1. (a) Purpose. The board encourages all pharmacy technicians to become certified by taking and passing the National Pharmacy Technician Certification Exam or other examination approved by the board. However, the board will consider petitions for exemption on a case by case basis. This section outlines procedures for pharmacy technicians to petition the board for an exemption to the certification requirements established by §568.002 of the Act (relating to Pharmacy Technician Registration Required).
2. (b) Long-term Employees. Pharmacy technicians who, on September 1, 2001, had been continuously employed as a pharmacy technician in this state for at least 10 years and who received an exemption from the board may only use the exemption at the pharmacy noted in the petition and may not transfer the exemption to another pharmacy. If the pharmacy technician ceases employment at the pharmacy or changes employment, the exemption is canceled.

3. (c) Rural counties. Pharmacy technicians working in counties with a population of 50,000 or less.

   1. (1) Eligibility. A pharmacy technician may petition the board for an exemption from the certification requirements established by §568.002 of the Act (relating to Pharmacy Technician Registration Required) if the technician works in a county with a population of 50,000 or less.

   2. (2) Petition process.

      1. (A) A pharmacy technician shall petition the board for the exemption. The petition shall contain the following:

         1. (i) name of the pharmacy technician;
         2. (ii) name, address, and license number of the pharmacy where the pharmacy technician is employed;
         3. (iii) name of the county in which the pharmacy is located and the most recent official population estimate for the county from the Texas State Data Center;

         4. (iv) a notarized statement signed by the pharmacy technician stating:

            1. (I) the reason(s) the pharmacy technician is asking for the exemption, including reason(s) the pharmacy technician has not taken and passed the National Pharmacy Technician Certification Exam or other examination approved by the board; and
            2. (II) that the information provided in the petition is true and correct; and

         5. (v) a notarized statement signed by the pharmacist-in-charge of the pharmacy the pharmacy technician is currently working, stating that the:

            1. (I) pharmacist-in-charge supports the pharmacy technician's petition for exemption;
            2. (II) pharmacy technician has completed the pharmacy technician training program at the pharmacy; and
            3. (III) pharmacist-in-charge has personally worked with and observed that the pharmacy technician is competent to perform the duties of a pharmacy technician.

      2. (B) Each petition shall be considered on an individual basis. In determining whether to grant the exemption, the board shall consider the information contained in the petition and additional information including the following:

         1. (i) the accuracy and completeness of the petition;
         2. (ii) reason(s) the pharmacy technician is asking for the exemption;
         3. (iii) the population of the county;
         4. (iv) the number of pharmacies located in the county and adjacent counties and the number of pharmacy technicians working in these pharmacies;
         5. (v) unemployment rate in the county and adjacent counties; and

         6. (vi) the following information concerning the pharmacy where the pharmacy technician is currently working:

            1. (I) the degree of compliance on previous compliance inspections; and
            2. (II) history of disciplinary action by the board or other regulatory agencies against the licenses held by the pharmacy or pharmacists working at the pharmacy.

      3. (C) After review of the petition, the pharmacy technician and the pharmacist-in-charge of the pharmacy where the technician is working shall be notified in writing of approval or denial of the petition.

         1. (i) If the petition is approved, the pharmacy technician shall be sent an exemption certificate, which shall be displayed at the pharmacy where the pharmacy technician is working.
         2. (ii) In lieu of the exemption, the board may grant the pharmacy technician up to an additional 12 months to take and pass the National Pharmacy Technician Certification Exam or other examination approved by the board. During this additional time, the pharmacy technician shall be designated a pharmacy technician trainee.

   3. (3) Limitations.

      1. (A) The exemption granted under this section may only be used at the pharmacy noted in the petition and may not be transferred to another pharmacy. If the pharmacy technician ceases employment at the pharmacy or changes employment, the exemption is canceled.
      2. (B) If the population of the county exceeds 50,000, the board shall cancel the exemption. The pharmacy technician and the pharmacist-in-charge of the pharmacy shall be notified when an exemption is canceled.

Source Note:The provisions of this §297.7 adopted to be effective December 23, 2003, 28 TexReg 11264.