California Board of Pharmacy Technicians Waiver

An important waiver has just come down today from the California Board of Pharmacy which involves the number of pharmacy technicians a supervising pharmacist may supervise under certain conditions.

This waiver comes in response to the Governor’s declaration of emergency and the national declaration of emergency, and in keeping with Business and Professions Code section 4062, Greg Lippe, the President of the California Board of Pharmacy, has authorized the following waiver of pharmacy law which is limited to 30 days:

Effective immediately (March 20, 2020), a waiver of staffing ratio provisions of B&P sections 4115(f)(1) and 4127.15(c)(2) and Title 16, California Code of Regulations (“CCR”) Section 1793.7, in Response to COVID-19, the RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS MAY INCREASE TO ALLOW FOR ONE ADDITIONAL PHARMACY TECHNICIAN FOR EACH SUPERVISING PHARMACIST UNDER THE FOLLOWING CONDITIONS:

1. The pharmacy documents the need for this ration modification due to the COVID-19 pandemic.  Documentation may be include an increase in prescription volume, changes in staff availability due to quarantine and other emergency induced situations related to the pandemic.
2. The supervising pharmacist, exercising his/her professional judgment, may refuse to supervise the additional pharmacy technician and provide the pharmacist-in-charge (“PIC”)  with notice of that decision.  When making that decision, the supervising pharmacist must specify the reason(s) for the concerns with regard to pharmacy and patient care implications.  Under this scenario, the ratio may not increase.

Lastly, the pharmacy must maintain a readily retrievable record documenting the date(s) and time(s) when the ratio is increased pursuant to this emergency waiver and justification for the change.  These records must be maintained for one year following the end of the declared emergency.

The attorneys at Brown & Brown urge our many pharmacy clients (and future clients) to adhere carefully to this waiver, but also to feel what we hope will be some relief knowing the supervisory ratios may be changed to allow more pharmacy technicians to help our state’s already overworked pharmacists with the greatly increased workload they are experiencing due to the Coronavirus pandemic.  Of course, our attorneys are always available to provide pharmacists and pharmacy technicians with a free initial consult by teleconference or in person, if further information and advice is desired. 

Call Brown & Brown today to keep up on the latest developments in pharmacy law in response to the unprecedented situation we are all currently experiencing.  We love what we do and want to help you keep all of your patients safe, as well as your staff, while continuing to fully comply with pharmacy law and regulations.