Florida Board of Pharmacy Proposes Amendments to Rule on Technician to Pharmacist Ratio
On September 12, 2023, the Florida Board of Pharmacy published a notice of intent to adopt amendments to its rule on registered pharmacy technician-to-pharmacist ratios (64B16-27.410). The amendments would allow a supervising pharmacist to determine the appropriate ratio.
The current rule requires a technician-to-pharmacist ratio of 1:1 unless otherwise authorized in the rule. The authorized ratios in the current rule are as follows: 3:1 (sterile compounding); 6:1 (if not engaged in sterile compounding); and 8:1 (in a non-dispensing pharmacy that does not engage in sterile compounding, or in a physically separate non-dispensing area of a dispensing pharmacy).
Under the proposed amended rule, these activity-specific ratios are deleted. Instead, pharmacies may employ or use a technician-to-pharmacist ratio greater than 1:1 if (a) they are in full compliance with guidelines spelled out in the rule (e.g., maintain certain policies and procedures and confirmation of technicians’ training); and (b) the ratio is appropriate as determined by the “supervising pharmacist.”
As noted in the Board’s June 14, 2023 Rules Committee Meeting (draft) minutes, the proposed amendments were created in response to the Board receiving multiple petitions for a variance or waiver of rule 64B16-27.410. “The primary ask of the petitioners were to allow community pharmacies to use the professional judgement of the Prescription Department Manager to determine the appropriate technician-to-pharmacist ratio for their facility while using automotive functions.”
If requested within 21 days of the Notice (i.e., October 3, 2023), a hearing will be scheduled. Comments may also be submitted during this time. The Board’s next meeting is scheduled for October 20, 2023. If adopted, the rule will become effective 20 days after being filed with the Florida Department of State.
A copy of the Notice and proposed rule amendments may be found here.
Quarles will continue to monitor updates on this topic. If you have any questions, please contact your local attorney or:
- Ed Rickert: (312) 715-5139 / ed.rickert@quarles.com
- Roger Morris: (602) 229-5269 / roger.morris@quarles.com
- Susan Trujillo: (602) 229-5318 / susan.trujillo@quarles.com
- Michael Elkins: (239) 434-4908 / michael.elkins@quarles.com