Florida Board of Pharmacy Proposes Rule Change Affecting Technician to Pharmacist Ratio

Posted on Health Care Law News by Parker Eastin

The Florida Board of Pharmacy recently published a Notice of Proposed Rule that would impact the pharmacy technician-to-pharmacist ratios set by Rule 64B16-27.410, F.A.C. If approved, the amendment would allow supervising pharmacists to determine the appropriate ratio of technicians to pharmacists. The current technician-to-pharmacist ratio under the rule is generally 1:1, with some exceptions. Under the current rule, if a pharmacy is engaged in sterile compounding, the technician-to-pharmacist ratio is 3:1; if not engaged in sterile compounding, it is 6:1, and in a non-dispensing pharmacy not engaged in sterile compounding, the ratio is 8:1.

The proposed amendment would delete these ratios and allow pharmacies to have greater than a 1:1 a technician-to-pharmacist ratio at the discretion of the supervising pharmacist, as long as the pharmacy complies with other guidelines in the rule regarding pharmacy policies, procedures, and technician training.

The 21-day notice period to submit comments began on September 12, 2023 and expires on October 3, 2023. The Florida Board of Pharmacy’s next meeting is scheduled for October 20, 2023. If the rule is adopted, it will become effective 20 days after filing with the Department of State.

The attorneys at Nicholson & Eastin, LLP routinely advise pharmacies and pharmacists in health care regulatory and compliance matters. If you are a pharmacist or pharmacy owner and you have questions regarding the potential impact of the proposed change to Rule 64B16-27.410, or any other Florida Board of Pharmacy rules, please contact us.

The full text of the proposed rule, as well as a link to submit comments regarding the rule to the Florida Board of Pharmacy, can be viewed here.