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Dear Krystal,

I looked up the California law to verifyy what I already knew. In

laymens terms, you may do all tasks that your state allows techs to do

during the 1/2 hour max that may be granted to your pharmacist by law

to have meal or break. Explicitly you may not dispense or sell any Rx

unless it is a refill that does not require consultation and was

previously filled and hada final check by a pharmacist (In other words

waiting to be picked up by the patient). All work done by the tech

while the pharmacist was absent must be checked by the RPh upon return.

Here is the exact wording:

http://www.pharmacy.ca.gov/laws_regs/lawbook.pdf

§1714.1. Pharmacy Operations During the Temporary Absence of a

Pharmacist.

This section is to ensure that pharmacists are able to have duty free

breaks and meal periods to which they are entitled under Section 512

of the Labor Code and the orders of the Industrial Welfare Commission,

without unreasonably impairing the ability of a pharmacy to remain

open.

(a) In any pharmacy that is staffed by a single pharmacist, the

pharmacist may leave the pharmacy temporarily for breaks and meal

periods pursuant to Section 512 of the Labor Code and the orders of

the Industrial Welfare Commission without closing the pharmacy and

removing ancillary staff from the pharmacy if the pharmacist

reasonably believes that the security of the dangerous drugs and

devices will be maintained in his or her absence.If in the

professional judgment of the pharmacist, the pharmacist determines

that the pharmacy should close during his

or her absence, then the pharmacist shall close the pharmacy and

remove all ancillary staff from the pharmacy during his or her absence.

(B) During the pharmacist's temporary absence, no prescription

medication may be provided to a patient or to a patient's agent unless

the prescription medication is a refill medication that the pharmacist

has checked, released for furnishing to the patient and was determined

not to require the consultation of a pharmacist.

© During such times that the pharmacist is temporarily absent from

the pharmacy, the ancillary staff may continue to perform the non-

discretionary duties authorized to them by pharmacy law. However, any

duty performed by any member of the ancillary staff shall be reviewed

by a pharmacist upon his or her return to the pharmacy.

(d) During the temporary absence of a pharmacist as authorized by this

section, an intern pharmacist may not perform any discretionary duties

nor otherwise act as a pharmacist.

(e) The temporary absence authorized by this section shall be limited

to the minimum period authorized for pharmacists by section 512 of

Labor Code or orders of the Industrial Welfare Commission, and any

meal shall be limited to 30 minutes. The pharmacist who is on break

shall not be required to remain in the pharmacy area during the break

period.

(f) The pharmacy shall have written policies and procedures regarding

the operations of the pharmacy during the temporary absence of the

pharmacist for breaks and meal periods. The policies and procedures

shall include the authorized duties of ancillary staff, the

pharmacist's responsibilities for checking all work performed by

ancillary staff and the pharmacist's responsibility for maintaining

the security of the pharmacy. The policies and procedures shall be

open to inspection by the board or its designee at all times during

business hours.

(g) For the purposes of this section, ancillary staff includes: an

intern pharmacist, a pharmacy technician, non-licensed personnel as

defined in Section 1793.3 of Title 16 of the California Code of

Regulations and a pharmacy technician trainee as defined in Section

4115.5(a) of the Business and Professions Code.

Authority cited: Sections 4005, 4115 and 4116, Business and

Professions Code. Reference: Sections 4009, 4115, 4115.5 and 4116,

Business and Professions Code; and Sections 512 and 1186, Labor Code.

Temporary absence of pharmacist 4115, 4116

4115. (g) Notwithstanding subdivisions (a) and (B), the board shall

by regulation establish conditions to permit the temporary absence of

a pharmacist for breaks and lunch periods pursuant to Section 512 of

the Labor Code and the orders of the Industrial Welfare Commission

without closing the pharmacy. During these temporary absences, a

pharmacy technician may, at the discretion of the pharmacist, remain

in the pharmacy but may only perform nondiscretionary tasks. The

pharmacist shall be responsible for a pharmacy technician and shall

review any task performed by a pharmacy technician during the

pharmacist's temporary absence. Nothing in this subdivision shall be

construed to authorize a pharmacist to supervise pharmacy technicians

in greater ratios than those described in subdivision (f). (h) The

pharmacist on duty shall be directly responsible for the conduct of a

pharmacy technician supervised by that pharmacist.

My interpretation of this law allows the technician to recieve a new

prescription and fill it, but set it out for final inspection by the

pharmacist. NO SALE until the pharmacist does a final check. I

believe you CAN count it out! The RPh will check it anyway. But again

I am answering for CA law. Not every state may allow a technician to

be alone in a pharmacy that did not close during the RPh's absence.

What state are you in?

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner

>

> Hi all,

>

> What can you do as a technician when the pharmacist's absent for

> lunch? You can't fill a Rx, right? Does it mean you can only pull the

> medication from shelves but can't count it?

>

Link to comment
Share on other sites

Hi,

Thank you for your detailed answer. I am in CA. Because last time, I and some of

my friends who are pharmacists discussed about it and couldn't find out the

exact answer. We are not sure if a tech is allowed to open the medication and

count and fill the Rx while waiting the pharmacist come back to do the final Q/C

check. Some said that a tech is only allowed to pull medication from shells but

can't open it while the pharmacist is absent.

 write to me soonthien  huong

From: Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...>

Subject: Re: Pharmacist's absent

Date: Tuesday, August 19, 2008, 4:11 AM

Dear Krystal,

I looked up the California law to verifyy what I already knew. In

laymens terms, you may do all tasks that your state allows techs to do

during the 1/2 hour max that may be granted to your pharmacist by law

to have meal or break. Explicitly you may not dispense or sell any Rx

unless it is a refill that does not require consultation and was

previously filled and hada final check by a pharmacist (In other words

waiting to be picked up by the patient). All work done by the tech

while the pharmacist was absent must be checked by the RPh upon return.

Here is the exact wording:

http://www.pharmacy .ca.gov/laws_ regs/lawbook. pdf

§1714.1. Pharmacy Operations During the Temporary Absence of a

Pharmacist.

This section is to ensure that pharmacists are able to have duty free

breaks and meal periods to which they are entitled under Section 512

of the Labor Code and the orders of the Industrial Welfare Commission,

without unreasonably impairing the ability of a pharmacy to remain

open.

(a) In any pharmacy that is staffed by a single pharmacist, the

pharmacist may leave the pharmacy temporarily for breaks and meal

periods pursuant to Section 512 of the Labor Code and the orders of

the Industrial Welfare Commission without closing the pharmacy and

removing ancillary staff from the pharmacy if the pharmacist

reasonably believes that the security of the dangerous drugs and

devices will be maintained in his or her absence.If in the

professional judgment of the pharmacist, the pharmacist determines

that the pharmacy should close during his

or her absence, then the pharmacist shall close the pharmacy and

remove all ancillary staff from the pharmacy during his or her absence.

(B) During the pharmacist's temporary absence, no prescription

medication may be provided to a patient or to a patient's agent unless

the prescription medication is a refill medication that the pharmacist

has checked, released for furnishing to the patient and was determined

not to require the consultation of a pharmacist.

© During such times that the pharmacist is temporarily absent from

the pharmacy, the ancillary staff may continue to perform the non-

discretionary duties authorized to them by pharmacy law. However, any

duty performed by any member of the ancillary staff shall be reviewed

by a pharmacist upon his or her return to the pharmacy.

(d) During the temporary absence of a pharmacist as authorized by this

section, an intern pharmacist may not perform any discretionary duties

nor otherwise act as a pharmacist.

(e) The temporary absence authorized by this section shall be limited

to the minimum period authorized for pharmacists by section 512 of

Labor Code or orders of the Industrial Welfare Commission, and any

meal shall be limited to 30 minutes. The pharmacist who is on break

shall not be required to remain in the pharmacy area during the break

period.

(f) The pharmacy shall have written policies and procedures regarding

the operations of the pharmacy during the temporary absence of the

pharmacist for breaks and meal periods. The policies and procedures

shall include the authorized duties of ancillary staff, the

pharmacist's responsibilities for checking all work performed by

ancillary staff and the pharmacist's responsibility for maintaining

the security of the pharmacy. The policies and procedures shall be

open to inspection by the board or its designee at all times during

business hours.

(g) For the purposes of this section, ancillary staff includes: an

intern pharmacist, a pharmacy technician, non-licensed personnel as

defined in Section 1793.3 of Title 16 of the California Code of

Regulations and a pharmacy technician trainee as defined in Section

4115.5(a) of the Business and Professions Code.

Authority cited: Sections 4005, 4115 and 4116, Business and

Professions Code. Reference: Sections 4009, 4115, 4115.5 and 4116,

Business and Professions Code; and Sections 512 and 1186, Labor Code.

Temporary absence of pharmacist 4115, 4116

4115. (g) Notwithstanding subdivisions (a) and (B), the board shall

by regulation establish conditions to permit the temporary absence of

a pharmacist for breaks and lunch periods pursuant to Section 512 of

the Labor Code and the orders of the Industrial Welfare Commission

without closing the pharmacy. During these temporary absences, a

pharmacy technician may, at the discretion of the pharmacist, remain

in the pharmacy but may only perform nondiscretionary tasks. The

pharmacist shall be responsible for a pharmacy technician and shall

review any task performed by a pharmacy technician during the

pharmacist's temporary absence. Nothing in this subdivision shall be

construed to authorize a pharmacist to supervise pharmacy technicians

in greater ratios than those described in subdivision (f). (h) The

pharmacist on duty shall be directly responsible for the conduct of a

pharmacy technician supervised by that pharmacist.

My interpretation of this law allows the technician to recieve a new

prescription and fill it, but set it out for final inspection by the

pharmacist. NO SALE until the pharmacist does a final check. I

believe you CAN count it out! The RPh will check it anyway. But again

I am answering for CA law. Not every state may allow a technician to

be alone in a pharmacy that did not close during the RPh's absence.

What state are you in?

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner

>

> Hi all,

>

> What can you do as a technician when the pharmacist's absent for

> lunch? You can't fill a Rx, right? Does it mean you can only pull the

> medication from shelves but can't count it?

>

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Share on other sites

at least where I work, you can get it ready to be checked, but NOTHING that

hasn't been checked can leave the pharmacy.  I've seen places that close their

windows so no one can drop off new prescriptions until the pharmacist comes back

(wal-mart comes to mind).  maybe this is your chance to have lunch too? 

From: krystal2812 <krystal2812@...>

Hi all,

What can you do as a technician when the pharmacist's absent for

lunch? You can't fill a Rx, right? Does it mean you can only pull the

medication from shelves but can't count it?

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Share on other sites

walmart pharmacies are like that. When there is only one pharmacist and we close

for their lunch, there isn't a tech in the pharmacy. You do your work when a

pharmacist is there. Customers can get rx's before and after the lunch when the

pharmacy is open.

From: karin h <hockeykatbird_27@...>

Subject: Re: Pharmacist's absent

Date: Tuesday, August 19, 2008, 12:22 PM

at least where I work, you can get it ready to be checked, but NOTHING that

hasn't been checked can leave the pharmacy.  I've seen places that close their

windows so no one can drop off new prescriptions until the pharmacist comes back

(wal-mart comes to mind).  maybe this is your chance to have lunch too? 

From: krystal2812 <krystal2812>

Hi all,

What can you do as a technician when the pharmacist's absent for

lunch? You can't fill a Rx, right? Does it mean you can only pull the

medication from shelves but can't count it?

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Share on other sites

According to the law the tech can do " non-discretionary duties

authorized to them by pharmacy law. "

Since in California the duties of a tech are ALL non-discretionary

(can not make a decision or judgment call) that means a tech can in

fact by CA law fill a script but can not sell or dispense it to the

patient while the pharmacist is absent on break. BUT the tech MUST

leave the bottle out along with the labeled counted out tablets in the

vial or tube of ointment or ??? along with the 'script' for the

pharmacist to check upon his/her return.

That being said: POLICY may be more stringent than law and therefore

may trump the law. For example: while the CA Rx law allows a tech to

fill a script as described above while a pharmacist is on break, the

chain pharmacy or mom & pop independent pharmacy MAY have a policy or

procedure in place that forbids the technician from counting out the

med, or making a label or doing anything except greeting the public

and letting them know that the pharmacist is on break and will return

in 20 minutes, 15 minutes 5 minutes....

This is comparable to the CA law says that Marijuana can be legally

prescribed, but the Federal law says " NO WAY JOSE " . Federal Law WINS

as it is more strict or stringent! It Trumps the CA law! So it is

illegal in ANY state of the United States to prescribe or dispense

marijuana as prescription drug. YES there are marijuana clinics for

Cancer and glaucoma patients. But they ARE illegal! And one can get

busted, go to jail. I don't know of any tech school that teaches techs

how to grow, maintain, cultivate, prepare, remove seeds, roll or

otherwise fill a script for marijuana. There may be foolish and stupid

doctors writing for it, but no pharmacist is going to fill it.

There may even be doctors and pharmacists and nurses volunteering at

the MJ clinics, but all of that is ILLEGAL.

So if in the state of CA a tech can do their normal non-discretioary

duties except dispense a drug to a patient, during the absence of a

pharmacist then he or she CAN take a drug off the shelf and count it

out, make a label and then leave it out on the counter for the

pharmacist to check upon his/her return.

The ONE EXCEPTION would be if in that particular pharmacy, technicians

can not do such during the pharmacists absence PER POLICY.

Another EXCEPTION would be if by the decision of the pharmacist

regarding a specific particular technician, he or she deems that it

would be unsafe for the public to allow a particular technician to

fill a prescription while he/she was absent from the pharmacy on a

meal break.

Recall that a pharmacist has the right to limit the work of a

technician if he or she deems that that technician may harm the public

or may distract the pharmacist causing the pharmacist to make more

errors. He or she may also request that the tech not be scheduled with

him or her. They can also request that management terminate a

specific tech. Management may find that other pharmacists get along

great and trust that tech, the management may consider changing

schedules OR terminating the tech. OF course much depends upon the

state. CA is an at will state.

If anyone knows any law in CA to contradict what I am saying PLEASE

come forward and post the correction with a link to the law to back it

up.

I would like to add if a patient indicates that he/she would like

counseling for a refill that was previously signed off by a pharmacist

and waiting to be picked up, then the technician may not dispense/sell

the refill drug to the patient.

Since ALL new scripts must have counseling and be checked by a

pharmacist, NO new scripts may be dispensed during the absence of a

pharmacist.

Hope this helps,

Please remember those of you who are reading this that my answer

applies to CA only and at this time.

Jeanetta Mastron CPhT BS

Pharmacy Technician

Founder/Owner

>

> >

>

> > Hi all,

>

> >

>

> > What can you do as a technician when the pharmacist's absent for

>

> > lunch? You can't fill a Rx, right? Does it mean you can only pull the

>

> > medication from shelves but can't count it?

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Dear Karin,

PLEASE clarify!

By law or by policy.

and to let everyone know Karin practices in Washington.

Thanks

Jeanetta Mastron CPhT BS

Pharm Tech Educator

F/O

>

> at least where I work, you can get it ready to be checked, but

NOTHING that hasn't been checked can leave the pharmacy. I've seen

places that close their windows so no one can drop off new

prescriptions until the pharmacist comes back (wal-mart comes to

mind). maybe this is your chance to have lunch too?

>

>

> From: krystal2812 <krystal2812@...>

>

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> Hi all,

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> What can you do as a technician when the pharmacist's absent for

>

> lunch? You can't fill a Rx, right? Does it mean you can only pull the

>

> medication from shelves but can't count it?

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Sorry! I forgot to say you are welcome! :)

Jeanetta CPhT

>

> Hi,

>

> Thank you for your detailed answer. I am in CA. Because last time, I

and some of my friends who are pharmacists discussed about it and

couldn't find out the exact answer. We are not sure if a tech is

allowed to open the medication and count and fill the Rx while waiting

the pharmacist come back to do the final Q/C check. Some said that a

tech is only allowed to pull medication from shells but can't open it

while the pharmacist is absent.

>

> write to me soonthien huong

>

>

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Share on other sites

Dear Yarger,

Let us understand, do you mean:

ALL Wwalmart Pharmacies across the USA?

or

do you mean ALL Walmart pharmacies in YOUR state?

And PLEASE clarify which state do you live in.

Please clarify: Do you mean it is the policy rather than the law where

you work or for Walmarts?

Thank you

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner

>

> From: karin h <hockeykatbird_27@...>

> Subject: Re: Pharmacist's absent

>

> Date: Tuesday, August 19, 2008, 12:22 PM

>

>

>

>

>

>

> at least where I work, you can get it ready to be checked, but

NOTHING that hasn't been checked can leave the pharmacy. I've seen

places that close their windows so no one can drop off new

prescriptions until the pharmacist comes back (wal-mart comes to

mind). maybe this is your chance to have lunch too?

>

> From: krystal2812 <krystal2812>

>

> Hi all,

>

> What can you do as a technician when the pharmacist's absent for

>

> lunch? You can't fill a Rx, right? Does it mean you can only pull the

>

> medication from shelves but can't count it?

>

>

>

>

>

>

>

>

>

>

>

>

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by law.

From: Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...>

Dear Karin,

PLEASE clarify!

By law or by policy.

and to let everyone know Karin practices in Washington.

Thanks

Jeanetta Mastron CPhT BS

Pharm Tech Educator

F/O

>

> at least where I work, you can get it ready to be checked, but

NOTHING that hasn't been checked can leave the pharmacy. I've seen

places that close their windows so no one can drop off new

prescriptions until the pharmacist comes back (wal-mart comes to

mind). maybe this is your chance to have lunch too?

>

>

> From: krystal2812 <krystal2812@ ...>

>

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> Hi all,

>

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>

> What can you do as a technician when the pharmacist's absent for

>

> lunch? You can't fill a Rx, right? Does it mean you can only pull the

>

> medication from shelves but can't count it?

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It is WalMart policy, nationwide.

 

My sister started out a Tech at WalMart, and is now OTC Manager. I verified the

information with her.

 

 

Robin in Illinois

 

Dear Yarger,

Let us understand, do you mean:

ALL Wwalmart Pharmacies across the USA?

or

do you mean ALL Walmart pharmacies in YOUR state?

And PLEASE clarify which state do you live in.

Please clarify: Do you mean it is the policy rather than the law where

you work or for Walmarts?

Thank you

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner

>

> From: karin h <hockeykatbird_ 27@...>

> Subject: Re: [JeanettasPTCBStudy Group] Pharmacist's absent

> JeanettasPTCBStudyG roup@groups .com

> Date: Tuesday, August 19, 2008, 12:22 PM

>

>

>

>

>

>

> at least where I work, you can get it ready to be checked, but

NOTHING that hasn't been checked can leave the pharmacy. I've seen

places that close their windows so no one can drop off new

prescriptions until the pharmacist comes back (wal-mart comes to

mind). maybe this is your chance to have lunch too?

>

> From: krystal2812 <krystal2812>

>

> Hi all,

>

> What can you do as a technician when the pharmacist's absent for

>

> lunch? You can't fill a Rx, right? Does it mean you can only pull the

>

> medication from shelves but can't count it?

>

>

>

>

>

>

>

>

>

>

>

>

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Well just to remind everyone I am . I am a CphT here in PA. I know that

is how walmart pharmacies are here locally. I don't know for sure about all of

them across the usa.

 

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Thank you Robin in Ill and in Pa!

If any one knows otherwise in any other state please let us know.

Now what about your state laws? Do you know if this is policy or law?

Jeanetta

> >

> > From: karin h <hockeykatbird_ 27@>

> > Subject: Re: [JeanettasPTCBStudy Group] Pharmacist's absent

> > JeanettasPTCBStudyG roup@groups .com

> > Date: Tuesday, August 19, 2008, 12:22 PM

> >

> >

> >

> >

> >

> >

> > at least where I work, you can get it ready to be checked, but

> NOTHING that hasn't been checked can leave the pharmacy. I've seen

> places that close their windows so no one can drop off new

> prescriptions until the pharmacist comes back (wal-mart comes to

> mind). maybe this is your chance to have lunch too?

> >

> > From: krystal2812 <krystal2812>

> >

> > Hi all,

> >

> > What can you do as a technician when the pharmacist's absent for

> >

> > lunch? You can't fill a Rx, right? Does it mean you can only pull

the

> >

> > medication from shelves but can't count it?

> >

> >

> >

> >

> >

> >

> >

> >

> >

> >

> >

> >

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It is at all Wal-Mart Pharmacies across the USA. It's in the Pharmacy

Operations Manual. The time frame is 'set' from 1:30pm to 2:00pm if

there's only one pharmacist there.

There are, unfortunately, often cases where people show up right *AT*

1:30pm to pick up prescriptions and you can't actually close the

pharmacy for another 5-10 minutes, and then the pharmacists have just

that much less time to go and find something to eat if we didn't bring

something. :)

And there's always those lovely people who go by, going " The pharmacy

is closed? " sometimes almost shouting it through the doors, etc. Duh,

does it *look* like we're open? Lights off, windows shut down, gate

down, etc.

There is almost always someone who is upset that the pharmacy is

closed for lunch when it is closed for lunch. Especially if we've got

everything shut down, and I'm walking out the pharmacy to grab

something, you get a " I can't pick up the prescription now? " - Me:

" We'll be back open at 2pm. " - Them: " But I need it now. " - Me: " I

understand that, but this is the only time during the day that I

actually get a chance to stop and possibly eat at the same time. "

O'ell.

Della

On Wed, Aug 20, 2008 at 8:17 PM, william yarger <yarger3457@...> wrote:

> Well just to remind everyone I am . I am a CphT here in PA. I know

that is how walmart pharmacies are here locally. I don't know for sure about all

of them across the usa.

>

>

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Thank you Della RPh, my site resident pharmacist, for the important information.

 

I have question for you Della, is this a Federal Law (liek Civil rights) in

which the lunch times and such can be manipulated by the states or is it just a

state law? I am aware in CA that it must oly be one-half hour. But I am not sure

if this is Fed or state and other states  did the same thing or what? Do you

know the name of the law?

 

For some reason I want to say it is a FED law.

 

Thanks in advance

 

Jeanetta Mastron CPhT BS 

 

 

> Well just to remind everyone I am . I am a CphT here in PA. I

know that is how walmart pharmacies are here locally. I don't know for sure

about all of them across the usa.

>

>

------------------------------------

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My understanding is the Labor laws (Fed) would require the pharmacist, or

any employee, to have 30 minute uninterrupted break. State law is Pharmacy

practice so this would govern how it is handled in the pharmacy. i.e. close

the pharmacy or do not give out any Rx’s etc.

When I worked retail most of the time the pharmacist would sit in a back

corner and read the paper and eat. One of the clerks or techs would run out

and pick up fast food for whoever wanted it. We did our best to make sure

everything was done so they wouldn’t be interrupted but if someone needed a

consultation they would come out real quick or check off a med. I only had 2

pharmacists ever leave the pharmacy to take a break. I guess at times it is

easier to stay then to deal with angry customers.

Speaking of customers and breaks I had one get very upset that they had to

wait 5 minutes to have their prescription checked off. I said the pharmacist

had stepped out and would be back in a moment. She was very upset and said

that he should be there at all times to help serve the customers. I said

well he has to go to the bathroom sometime and he will be right back. That

seemed to get her to shut her mouth. It is amazing how people only tend to

think of themselves and not realize we have to take a break, eat or go to

the bathroom also.

Julette Barta CPhT, BSIT, MA Ed.

Pharmacy Instructor

CRY-ROP

PO Box 8640

1214 Indiana Ct.

Redlands, CA 92374

Cell 951-741-4011 Fax 909-793-6901

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Hi Jule!

 

Yes that is my understanding too!

But CA went as far as outlining the JOB dtitles such as policemen/women,

doctors, nurses, emergency personnel etc. Then the states can write MORE than is

outlined by Fed law. That is what CA did a few years back. Then each dept undder

consumer affairs didi their thing and finally policy and procedure. That is why

we have it where your pharmacist was allowed to check a script, instead of

shutting it down completely.

 

In some states techs are not yet recognized by a licensing board nor registered.

So the pharmacists can not leave them in charge of the pharmacy. The Fed law

allows for a pharmacist to take a 30 minute break but does not state that the

tech can be left in charge because the Federal law does NOT address

'technicians' per se.  It does however address ancillary personnel, but the

Federal law does notaddress leaving them in charge as each state can make those

rules.

 

I am seeking the specific LAW title or name I know it would come under the Labor

Laws but what in specific? or a section of  a code or ?? Well I guess I will

need to search a bit harder.

 

Thank you for sharing your experince,

 

Respectfully,

 

 

Jeanetta Mastron CPhT BS

F/O

From: Jule Barta <julebarta@...>

Subject: Re: Pharmacist's absent

Date: Saturday, August 23, 2008, 1:01 PM

My understanding is the Labor laws (Fed) would require the pharmacist, or

any employee, to have 30 minute uninterrupted break. State law is Pharmacy

practice so this would govern how it is handled in the pharmacy. i.e. close

the pharmacy or do not give out any Rx¢s etc.

When I worked retail most of the time the pharmacist would sit in a back

corner and read the paper and eat. One of the clerks or techs would run out

and pick up fast food for whoever wanted it. We did our best to make sure

everything was done so they wouldn¢t be interrupted but if someone needed a

consultation they would come out real quick or check off a med. I only had 2

pharmacists ever leave the pharmacy to take a break. I guess at times it is

easier to stay then to deal with angry customers.

Speaking of customers and breaks I had one get very upset that they had to

wait 5 minutes to have their prescription checked off. I said the pharmacist

had stepped out and would be back in a moment. She was very upset and said

that he should be there at all times to help serve the customers. I said

well he has to go to the bathroom sometime and he will be right back. That

seemed to get her to shut her mouth. It is amazing how people only tend to

think of themselves and not realize we have to take a break, eat or go to

the bathroom also.

Julette Barta CPhT, BSIT, MA Ed.

Pharmacy Instructor

CRY-ROP

PO Box 8640

1214 Indiana Ct.

Redlands, CA 92374

Cell 951-741-4011 Fax 909-793-6901

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I have often heard that with all the laws and regulations in place by

the state government that CA is a nation in and of itself. Very

interesting to research the difference in laws, etc.

At my site the RPh gets lunch and bathroom breaks if and when he can.

By state law I am not allowed to give or sell anything that isn't OTC

if the RPh is not in the pharmacy. When I worked at Target the

pharmacist took lunch from 1:30 to 2, same as WalMart, but we kept

the pharmacy open for OTC sales - customers would get really ticked

off that the pharmacy was open but not open to dispense

prescriptions; I hated that about Target.

Below are some bits I pulled from the Department of Labor web site

and from the state of WI laws and regulations - perhaps it can

answer some questions. (I tried to emphasize some of the important

parts but that didn't translate from Word to this site.)

From Department of Labor www.dol.gov

Question: When must breaks and meal periods be given?

Answer: The Fair Labor Standards Act (FLSA) does not require breaks

or meal periods be given to workers. Some states may have

requirements for breaks or meal periods. If you work in a state which

does not require breaks or meal periods, these benefits are a matter

of agreement between the employer and the employee (or the employee's

representative).

See this web site for your state: http://www.dol.gov/esa

See also: 29 CFR 785.19 - Meal.

Section Number: 785.19

Section Name: Meal.

(a) Bona fide meal periods. Bona fide meal periods are not work

time. Bona fide meal periods do not include coffee breaks or time for

snacks. These are rest periods. The employee must be completely

relieved from duty for the purposes of eating regular meals.

Ordinarily 30 minutes or more is long enough for a bona fide meal

period. A shorter period may be long enough under special conditions.

The employee is not relieved if he is required to perform any duties,

whether active or inactive, while eating. For example, an office

employee who is required to eat at his desk or a factory worker who

is required to be at his machine is working while eating.

(B) Where no permission to leave premises. It is not necessary

that

an employee be permitted to leave the premises if he is otherwise

completely freed from duties during the meal period.

__________________________________________________________

Here is the pertinent part of WI law regarding what can and can not

be done in the absence of a pharmacist:

________________________________________________-

450.09(2)

(2) Presence of pharmacist. No pharmaceutical service may be provided

to any person unless a pharmacist is present in the pharmacy to

provide or supervise the service.

Phar 6.04(1)

(1) PROFESSIONAL SERVICE AREA. If the pharmacy is open at any time

solely as a non-prescription or sundry outlet, without a pharmacist

present, the professional service area shall be secured as specified

in sub. (3).

Phar 6.04(3)

(3) PROFESSIONAL SERVICE AREA REQUIREMENTS WHERE PHARMACIST IS

ABSENT.

Phar 6.04(3)(a)

(a) Except as provided in par. ©, if no pharmacist is present in

the professional service area, a pharmacy may convert to a non-

prescription or sundry outlet if the following requirements are met:

Phar 6.04(3)(a)1.

1. A secured, physical barrier surrounds the professional service

area of the pharmacy and precludes access to the area by unlicensed

personnel……..

Phar 6.04(3)(a)2.

2. The barrier is locked in the absence of the pharmacist.

Phar 6.04(3)(a)3.

3. A patient's telephone request to renew a certain prescription may

be accepted, but a telephone message from a practitioner giving a new

prescription order or renewal authority may not be accepted.

Phar 6.04(3)(a)6.

Phar 6.04(3)©

© Where no pharmacist is present in the professional service area a

pharmacy is not required to convert to a non-prescription or sundry

outlet if the following requirements are met:

Phar 6.04(3)©1.

1. The pharmacist is absent for a time period of one half hour or

less.

Phar 6.04(3)©2.

2. The pharmacist must be accessible for communication with the

remaining pharmacy staff by phone, pager or other device.

Phar 6.04(3)©3.

3. The pharmacy must indicate that the pharmacist is not available in

the professional service area and indicate the period of absence and

the time of the pharmacist's return.

450.09(2)

(2) Presence of pharmacist. No pharmaceutical service may be provided

to any person unless a pharmacist is present in the pharmacy to

provide or supervise the service.

Phar 6.04(3)©4.

4. Pharmacy technicians may only perform duties allowed by s. Phar

7.015 (2).

______________________________________________________________

>

> Hi Jule!

>  

> Yes that is my understanding too!

> But CA went as far as outlining the JOB dtitles such as

policemen/women, doctors, nurses, emergency personnel etc. Then the

states can write MORE than is outlined by Fed law. That is what CA

did a few years back. Then each dept undder consumer affairs didi

their thing and finally policy and procedure. That is why we have it

where your pharmacist was allowed to check a script, instead of

shutting it down completely.

>  

> In some states techs are not yet recognized by a licensing board

nor registered. So the pharmacists can not leave them in charge of

the pharmacy. The Fed law allows for a pharmacist to take a 30 minute

break but does not state that the tech can be left in charge because

the Federal law does NOT address 'technicians' per se.  It does

however address ancillary personnel, but the Federal law does

notaddress leaving them in charge as each state can make those rules.

>  

> I am seeking the specific LAW title or name I know it would come

under the Labor Laws but what in specific? or a section of  a code

or ?? Well I guess I will need to search a bit harder.

>  

> Thank you for sharing your experince,

>  

> Respectfully,

>  

>  

> Jeanetta Mastron CPhT BS

> F/O

>

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Dear eilliedblu,

THANK YOU for providing the name of a law: The Fair Labor Standards

Act (FLSA). So is this a federal law or a WI state law?

The Department of labor is a state department, correct?

If it is a state law, does anyone know the name of a federal law that

refers to breaks and such that serves as a guide for each state and

each state can change up? Is this fair Labot Standards Act that Fed

law that I am referring to?

Thanks again!

Yes very important to see the differences between states and to

appreciate and respect them.

Jeanetta Mastron CPhT BS

Pharm Tech Program Director

Founder/Owner of this site

> >

> > Hi Jule!

> >  

> > Yes that is my understanding too!

> > But CA went as far as outlining the JOB titles such as

> policemen/women, doctors, nurses, emergency personnel etc. Then the

> states can write MORE than is outlined by Fed law. That is what CA

> did a few years back. Then each dept under consumer affairs did own

> their thing and finally policy and procedure. That is why we have

it

> where your pharmacist was allowed to check a script, instead of

> shutting it down completely.

> >  

> > In some states techs are not yet recognized by a licensing board

> nor registered. So the pharmacists can not leave them in charge of

> the pharmacy. The Fed law allows for a pharmacist to take a 30

minute

> break but does not state that the tech can be left in charge

because

> the Federal law does NOT address 'technicians' per se.  It does

> however address ancillary personnel, but the Federal law does

> notaddress leaving them in charge as each state can make those

rules.

> >  

> > I am seeking the specific LAW title or name I know it would come

> under the Labor Laws but what in specific? or a section of  a code

> or ?? Well I guess I will need to search a bit harder.

> >  

> > Thank you for sharing your experince,

> >  

> > Respectfully,

> >  

> >  

> > Jeanetta Mastron CPhT BS

> > F/O

> >

>

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Dear elliedblu,

I just went to that site and indeed it is the US Departmetn of Labor

Standards Act site.

I found a link to a very nice power point that may help some of you:

http://www.dol.gov/esa/whd/flsa/comprehensive.ppt

I am still searching for some specific information. Btu what you have

provided shows that NO breaks or meals required by Federal Law, butr

rather state laws may or may not require them. This then leads me to

believe that perhaps both Jule and I, but definitely I am/are

incorrect and that ONLY the state governs exact breaks. Funny how I

believed it was FEDERAL law involved in a recent change about 2 -4

yrs ago.

Thanks for your sleuting!

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator/Program Director

Founder/Owner of this site

> > >

> > > Hi Jule!

> > >  

> > > Yes that is my understanding too!

> > > But CA went as far as outlining the JOB titles such as

> > policemen/women, doctors, nurses, emergency personnel etc. Then

the

> > states can write MORE than is outlined by Fed law. That is what

CA

> > did a few years back. Then each dept under consumer affairs did

own

> > their thing and finally policy and procedure. That is why we have

> it

> > where your pharmacist was allowed to check a script, instead of

> > shutting it down completely.

> > >  

> > > In some states techs are not yet recognized by a licensing

board

> > nor registered. So the pharmacists can not leave them in charge

of

> > the pharmacy. The Fed law allows for a pharmacist to take a 30

> minute

> > break but does not state that the tech can be left in charge

> because

> > the Federal law does NOT address 'technicians' per se.  It does

> > however address ancillary personnel, but the Federal law does

> > notaddress leaving them in charge as each state can make those

> rules.

> > >  

> > > I am seeking the specific LAW title or name I know it would

come

> > under the Labor Laws but what in specific? or a section of  a

code

> > or ?? Well I guess I will need to search a bit harder.

> > >  

> > > Thank you for sharing your experince,

> > >  

> > > Respectfully,

> > >  

> > >  

> > > Jeanetta Mastron CPhT BS

> > > F/O

> > >

> >

>

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department of labor is federal, and the link she gave was to the dept. of labor

federal site.  in washington state the dept is known as the dept. of labor and

industries. 

From: Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...>

Dear eilliedblu,

THANK YOU for providing the name of a law: The Fair Labor Standards

Act (FLSA). So is this a federal law or a WI state law?

The Department of labor is a state department, correct?

If it is a state law, does anyone know the name of a federal law that

refers to breaks and such that serves as a guide for each state and

each state can change up? Is this fair Labot Standards Act that Fed

law that I am referring to?

Thanks again!

Yes very important to see the differences between states and to

appreciate and respect them.

Jeanetta Mastron CPhT BS

Pharm Tech Program Director

Founder/Owner of this site

> >

> > Hi Jule!

> >  

> > Yes that is my understanding too!

> > But CA went as far as outlining the JOB titles such as

> policemen/women, doctors, nurses, emergency personnel etc. Then the

> states can write MORE than is outlined by Fed law. That is what CA

> did a few years back. Then each dept under consumer affairs did own

> their thing and finally policy and procedure. That is why we have

it

> where your pharmacist was allowed to check a script, instead of

> shutting it down completely.

> >  

> > In some states techs are not yet recognized by a licensing board

> nor registered. So the pharmacists can not leave them in charge of

> the pharmacy. The Fed law allows for a pharmacist to take a 30

minute

> break but does not state that the tech can be left in charge

because

> the Federal law does NOT address 'technicians' per se.  It does

> however address ancillary personnel, but the Federal law does

> notaddress leaving them in charge as each state can make those

rules.

> >  

> > I am seeking the specific LAW title or name I know it would come

> under the Labor Laws but what in specific? or a section of  a code

> or ?? Well I guess I will need to search a bit harder.

> >  

> > Thank you for sharing your experince,

> >  

> > Respectfully,

> >  

> >  

> > Jeanetta Mastron CPhT BS

> > F/O

> >

>

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I too was absolutely amazed to read that the federal law does not

require breaks as I thought it did. Another reason I'm grateful to

live in WI and I have a job where management treats their workers so

well.

>

> Dear elliedblu,

>

> I just went to that site and indeed it is the US Departmetn of

Labor

> Standards Act site.

> I found a link to a very nice power point that may help some of

you:

> http://www.dol.gov/esa/whd/flsa/comprehensive.ppt

>

> I am still searching for some specific information. Btu what you

have

> provided shows that NO breaks or meals required by Federal Law,

butr

> rather state laws may or may not require them. This then leads me

to

> believe that perhaps both Jule and I, but definitely I am/are

> incorrect and that ONLY the state governs exact breaks. Funny how I

> believed it was FEDERAL law involved in a recent change about 2 -4

> yrs ago.

>

> Thanks for your sleuting!

>

>

> Respectfully,

>

>

> Jeanetta Mastron CPhT BS

> Pharm Tech Educator/Program Director

> Founder/Owner of this site

>

>

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I felt the SAME way after reading this!

 

(except I live in Ca).

 

Jeanetta

From: elliedblu <elliedblu@...>

Subject: Re: Pharmacist's absent

Date: Sunday, August 24, 2008, 2:48 PM

I too was absolutely amazed to read that the federal law does not

require breaks as I thought it did. Another reason I'm grateful to

live in WI and I have a job where management treats their workers so

well.

>

> Dear elliedblu,

>

> I just went to that site and indeed it is the US Departmetn of

Labor

> Standards Act site.

> I found a link to a very nice power point that may help some of

you:

> http://www.dol.gov/esa/whd/flsa/comprehensive.ppt

>

> I am still searching for some specific information. Btu what you

have

> provided shows that NO breaks or meals required by Federal Law,

butr

> rather state laws may or may not require them. This then leads me

to

> believe that perhaps both Jule and I, but definitely I am/are

> incorrect and that ONLY the state governs exact breaks. Funny how I

> believed it was FEDERAL law involved in a recent change about 2 -4

> yrs ago.

>

> Thanks for your sleuting!

>

>

> Respectfully,

>

>

> Jeanetta Mastron CPhT BS

> Pharm Tech Educator/Program Director

> Founder/Owner of this site

>

>

------------------------------------

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FYI

Here is the CA law. It also references the labor law. I deleted some of the

first half but left the reference numbers.

4115 (F) (g) Notwithstanding subdivisions (a) and (B), the board shall by

regulation establish conditions to permit the temporary absence of a

pharmacist for breaks and lunch periods pursuant to Section 512 of the Labor

Code and the orders of the Industrial Welfare Commission without closing the

pharmacy. During these temporary absences, a pharmacy technician may, at the

discretion of the pharmacist, remain in the pharmacy but may only perform

nondiscretionary tasks. The pharmacist shall be responsible for a pharmacy

technician and shall review any task performed by a pharmacy technician

during the pharmacist's temporary absence. Nothing in this subdivision shall

be construed to authorize a pharmacist to supervise pharmacy technicians in

greater ratios than those described in subdivision (f).

§1714.1. Pharmacy Operations During the Temporary Absence of a Pharmacist.

This section is to ensure that pharmacists are able to have duty free breaks

and meal periods to which they are entitled under Section 512 of the Labor

Code and the orders of the Industrial Welfare Commission, without

unreasonably impairing the ability of a pharmacy to remain open.

(a) In any pharmacy that is staffed by a single pharmacist, the pharmacist

may leave the pharmacy temporarily for breaks and meal periods pursuant to

Section 512 of the Labor Code and the orders of the Industrial Welfare

Commission without closing the pharmacy and removing ancillary staff from

the pharmacy if the pharmacist reasonably believes that the security of the

dangerous drugs and devices will be maintained in his or her absence. 94

If in the professional judgment of the pharmacist, the pharmacist determines

that the pharmacy should close during his or her absence, then the

pharmacist shall close the pharmacy and remove all ancillary staff from the

pharmacy during his or her absence.

(B) During the pharmacist's temporary absence, no prescription medication

may be provided to a patient or to a patient's agent unless the prescription

medication is a refill medication that the pharmacist has checked, released

for furnishing to the patient and was determined not to require the

consultation of a pharmacist.

© During such times that the pharmacist is temporarily absent from the

pharmacy, the ancillary staff may continue to perform the non-discretionary

duties authorized to them by pharmacy law. However, any duty performed by

any member of the ancillary staff shall be reviewed by a pharmacist upon his

or her return to the pharmacy.

(d) During the temporary absence of a pharmacist as authorized by this

section, an intern pharmacist may not perform any discretionary duties nor

otherwise act as a pharmacist.

(e) The temporary absence authorized by this section shall be limited to the

minimum period authorized for pharmacists by section 512 of Labor Code or

orders of the Industrial Welfare Commission, and any meal shall be limited

to 30 minutes. The pharmacist who is on break shall not be required to

remain in the pharmacy area during the break period.

(f) The pharmacy shall have written policies and procedures regarding the

operations of the pharmacy during the temporary absence of the pharmacist

for breaks and meal periods. The policies and procedures shall include the

authorized duties of ancillary staff, the pharmacist's responsibilities for

checking all work performed by ancillary staff and the pharmacist's

responsibility for maintaining the security of the pharmacy. The policies

and procedures shall be open to inspection by the board or its designee at

all times during business hours.

(g) For the purposes of this section, ancillary staff includes: an intern

pharmacist, a pharmacy technician, non-licensed personnel as defined in

Section 1793.3 of Title 16 of the California Code of Regulations and a

pharmacy technician trainee as defined in Section 4115.5(a) of the Business

and Professions Code.

Julette Barta CPhT, BSIT, MA Ed.

Pharmacy Instructor

CRY-ROP

PO Box 8640

1214 Indiana Ct.

Redlands, CA 92374

Cell 951-741-4011 Fax 909-793-6901

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Thank you Jule!

This is exactly what I had posted on August 18, 2008 in Message

#15620. But it is good to have it twice to clarify what we have been

all talking about.

I just can not believe the FEDERAL government does not require

breaks!!!! I thought the Federal government freed slaves!

Glad to know that in WI, WA, Tx, NJ and CA (those we have heard from

in this discussion - perhaps a few more) that there are STATE labor

laws to require such breaks.

Jeanetta Mastron CPhT BS

Pharm Tech Educator/Program Director

Founder/Owner of this site

>

> FYI

> Here is the CA law. It also references the labor law. I deleted

some of the

> first half but left the reference numbers.

>

> 4115 (F) (g) Notwithstanding subdivisions (a) and (B), the board

shall by

> regulation establish conditions to permit the temporary absence of a

> pharmacist for breaks and lunch periods pursuant to Section 512 of

the Labor

> Code and the orders of the Industrial Welfare Commission without

closing the

> pharmacy. During these temporary absences, a pharmacy technician

may, at the

> discretion of the pharmacist, remain in the pharmacy but may only

perform

> nondiscretionary tasks. The pharmacist shall be responsible for a

pharmacy

> technician and shall review any task performed by a pharmacy

technician

> during the pharmacist's temporary absence. Nothing in this

subdivision shall

> be construed to authorize a pharmacist to supervise pharmacy

technicians in

> greater ratios than those described in subdivision (f).

>

> §1714.1. Pharmacy Operations During the Temporary Absence of a

Pharmacist.

> This section is to ensure that pharmacists are able to have duty

free breaks

> and meal periods to which they are entitled under Section 512 of

the Labor

> Code and the orders of the Industrial Welfare Commission, without

> unreasonably impairing the ability of a pharmacy to remain open.

> (a) In any pharmacy that is staffed by a single pharmacist, the

pharmacist

> may leave the pharmacy temporarily for breaks and meal periods

pursuant to

> Section 512 of the Labor Code and the orders of the Industrial

Welfare

> Commission without closing the pharmacy and removing ancillary

staff from

> the pharmacy if the pharmacist reasonably believes that the

security of the

> dangerous drugs and devices will be maintained in his or her

absence. 94

> If in the professional judgment of the pharmacist, the pharmacist

determines

> that the pharmacy should close during his or her absence, then the

> pharmacist shall close the pharmacy and remove all ancillary staff

from the

> pharmacy during his or her absence.

> (B) During the pharmacist's temporary absence, no prescription

medication

> may be provided to a patient or to a patient's agent unless the

prescription

> medication is a refill medication that the pharmacist has checked,

released

> for furnishing to the patient and was determined not to require the

> consultation of a pharmacist.

> © During such times that the pharmacist is temporarily absent

from the

> pharmacy, the ancillary staff may continue to perform the non-

discretionary

> duties authorized to them by pharmacy law. However, any duty

performed by

> any member of the ancillary staff shall be reviewed by a pharmacist

upon his

> or her return to the pharmacy.

> (d) During the temporary absence of a pharmacist as authorized by

this

> section, an intern pharmacist may not perform any discretionary

duties nor

> otherwise act as a pharmacist.

> (e) The temporary absence authorized by this section shall be

limited to the

> minimum period authorized for pharmacists by section 512 of Labor

Code or

> orders of the Industrial Welfare Commission, and any meal shall be

limited

> to 30 minutes. The pharmacist who is on break shall not be required

to

> remain in the pharmacy area during the break period.

> (f) The pharmacy shall have written policies and procedures

regarding the

> operations of the pharmacy during the temporary absence of the

pharmacist

> for breaks and meal periods. The policies and procedures shall

include the

> authorized duties of ancillary staff, the pharmacist's

responsibilities for

> checking all work performed by ancillary staff and the pharmacist's

> responsibility for maintaining the security of the pharmacy. The

policies

> and procedures shall be open to inspection by the board or its

designee at

> all times during business hours.

> (g) For the purposes of this section, ancillary staff includes: an

intern

> pharmacist, a pharmacy technician, non-licensed personnel as

defined in

> Section 1793.3 of Title 16 of the California Code of Regulations

and a

> pharmacy technician trainee as defined in Section 4115.5(a) of the

Business

> and Professions Code.

>

> Julette Barta CPhT, BSIT, MA Ed.

> Pharmacy Instructor

> CRY-ROP

> PO Box 8640

> 1214 Indiana Ct.

> Redlands, CA 92374

> Cell 951-741-4011 Fax 909-793-6901

>

>

>

> Internal Virus Database is out-of-date.

> Checked by AVG Free Edition.

> Version: 7.5.503 / Virus Database: 269.15.31/1130 - Release Date:

11/14/2007

> 9:27 AM

>

>

>

>

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Is it possible to tell an angry customer, that the pharmacy has to close

while the pharmacist eats, because it is state law...AND that it is law that

everyone get a lunch break? I'm sure they would want to eat lunch

sometime...Most won't argue if you tell them something is the way it is because

it is a

law. However, some will still argue.

In a message dated 8/23/2008 3:01:57 P.M. Central Daylight Time,

julebarta@... writes:

My understanding is the Labor laws (Fed) would require the pharmacist, or

any employee, to have 30 minute uninterrupted break. State law is Pharmacy

practice so this would govern how it is handled in the pharmacy. i.e. close

the pharmacy or do not give out any Rx’s etc.

When I worked retail most of the time the pharmacist would sit in a back

corner and read the paper and eat. One of the clerks or techs would run out

and pick up fast food for whoever wanted it. We did our best to make sure

everything was done so they wouldn’t be interrupted but if someone needed a

consultation they would come out real quick or check off a med. I only had 2

pharmacists ever leave the pharmacy to take a break. I guess at times it is

easier to stay then to deal with angry customers.

Speaking of customers and breaks I had one get very upset that they had to

wait 5 minutes to have their prescription checked off. I said the pharmacist

had stepped out and would be back in a moment. She was very upset and said

that he should be there at all times to help serve the customers. I said

well he has to go to the bathroom sometime and he will be right back. That

seemed to get her to shut her mouth. It is amazing how people only tend to

think of themselves and not realize we have to take a break, eat or go to

the bathroom also.

Julette Barta CPhT, BSIT, MA Ed.

Pharmacy Instructor

CRY-ROP

PO Box 8640

1214 Indiana Ct.

Redlands, CA 92374

Cell 951-741-4011 Fax 909-793-6901

Internal Virus Database is out-of-date.

Checked by AVG Free Edition.

Version: 7.5.503 / Virus Database: 269.15.31/1130 - Release Date: 11/14/2007

9:27 AM

[Non-text portions of this message have been removed]

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**************It's only a deal if it's where you want to go. Find your travel

deal here.

(http://information.travel.aol.com/deals?ncid=aoltrv00050000000047)

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