, another rule promulgated under the code, and section 16174 of the code, MCL 333.16174, an applicant shall comply with all of the following requirements:

   (a) Have graduated from an accredited high school or comparable school or educational institution or passed the general educational development test or the graduate equivalency examination.

  (b) Have passed and provided proof to the department of passing any of the following examinations:

    (i) The certified pharmacy technician examination given by the PTCB or the NHA.

    (ii) A nationally recognized and administered pharmacy technician certification examination that has been approved by the board under R 338.3654.

    (iii) An employer-based training program examination that has been approved by the board under R 338.3654.

   (c) An applicant shall submit proof of having completed the 1-time training in identifying victims of human trafficking as required in R 338.3659 and section 16148 of the code, MCL 333.16148.

  (3) An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following:

   (a) Disclose each license, registration, or certification on the application form.

   (b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, which includes verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.

 

R 338.3652 Temporary license.

  Rule 2. (1) Subject to the limitations in section 16181 of the code, MCL 333.16181, and under section 17739b, of the code, MCL 333.17739b, the department may issue a nonrenewable, temporary license to an applicant who is preparing for the proficiency examination and has completed all requirements for licensure as a pharmacy technician under R 338.3651a except passing the proficiency examination required under section 17739a(1)(d) of the code, MCL 333.17739a.

  (2) An applicant applying for a pharmacy technician temporary license shall submit a completed application on a form provided by the department, together with the appropriate fee.

  (3) The temporary license expires 1 year after the date the temporary license is issued.

 

 R 338.3653  Licensure by endorsement.

   Rule 3. (1) An applicant who has never held a pharmacy technician license in this state, but who is licensed in another state, may apply for licensure by endorsement shall by submitsubmitting a completed application on a form provided by the department, together with the requisite fee.

  (2) An applicant is presumed to meet the requirements of section 16186 of the code, MCL 333.16186, who meets if they meet the requirements of R 338.7001 to R 338.7005, another rule promulgated under the code, and section 16174 of the code, MCL 333.16174, as well as all of the following requirements: of this rule is presumed to meet the requirements of section 16186 of the code, MCL 333.16186.

  (2) An applicant shall satisfy all of the following requirements:

   (a) HaveHas graduated from an accredited high school or comparable school or educational institution, or passed the general educational development test or the graduate equivalency examination. 

   (b) SatisfySatifies the requirements in section 16174(2) of the code, MCL 333.16174, which includes verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.

   (c) HoldHolds a pharmacy technician license or registration by examination in another state that is active and in good standing. 

    (d) SubmitSubmits proof that the applicant passed 1 of the approved examinations specified in R 338.3651a(2)(b).

    (e) Submits proof of having completed the 1-time training in identifying victims of human trafficking as required in R 338.3659 and section 16148 of the code, MCL 333.16148.

  (3) In addition to meeting the requirements of subrules (1) and (2) of this rule, an applicant’s license must be verified, on a form provided by the department, by the licensing agency of any state in which the applicant holds a current license or ever held a license as a pharmacy technician. Verification must be sent directly to the department from the licensing agency and include the record of any disciplinary action taken or pending against the applicant.

   (f) Discloses each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form.

 

R 338.3654  Examination requirements; board approval; approval process. 

  Rule 4. (1) Except for the PTCB and NHA examinations, a nationally recognized pharmacy technician proficiency certification examination and an employer-based training program proficiency examination must be approved by the board.

  (2) An employer-based training program proficiency examination must be offered in association with a specific employer-based training program and cover the topics specified in section 17739a(1)(d)(iv) of the code, MCL 333.17739a.

  (3) An entity that offers a nationally recognized pharmacy technician proficiency certification examination shall submit to the department a completed application on a form provided by the department with proof of current national accreditation in order to be approved by the board.  If the examination is nationally accredited, after the department processes the application, it shallmust be considered approved by the board. If national accreditation is lost, the examination will no longer be approved by the board.

  (4) An entity that offers an employer-based training program proficiency examination shall submit to the department a completed application on a form provided by the department and a copy of the examination with the correct answers clearly identified for each question. 

  (5) An entity that offers an employer-based training program proficiency examination shall submit a modification to a proficiency examination during its approval term to the department on a form provided by the department pursuant to the requirements of this rule. 

  (6) Beginning July 1, 2022, Except for PTCB and NHA, a nationally recognized certification proficiency examination or employer-based training program proficiency examination approved by the board before July 1, 2022, shall submit an application consistent with this rule for approval by December 31, 2023, or the program will no longer be listed as a board-approved program.

  (7) Beginning July 1, 2022, the The board’s approval of an examination expires 5 years after the date of approval.

  (8) One year after the effective date of this rule, a board-approved proficiency examination must have a minimum passing score of 70%.

 

 R 338.3655  Approved pharmacy technician programs.

   Rule 5. (1) The following pharmacy technician programs are considered board-approved after a completed application on a form provided by the department along with proof of accreditation is submitted to and reviewed by the department:

   (a) A pharmacy technician program including an employer-based training program that is accredited by the American Society of Health-System Pharmacists/Accreditation Council for Pharmacy Education ASHP/ACPE Pharmacy Technician Accreditation Commission (ASHP/ACPE).

   (b) A pharmacy technician program that is offered by an education program that is accredited by the ASHP/ACPE Pharmacy Technician Accreditation Commission or by an agency accredited by the United States Department of Education.

  (2) If eitherany of the following pharmacy technician programs do not meet the requirements in subrule (1) of this rule, the program may apply for board approval by submitting an application to the department on a form provided by the department, along with an attestation form that verifies compliance with the information required in subrule (3) of this rule.:

   (a) A comprehensive curriculum-based pharmacy technician education and training program conducted by a community college under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195 or a school that is licensed pursuant tounder the proprietary schools act, 1943 PA 148, MCL 395.101 to 395.103.

   (b) A pharmacy technician training program utilized by a pharmacy that includes training in the functions, specified in section 17739(1) of the code, MCL 333.17739, and R 338.3665, required to assist the pharmacist in the technical functions associated with the practice of pharmacy.

  (3) The contents of the training programs offered under subrule (2) of this rule must include all of the following:

   (a) The duties and responsibilities of the pharmacy technician and a pharmacist, including the standards of patient confidentiality, and ethics governing pharmacy practice.

   (b) The tasks and technical skills, policies, and procedures related to the pharmacy technician’s position pursuant to the duties specified in section 17739(1) of the code, MCL 333.17739, and R 338.3665.

   (c) The pharmaceutical-medical terminology, abbreviations, and symbols commonly used in prescriptions and drug orders.

   (d) The general storage, packaging, and labeling requirements of drugs, prescriptions, or drug orders.

   (e) The arithmetic calculations required for the usual dosage determinations.

   (f) The essential functions related to drug, purchasing, and inventory control.

   (g) The recordkeeping functions associated with prescriptions or drug orders.

  (4) The pharmacy technician program shall maintain a record of a student’s pharmacy technician training and education, specified in this rule, for 3 years after a student completes or leaves the program, whichever is earlier, that must include all of the following:

   (a) The full name and date of birth of the pharmacy technician student.

   (b) The starting date of the pharmacy technician program and date the student successfully completed the program.

   (c) The program syllabus and activities performed in the program.

  (5) A student shall complete a board-approved pharmacy technician program within 2 years of beginning the program in order to maintain his or herthe student’s exemption from licensure in subrule (6) of this rule, and R 338.3651a.

  (6) A student in a board-approved pharmacy technician program is exempt from, and not eligible for, licensure while in the program.

  (7) A student who is less than 18 years of age, in a board-approved pharmacy technician program, may participate in practical training in the pharmacy.

  (78) Beginning July 1, 2022, a A pharmacy technician program that was board approved before July 1, 2022, mustshall reapply and meet the requirements of this rule by December 31, 2023, or the program will no longer be listed as a board-approved program. Beginning July 1, 2022, theThe board’s approval of a program expires 5 years after the date of approval. After 5 years, upon review by the department, a pharmacy technician program may be reapproved if it has maintained its accreditation.

  (9) If the department determines that a board-approved program is not meeting the standards of the code or these rules, the department may send written notice to the program stating which areas in the program are deficient.  The program has 30 days to fix any deficiency and report back to the department. If the deficiencies are not resolved, the board may withdraw approval.

  (10) Withdrawal of board approval of a program for stated deficiencies that were not remediated does not make any bona fide student enrolled in the program, at the time of withdrawal of approval, ineligible to sit for an approved licensure examination.

 

 R 338.3657  Relicensure requirements for pharmacy technicians.

  Rule 7. (1) An applicant for relicensure whose pharmacy technician license has lapsed in this state under the provisions of section 16201(3) or (4) of the code, MCL 333.16201, as applicable, may be relicensed by complying with the following requirements:

 

(a) For a pharmacy technician who has let his or her whose license lapse in this state has lapsed, and who is not currently licensed in another state:

License Lapsedlapsed

0-3 years.

LapsedLicense lapsed more than 3 years.

(i) Application and fee: SubmitSubmit a completed application on a form provided by the department, together with the requisite fee.

 

 

 

 

(ii) Good moral character: EstablishEstablish that he or shethe applicant is of good moral character as defined in, and determined under, sections 1 to 7 of 1974 PA 381, MCL 338.41 to 338.47.

 

 

 

 

(iii) Submit fingerprints: Submit fingerprints as required under section 16174(3) of the code, MCL 333.16174.

 

 

 

 

(iv) Continuing education:  SubmitSubmit proof of having completed 20 hours of continuing education specified in R 338.3661(1)(c)(1) that was completed within the 2-year period precedingbefore the date of the application for relicensure. If the continuing education hours submitted with the application are deficient, an applicant shall havehas 2 years fromafter the date of the application to complete the deficient hours. The application willmust be held, and the license willmay not be issued until the continuing education requirements have beenare met.

 

 

 

 

 

 

(v) Examination: Within 2 years of the period  preceding the application for relicensure, passpass 1 of the examinations specified in R 338.3651a(2)(b)(i) to (iii).

 

 

(vi) Beginning March 16, 2021, an applicant shall submit Submit proof of having completed a 1-time training in identifying victims of human trafficking as required in R 338.3659 and implicit bias training as required in R 338.7004.

 

 

(vii) Verification: Submit verification from the licensing agency of all other states of the United States in which the applicant has ever held a license to practice as a pharmacy technician. Verification must include the record of any disciplinary action taken or pending against the applicant. An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following:

(A) Disclose each license, registration, or certification on the application form.

(B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, which includes verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.

 

 

 

 

(viii) Meet the English language requirement under R 338.7002b.

 

 

(b) For a pharmacy technician whose license in this state has lapsed, but who holds a current and valid pharmacy technician license in another state:

License lapsed

0-3 years.

License lapsed more than 3 years.

(i) Submit a completed application on a form provided by the department, together with the requisite fee.

 

 

 

 

(ii) Establish that the applicant is of good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.

 

 

 

 

(iii) Submit fingerprints as required under section 16174(3) of the code, MCL 333.16174.

 

 

 

(iv) Submit proof of having completed 20 hours of substantially similar continuing education as required in R 338.3661(1) that were completed within the 2-year period before the application for relicensure. If the continuing education hours submitted with the application are deficient, an applicant has 2 years after the date of the application to complete the deficient hours. The application must be held, and the license may not be issued until the continuing education requirements are met.

 

 

 

 

 

 

 

 

 

(v) Submit proof of having completed a 1-time training in identifying victims of human trafficking as required in R 338.3659 and implicit bias training as required in R 338.7004.

 

 

(vi) Submit verification from the licensing agency of another state of the United States in which the applicant has ever held a license to practice as a pharmacy technician. Verification must include the record of any disciplinary action taken or pending against the applicant. An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following:

(A) Disclose each license, registration, or certification on the application form.

(B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, which includes verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.

 

 

 

 

(vii) Meet the English language requirement under R 338.7002b.

 

 

(2) If relicensure is granted and it is determined that a sanction has been imposed by another state, the United States military, the federal government, or another country, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.

 

R 338.3659.  Training standards for identifying victims of human trafficking; requirements.

  Rule 9. (1) Pursuant toUnder section 16148 of the code, MCL 333.16148, anthe individual licensed or seeking licensure shall have completed complete training in identifying victims of human trafficking that meets the following standards:

    (a) Training content covers all of the following:

      (i) Understanding the types and venues of human trafficking in the United States.

      (ii) Identifying victims of human trafficking in health carehealthcare settings.

      (iii) Identifying the warning signs of human trafficking in health carehealthcare settings for adults and minors.

      (iv) ResourcesIdentifying resources for reporting the suspected victims of human trafficking.

    (b) Acceptable providers or methods of training include any of the following:

      (i) Training offered by a nationally recognized or state-recognized health-related organization.

      (ii) Training offered by, or in conjunction with, a state or federal agency.

      (iii) Training obtained in an educational program that has been approved by the board for initial licensure, or by a college or university.

      (iv) Reading an article related to the identification of victims of human trafficking that meets the requirements of subdivision (a) of this subrule and is published in a peer reviewpeer-review journal, health carehealthcare journal, or professional or scientific journal.

    (c) Acceptable modalities of training include any of the following:

      (i) Teleconference or webinar.

      (ii) Online presentation.

      (iii) Live presentation.

      (iv) Printed or electronic media.

  (2) The department may select and audit a sample of individualsan individual and request documentation of proof of completion of training.  If audited by the department, anthe individual shall provide an acceptable proof of completion of training, including either of the following:

    (a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.  

    (b) A self-certification statement by anthe individual.  The certification statement must include the individual’s name and either1 of the following:

      (i) For training completed pursuant tounder subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.

      (ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of article, author, publication name of the peer reviewpeer-review journal, health carehealthcare journal, or professional or scientific journal, and the date, volume, and issue of publication, as applicable.

  (3) Pursuant to section 16148 of the code, MCL 333.16148, the requirements specified in subrule (1) of this rule apply for license renewals beginning with the first renewal cycle after March 16, 2016, and for initial licenses issued after March 16, 2021.

 

R 338.3661  License renewals; continuing education requirements.

  Rule 11. (1) A licensee seeking renewal of a pharmacy technician’s license, who has been licensed for the 2-year period preceding the end of the license cycle, shall during the 2 years immediately preceding the application for renewal, comply with all of the following:

This rule applies to applications for renewal of a pharmacy technician’s license and a special retired volunteer pharmacy technician’s license under sections 16201 and 16184 of the code, MCL 333.16201 and 333.16184.  A licensee seeking renewal shall comply with all of the following:

    (a) Submit to the department a completed application for renewal on a form provided by the department together with the requisite fee.

    (b) Complete the training in identifying victims of human trafficking as required in R 338.3659.

    (c) Except as otherwise provided in subrule (6) of  this rule, comply with 1 of the following:

      (i) Complete a proficiency examination as specified in R 338.3651(2)(b)(i) to (iii).

      (ii) Complete not less than 20 hours of continuing education courses or programs approved by the board, during the 2 years preceding the application for renewal, that meet all of the following requirements:

        (A) No more than 12 hours of continuing education credit may be earned during a 24-hour period.

        (B) An applicant shall not earn credit for taking the same continuing education course or program twice during 1 renewal period.  

        (C) Not less than 5 of the continuing education credits must be earned by attending live courses, programs or activities that provide for direct interaction with instructors, peers, and participants, including but not limited to lectures, meetings, symposia, real-time teleconferences or webinars, and workshops. 

      (D) Continuing education credit must be earned as follows:

    

Subjects

Number of continuing education hours required or permitted for each activity

(I)

Pain and symptom management relating to the practice of pharmacy.

Minimum: 1 hour

 

(II)

Patient safety.

Minimum: 1 hour

 

(III)

Pharmacy law.

Minimum: 1 hour

 

(IV)

Pharmacy-related subject matter, including the following topics:

Medication or drug distribution.

Inventory control systems.

Mathematics and calculations.

Biology.

Pharmaceutical sciences.

Therapeutic issues.

Pharmacy operations.

Pharmacology, drug therapy, or drug products.

Preparation of sterile products.

Prescription compounding.

Drug repackaging.

Patient interaction, or interpersonal skills, and communication.

Minimum: 17 hours in any combination of the pharmacy-related subject matters included in this subparagraph.  Instruction in each subject is not required. 

 

   

  (2) A continuing education course or program that is offered or approved by any of the following providers is approved by the board: 

        (a) A pharmacy technician educational program that has been approved by the board.

        (b) A course or program approved by another state board of pharmacy.

        (c) A program approved by the ASHP/ACPE.

        (d) A course or program approved by the board under R 338.3663.

  (3) Submission of an application for renewal shall constitute the applicant’s certification of compliance with this rule. The licensee shall retain documentation of meeting the requirements of this rule for a period of 4 years from the date of applying for license renewal. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221.

  (4) A request for a waiver under section 16205 of the code, MCL 333.16205, must be received by the department before the expiration date of the license.

  (5) If audited, a licensee shall submit to the department a copy of a letter or certificate of completion that includes all of the following:

    (a) The licensee’s name.

    (b) The number of hours earned.

    (c) The sponsor name or the name of the organization that approved the program or activity.

    (d) The date on which the program was held or activity completed.

  (6) Effective for applications for renewal that are filed for the renewal cycle that begins 1 year or more after the effective date of this subrule, an applicant shall meet the requirements of this subrule and the requirements in subrules (1)(a) and (b), (3), and (4) of this rule.

  (c) An applicant for license renewal, who has been licensed for the entire 2-year period preceding the end of the license cycle, shall during the 2 years immediately preceding the application for renewal complete not less than 20 hours of continuing education approved by the board under R 338.3662 as follows:

    (a)(i) An applicant for license renewal shall complete 1 hour in pharmacy ethics and jurisprudence, which may be completed in 1 or more courses.

    (b)(ii) An applicant for license renewal shall complete 1 hour in pain and symptom management in the practice of pharmacy that includes, but is not limited to, courses in the following subjects:

      (i)(A) Behavior management.

      (ii)(B) Psychology of pain.

      (iii)(C) Pharmacology.

      (iv)(D) Behavior modification.

      (v)(E) Stress management. 

      (vi)(F) Clinical applications as they relate to professional practice.   

    (c)(iii) An applicant for license renewal shall complete 1 hour in patient safety.

    (d)(iv) An applicant for license renewal shall earn no more than 12 hours of continuing education during a 24-hour period. 

 (e)(v) Except for the 1-time training in human trafficking and the implicit bias training, which may be used to comply with both the training requirement and the continuing education requirement in the same renewal period, an applicant for license renewal may not earn continuing education credit for a program or activity that is identical to a program or activity an applicant has already earned credit for during that renewal period.  

An applicant for license renewal shall not earn credit for taking the same continuing education course or program twice during 1 renewal period.  

    (f)(vi) An applicant for license renewal shall earn not less thanat least 5 hours of continuing education in live, synchronous, courses or programs, in-person or virtual, that provide for the opportunity of direct interaction between faculty and participants, including, but not limited to, lectures, symposia, live teleconferences, and workshops. ACPE courses designated as live meet this requirement.

 courses, programs, or activities that provide for direct interaction with instructors, peers, and participants including, but not limited to, lectures, meetings, symposia, real-time teleconferences or webinars, and workshops.   

  (2) Submission of an application for renewal constitutes the applicant’s certification of compliance with this rule. The licensee shall retain documentation of meeting the requirements of this rule for a period of 4 years from the date of applying for license renewal. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221.

  (3) A request for a waiver under section 16205 of the code, MCL 333.16205, must be received by the department for the board’s consideration at least 30 days before the last regularly scheduled board meeting before the expiration date of the license. The public notice for the board meetings can be found here:

https://www.michigan.gov/lara/bureau-list/bpl/health/hp-lic-health-prof/pharmacy.

 (4) Continuing education that is earned during the 60-day grace period may be included up to the date the application for renewal is filed.

 

R 338.3662  Format of acceptable continuing education for licensees.

  Rule 12. Effective for applications for renewal that are filed for the renewal cycle that begins 1 year or more after the effective date of this subrule, the The board shall consider all of the following as acceptable continuing education:  

 

Format of Acceptable Continuing Education activities

                   Type of Activity                                

Number/Maximum Hours Earned

(a)

Completion of an approved continuing education course or program related to the practice of pharmacy. A continuing education course or program is approved, regardless of the format in which it is offered, if it is approved or offered for continuing education credit by any of the following:

·       A pharmacy program accredited by the ASHP/ACPE Pharmacy Technician Accreditation Commission or the Canadian Council for Accreditation of Pharmacy Programs (CCAPP).

·       A continuing education sponsoring organization, institution, or individual approved by the ASHP/ACPE.

·       Another state board of pharmacy.

 

If audited, a licensee shall submit to the department a copy of a letter or certificate of completion showing the licensee’s name, number of hours earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date on whichthat the program was held, or activity completed.

The number of hours earned will be the number of hours approved by the sponsor or the approving organization.

 

If the activity was not approved for a set number of hours, then 1 credit hour for every 50 minutes of participation may be earned. 

 

No limitation on the number of hours earned.

 

 

(b)

Completion of pharmacy practice or administration courses offered for credit in a pharmacy program accredited by the ASHP/ACPE Pharmacy Technician Accreditation Commission or the CCAPP. 

 

If audited, a licensee shall submit to the department an official transcript that reflects completion of the postgraduate pharmacy practice or administration course and number of semester or quarter credit hours earned. 

Twelve hours of continuing education will be credited for each academic quarter credit earned and 18 hours will be credited for each academic semester credit earned.

 

No limitation on the number of hours earned.

(c)

Participation in a home study program offered through an ASHP/ACPE-approved provider or other instructional approaches that include an evaluation component including, but not limited to, on-lineonline continuing education programs and journal articles.
 
If audited, a licensee shall submit to the department an affidavit attesting to the number of hours the licensee spent participating in the home study program that includes a description of the activity.

One hour will be earned for each hour devoted to a home study program.

 

 

A maximum of 20 hours may be earned per renewal period.

(d)

Renewal of a pharmacy technician license held in another state that requires continuing education for license renewal that is substantially equivalent in subject matter and total amount of required hours to that required in these rules if the licensee resides and practices in another state.

 

If audited, a licensee shall submit to the department proof of current licensure in another state and a copy of a letter or certificate of completion showing all of the following: the licensee’s name, number of hours earned, the sponsor’s name or the name of the organization that approved the program or activity for continuing education credit, and the date on whichthat the program was held or the activity was completed.

Twenty hours will be earned.

 

A maximum of 20 hours may be earned in each renewal period.

(e)

Initial publication of an article or a chapter related to the practice of pharmacy in either of the following:

·       A pharmacy textbook.

·       A peer reviewedpeer-reviewed journal.

 

If audited, a licensee shall submit to the department a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

Ten hours will be earned per publication.

 

A maximum of 10 hours may be earned in each renewal period.

(f)

Presentation of a continuing education program approved by the board under R 338.3663 or subdivision (a) of this rule that is not a part of the licensee’s regular job description.

 

If audited, a licensee shall submit to the department a copy of the curriculum and a letter from the program sponsor verifying the length and date of the presentation.

Two hours will be earned for every 50 minutes devoted to presenting the program.

 

A maximum of 102 hours may be earned in each renewal period. This change is effective starting with the next full license cycle after promulgation of this rule.

(g)

Attendance at a pharmacy-related program, that is approved by the board pursuant to R 338.3663.

 

If audited, a licensee shall submit to the department a copy of a letter or certificate of completion showing the licensee’s name, number of hours earned, sponsor name or the name of the organization that approved the program or course for continuing education credit, and the date on whichthat the program was held or the activity was completed.

The number of hours earned will be the number of hours approved by the sponsor or the approving organization.

 

If the activity was not approved for a set number of hours, then 1 credit hour for every 50 minutes of participation may be earned. 

 

No limitation on the number of hours earned.

 

R 338.3663  Continuing education courses and programs; standards for approval.

  Rule 13. (1) A continuing education course or program that is not pre-approved under R 338.3661(2) or 338.3662(a) may be approved by the board pursuant to the standards in R 338.3043. by the course or program sponsor submitting to the department a completed application on a form provided by the department, no later than 70 days before the course or program date, and no later than 70 days before the next regularly scheduled board meeting. A course or program conducted before board consideration and approval shall be denied approval. The application and supporting documentation must include all of the following information:

    (a) A course or program schedule that includes all of the following:

      (i) The date of the course or program.

      (ii) The topics to be covered in the course or program.

      (iii) The names of all of the speakers.

      (iv) Break times.

    (b) An explanation of how the course or program is designed to further educate pharmacy technicians, including a short narrative describing the program content and the criteria for the selection of this topic.

    (c) Copies of instructional objectives that have been developed.

    (d) Copies of all promotional and advertising materials for the course or program.

    (e) The name, title, and address of the course or program director and a description of his or her qualifications to direct the course or program.

    (f) A description of how the amount of continuing education credit to be awarded for this course or program was determined.

    (g) A description of how participants will be notified that continuing education credit has been earned.

    (h) A description of the physical facilities, lab, or pharmacy available to ensure a proper learning environment.

    (i) A copy of the curriculum vitae for each instructional staff member.

    (j) A description of the delivery method to be used and the techniques that will be employed to assure active participation.

    (k) A copy of the post-test instrument that will be used for participant evaluation.

    (l) A description of how post tests will be administered, corrected, and returned to participants.

    (m) A description of how post-test performance will influence the awarding of continuing education credit.

    (n) A description of how attendance will be monitored, including sample documents, and the name of the person monitoring attendance.

  (2) A course or program must meet the standards and criteria for an acceptable category of continuing education in effect at the time of application and must be relevant to health care and advancement of the licensee’s pharmacy technician education.  

  (3) The continuing education course or program approved under subrule (1) of this rule must meet all of the following:

    (a) Be an organized course or program of learning that contributes to the advancement and enhancement of professional competency and scientific knowledge in the practice of pharmacy and be designed to reflect the educational needs of pharmacy technicians.

    (b) Have a scientific and educational integrity and contain generally accepted pharmacy practices.

    (c) Have an outline that demonstrates consistency with the course or program description and reflects the course or program content. 

    (d) Be taught in a manner appropriate to the educational content, objectives, and purpose of the course or program and allow suitable time to be effectively presented to the audience.

    (e) Provide instructors who have the necessary qualifications, training, and experience to teach the course or program.

    (f) Provide for active participation and involvement from the participants.

    (g) Offer educational materials for each continuing education activity that enhances the participant’s understanding of the content and foster applications to pharmacy practice.

    (h) Include learning assessments in each activity that allow pharmacy technicians to assess their achievement of the learned content. Completion of a learning assessment is required for continuing education content.

  (4) Board approval is valid for a 3-year term from the date of the board’s approval.

  (5) The board shall reevaluate a course or program before any changes are made during the approval term, including but not limited to, changes to either of the following:

    (a) Instructors and speakers.

    (b) Course or program content, title, and number of continuing education hours to be awarded to participants.

  (6) All of the following apply regarding changes to a previously approved course or program:

    (a) Subject to subdivision (b) of this rule, all changes to a previously approved course or program must be submitted on required department forms at least 70 days before the date the course or program is offered to participants and at least 70 days before the next regularly scheduled board meeting to be considered for approval by the board. Any changes to a submitted and previously approved course or program, other than those approved under subdivision (b) of this subrule, must not be made to the course or program without prior approval.

    (b) Emergency changes to instructors and speakers that cannot be submitted to the board at least 70 days before the date of the course or program or at least 70 days before the next regularly scheduled board meeting may be reviewed by the department in consultation with the board chair or a continuing education board committee member if proof that is acceptable to the department and that supports the nature of the emergency is submitted with the change.

    (c) The specific dates that the course or program will be offered do not require further board approval and may be changed without review by the board if the presentation dates are within the board’s original 3-year term of approval.

  (7) The provider or sponsor of a course or program shall issue certificates or letters of attendance that include all of the following:

    (a) The name of the sponsor.

    (b) The name of the course or program.

    (c) The name of the attendee.

    (d) The date of the course or program.

    (e) The continuing education approval number assigned by the department and current approval term.

    (f) The signature of the person responsible for attendance monitoring and his or her title.

    (g) The number and type of hours awarded.

  (8) The provider or sponsor of a course or program shall maintain records of the information contained in subrule (7) of this rule for 5 years after the course or program is offered to participants.

  (9) The board may revoke the approval status of any approved course or program at any time the course or program fails to comply with these rules.

 

 R 338.3665  Performance of activities and functions; delegation.

  Rule 15. In addition to performing the functions described in section 17739(1) of the code, MCL 333.17739, a licensed pharmacy technician may also engage in the following tasks, under the delegation and supervision of a licensed pharmacist:

  (a) ReconstitutingReconstitute non-sterile dosage forms consistent with approved labeling provided by the manufacturer of a commercially available product.

  (b) Technology-assistedProvide technology-assisted final product verification, which includes all the following:

    (i) A properly trained pharmacy technician performing final product verification with the use of bar coding or another error prevention technology. A second licensed pharmacy technician verifies the work of the first licensed pharmacy technician to perform final product verification.

    (ii) The first-licensed pharmacy technician processes a medication order or prescription.

    (iii) The first-licensed pharmacy technician processes the medication order or prescription using bar coding or another board-approved error prevention technology.

    (iv) A pharmacist verifies the first-licensed pharmacy technician’s processing of the medication order or prescription.

    (vii) The second licensed pharmacy technician providing technology-assisted final product verification is subject to all of the following requirements:

      (A) The licensed pharmacy technician holds a current full pharmacy technician license in this state, not a temporary or limited license.

      (B) The licensed pharmacy technician performing technology-assisted final product verification has completed a board approved pharmacy technician program under R 338.3655.

      (CB) TheBefore performing final product verification the licensed pharmacy technician performing technology-assisted final product verification hasmeets 1 of the following:

       (1) Has accrued not less than 1,000 hours of pharmacy technician work experience in the same kindtype of pharmacy practice site in whichwhere the technology-assisted final product verification is will be performed while he or shethe pharmacy technician holds a current full pharmacy technician license, in this state, not a temporary or limited license, or is in training in this state.

       (2) Has completed a final product verification training program that includes at least all of the following:

        (i) The role of a pharmacy technician in the product verification process.

        (ii) The legal requirements and liabilities of a final verification technician.

        (iii) The use of technology assisted verification systems.

        (iv) The primary causes of medication errors and misfills.

        (v) The identification and resolution of dispensing errors.

     (DC) The practice setting where a licensed pharmacy technician performs technology-assisted final product verification has in place policies and procedures including a quality assurance plan governing pharmacy technician technology-assisted final product verification.

      (E) The licensed pharmacy technician uses a technology-enabled verification system to perform final product verification.

      (FD) The technology enabled verification system must document and electronically record each step of the prescription process including which individuals complete each step.

      (GE) A licensed pharmacy technician shall not perform technology-assisted final product verification for sterile or nonsterile compounding.

      (HF) Technology-assisted final product verification by a licensed pharmacy technician is not limited to a practice setting.

      (I) Except for a remote pharmacy that is regulated under sections 17742a and 17742b of the code, MCL 333.17742a and MCL 333.17742b, a pharmacy technician shall not participate in technology-assisted final product verification remotely. Technology-assisted product verification must be done on-site.

      (JG) A pharmacist using his or her professional judgment may choose to delegate technology-assisted final product verification after ensuring licensed pharmacy technicians have completed and documented relevant training and educationor work experience

   (c) Access the electronic database of a pharmacy from inside or outside of the pharmacy to perform the delegated tasks in paragraph (iii) of this subdivision related to prescription processing functions outside of the personal charge of a pharmacist. 

    (i) A pharmacy technician remotely performing the tasks in paragraph (iii) of this subdivision must be supervised by a licensed pharmacist.

    (ii) The remote supervision in paragraph (i) of this subdivision means that a pharmacist directs and controls the actions of the remote technician using technology to ensure the supervising pharmacist does all the following:

     (A) Is readily and continuously available to answer questions, review the practice of the supervised pharmacy technician, provide consultation, review records, and educate the pharmacy technician in the performance of functions.

     (B) Is fully responsible for the practice and accuracy of the remote technician.

     (C) Has established predetermined procedures and drug protocol governing any activity performed remotely including protection of patient confidentiality.

    (iii) Delegated tasks relating to prescription processing functions include, but are not limited to, the following:

     (A) Verification of a patient’s medication history.

     (B) Data entry regarding processing prescription data and patient data.

     (C) Claims adjudication.

     (D) Handling phone calls regarding processing prescription data and patient data.

     (E) Processing refill requests.

     (F) Technology-assisted final product verification.

     (G) Transferring prescriptions for non-controlled substances.