Re: Re: info regarding narcotics

[Guest guest]

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear

Dora and ,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

Hi,

Although like the rest of you I couldn't find specific information regarding

technicians and handling narcotics, it's my belief that the policies in place

that prohibit technicians from handling narcotics are " in-house " policies and

vary from place to place. I copied the parts of the law that I think are

relevant. Each distributer of narcotics applies for a DEA number. According to

DEA law, the DEA considers a number of factors before issuing the license to

distribute narcotics such as the maintenance of effective control against

diversion of controlled substances. In many cases, that may mean limiting

access to narcotics to only the pharmacist who obviously has more to lose than

the technician (ie. their license). For example, I work for CVS and it is

company policy that only RPh's can accept the narcotic delivery, check the order

against the 222 form, have access to the safe and count the pills for each

prescription. I have on occasion been asked to count out a narcotic wh

en the pharmacist was doing the monthly inventory and the count was off - sort

of a double check. But that's it. But years ago, when I worked for Eckerd, the

safe was in the center of the bench, always open, and the techs counted whatever

label came their way.

JMO. And also, I work in NJ. There is no NJ law against technicians handling

narcotics. I only checked federal law.

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF

CONTROLLED SUBSTANCES

823. Registration requirements

( Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled

substance in schedule I or II unless he determines that the issuance of such

registration is inconsistent with the public interest. In determining the public

interest, the following factors shall be considered:

(1) maintenance of effective control against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled

substances in schedule III, IV, or V, unless he determines that the issuance of

such registration is inconsistent with the public interest. In determining the

public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(f) Research by practitioners; pharmacies; research applications; construction

of Article 7 of the Convention on Psychotropic Substances

The Attorney General shall register practitioners (including pharmacies, as

distinguished from pharmacists) to dispense, or conduct research with,

controlled substances in schedule II, III, IV, or V, if the applicant is

authorized to dispense, or conduct research with respect to, controlled

substances under the laws of the State in which he practices. The Attorney

General may deny an application for such registration if he determines that the

issuance of such registration would be inconsistent with the public interest. In

determining the public interest, the following factors shall be considered:

(1) The recommendation of the appropriate State licensing board or professional

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting research with

respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws relating to

the manufacture, distribution, or dispensing of controlled substances.

(4) Compliance with applicable State, Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research

with controlled substances in schedule II, III, IV, or V, who are already

registered under this part in another capacity, shall not be required.

Registration applications by practitioners wishing to conduct research with

controlled substances in schedule I shall be referred to the Secretary, who

shall determine the qualifications and competency of each practitioner

requesting registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol, shall consult

with the Attorney General as to effective procedures to adequately safeguard

against diversion of such controlled substances from legitimate medical or

scientific use. Registration for the purpose of bona fide research with

controlled substances in schedule I by a practitioner deemed qualified by the

Secretary may be denied by the Attorney General only on a ground specified in

section 824(a) o

f this title. Article 7 of the Convention on Psychotropic Substances shall not

be construed to prohibit, or impose additional restrictions upon, research

involving drugs or other substances scheduled under the convention which is

conducted in conformity with this subsection and other applicable provisions of

this subchapter.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: maria hickman <mariacs59@...>

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear Dora and

,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

You are welcome!

Sooooooooooooooooo are there any Florida Techs out there?

What is the 'practice' in your place of employmennt? ARE techs 'allowed' to

handle controlled substances?

IF so this does not make it legal? Just want to see the difference in

'practice'.

Then the next question is what is legal in Florida? Actually this us the first

queston! Can anyone find this on the net? give us a link?

Respectfully,

Jeanetta Mastron CPhT BS

Founder?Owner

maria hickman <mariacs59@...> wrote:

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear

Dora and ,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

Point well taken!

Each state has the authority to make laws that allow or not allow techs to do

specific tasks. But if a state does not spell it out exactly what a tech can and

can not do, it leaves room for the pharmacist to individually interpret the law.

Unless there is a Fed law that prohibits it. Someimes it is hidden in the law.

For example some states ( I did not check the Florida laws) will use the

follwoing language:

" ONLY a pharmacist may.... "

Only a pharmacist can.... "

" Only a pharmacist or a pharmacist intern can....... "

Since this is not written in the techs section, one may not think that a

pharmacist is the only one who can do what ever follows ..... So tech info is

not totally written in the tech section of the law.

" Only a pharmacist can transfer a prescription. "

" Only a pharmacist or pharmacist intern (under the direction of the pharmacist)

may counsel a patient.

In LEGAL terms this is what is called : an " exclusionary " clause or phrase.

It is interpreted that a tech may not do XYZ just because itstates only a

" pharmacist can " and excludes the tech or others.

Has any one found anything in the Florida state laws that is inclusionary or

exclusionary in the pharmacists section?

Respectfully,

Jeanetta Mastron CPhT BS

Founder/Owner

Suzette LeBlanc <suzetteleblanc@...> wrote:

I worked in florida as a tech. I had to learn from on the job

training. I counted narcotics one time with the pharmacy manager, she

brought them to the counter and I counted out three different scrips.

I was nervous and did not want to but I did not know if I was being

insubordinate as they would call it if I didn't do it or was I

breaking the law. I really did not trust her. Florida needs to have

everyone on the same page. I think pharmacies are doing company

policy:whatever is in at the time. Especially with the retired

community.

Suzette CPhT.

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle

narcotics?....Thanks for any and all input...

>

>

[Guest guest]

Thank you ,

At one time, and if I look I think it is still there and would find it, the Fed

Law stated that only a pharmacist may do the physical inventory count and order

and receive narcotics (CS) via DEA 222 and check/log them in.

" ... it is company policy that only RPh's can accept the narcotic delivery,

check the order against the 222 form, have access to the safe and count the

pills for each prescription. " "

This is NOT a policy!! it is a state law that is interpeted from the fed law. I

just do not have the 'law' in front of me nor the time to find it. EACH state

says the same think. See my previous posts regarding 'Exclusionary " phrases.

If the exclusionary statement is in Fed law the state must obide by it and does

not have to repeat it.

In school we teach:

Fed Law: Only a pharmacist may perform controlled substance inventory, order on

DEA and receive controlled substance deliveries/check in.

But Ca state law does repeat this as well. Then it changes in practice as to who

may handle Controlled substances: In California, retail techs should not be

handling Class II narcs or controlled substances. But hospital techs make

demerol syringes Class II ALL the time. Yet in neither place does a tech order

the controlled substances via DEA 222, not even the tech purchaser. A tech

'might' prepare the DEA 222 order for the pharmacist and the pharmacist sign

it but that is not legal even though it is done in practice.

Respectfully,

Jeantta Mastron CPhT BS

Founder/Owner

cphtgenius@... wrote: Hi,

Although like the rest of you I couldn't find specific information regarding

technicians and handling narcotics, it's my belief that the policies in place

that prohibit technicians from handling narcotics are " in-house " policies and

vary from place to place. I copied the parts of the law that I think are

relevant. Each distributer of narcotics applies for a DEA number. According to

DEA law, the DEA considers a number of factors before issuing the license to

distribute narcotics such as the maintenance of effective control against

diversion of controlled substances. In many cases, that may mean limiting

access to narcotics to only the pharmacist who obviously has more to lose than

the technician (ie. their license). For example, I work for CVS and it is

company policy that only RPh's can accept the narcotic delivery, check the order

against the 222 form, have access to the safe and count the pills for each

prescription. I have on occasion been asked to count out a

narcotic wh

en the pharmacist was doing the monthly inventory and the count was off - sort

of a double check. But that's it. But years ago, when I worked for Eckerd, the

safe was in the center of the bench, always open, and the techs counted whatever

label came their way.

JMO. And also, I work in NJ. There is no NJ law against technicians handling

narcotics. I only checked federal law.

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF

CONTROLLED SUBSTANCES

823. Registration requirements

( Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled

substance in schedule I or II unless he determines that the issuance of such

registration is inconsistent with the public interest. In determining the public

interest, the following factors shall be considered:

(1) maintenance of effective control against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating

to the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled

substances in schedule III, IV, or V, unless he determines that the issuance of

such registration is inconsistent with the public interest. In determining the

public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of particular

controlled substances into other than legitimate medical, scientific, and

industrial channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating

to the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(f) Research by practitioners; pharmacies; research applications; construction

of Article 7 of the Convention on Psychotropic Substances

The Attorney General shall register practitioners (including pharmacies, as

distinguished from pharmacists) to dispense, or conduct research with,

controlled substances in schedule II, III, IV, or V, if the applicant is

authorized to dispense, or conduct research with respect to, controlled

substances under the laws of the State in which he practices. The Attorney

General may deny an application for such registration if he determines that the

issuance of such registration would be inconsistent with the public interest. In

determining the public interest, the following factors shall be considered:

(1) The recommendation of the appropriate State licensing board or professional

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting research with

respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws relating to

the manufacture, distribution, or dispensing of controlled substances.

(4) Compliance with applicable State, Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research

with controlled substances in schedule II, III, IV, or V, who are already

registered under this part in another capacity, shall not be required.

Registration applications by practitioners wishing to conduct research with

controlled substances in schedule I shall be referred to the Secretary, who

shall determine the qualifications and competency of each practitioner

requesting registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol, shall consult

with the Attorney General as to effective procedures to adequately safeguard

against diversion of such controlled substances from legitimate medical or

scientific use. Registration for the purpose of bona fide research with

controlled substances in schedule I by a practitioner deemed qualified by the

Secretary may be denied by the Attorney General only on a ground specified in

section

824(a) o

f this title. Article 7 of the Convention on Psychotropic Substances shall not

be construed to prohibit, or impose additional restrictions upon, research

involving drugs or other substances scheduled under the convention which is

conducted in conformity with this subsection and other applicable provisions of

this subchapter.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: maria hickman <mariacs59@...>

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear Dora and

,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

Hi Jeanetta,

With all due respect, this is not law in New Jersey. Pharmacy technicians may

check in the CII order and alert the pharmacist to any discrepancy. They may

fill a CII rx from start to finish - data entry through counting the medication.

They may also perform the physical inventory. These policies are set by each

individual institution - not by the NJ-BOP. The NJ-BOP specifically states that

a pharmacy technician may prepare and count a prescription for all stock legend

drugs and controlled substances.

As for the inventory, federal law states only that it must be performed

biennially. It does not state who may or may not perform such inventory. It

states only that the registrant (the pharmacy that acquired the DEA number) must

perform an inventory. I placed a cut/paste below from the DEA.

I believe I am correct. If you can find the laws that state otherwise, I would

greatly appreciate reading them.

Sincerely,

(a) Inventory

Except as provided in subsection © of this section -

(1) every registrant under this subchapter shall, on May 1, 1971, or as soon

thereafter as such registrant first engages in the manufacture, distribution, or

dispensing of controlled substances, and every second year thereafter, make a

complete and accurate record of all stocks thereof on hand, except that the

regulations prescribed under this section shall permit each such biennial

inventory (following the initial inventory required by this paragraph) to be

prepared on such registrant's regular general physical inventory date (if any)

which is nearest to and does not vary by more than six months from the biennial

date that would otherwise apply;

(2) on the effective date of each regulation of the Attorney General controlling

a substance that immediately prior to such date was not a controlled substance,

each registrant under this subchapter manufacturing, distributing, or dispensing

such substance shall make a complete and accurate record of all stocks thereof

on hand; and

(3) on and after May 1, 1971, every registrant under this subchapter

manufacturing, distributing, or dispensing a controlled substance or substances

shall maintain, on a current basis, a complete and accurate record of each such

substance manufactured, received, sold, delivered, or otherwise disposed of by

him, except that this paragraph shall not require the maintenance of a perpetual

inventory.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: Jeanetta Mastron <rxjm2002@...>

Thank you ,

At one time, and if I look I think it is still there and would find it, the Fed

Law stated that only a pharmacist may do the physical inventory count and order

and receive narcotics (CS) via DEA 222 and check/log them in.

" ... it is company policy that only RPh's can accept the narcotic delivery,

check the order against the 222 form, have access to the safe and count the

pills for each prescription. " "

This is NOT a policy!! it is a state law that is interpeted from the fed law. I

just do not have the 'law' in front of me nor the time to find it. EACH state

says the same think. See my previous posts regarding 'Exclusionary " phrases.

If the exclusionary statement is in Fed law the state must obide by it and does

not have to repeat it.

In school we teach:

Fed Law: Only a pharmacist may perform controlled substance inventory, order on

DEA and receive controlled substance deliveries/check in.

But Ca state law does repeat this as well. Then it changes in practice as to who

may handle Controlled substances: In California, retail techs should not be

handling Class II narcs or controlled substances. But hospital techs make

demerol syringes Class II ALL the time. Yet in neither place does a tech order

the controlled substances via DEA 222, not even the tech purchaser. A tech

'might' prepare the DEA 222 order for the pharmacist and the pharmacist sign it

but that is not legal even though it is done in practice.

Respectfully,

Jeantta Mastron CPhT BS

Founder/Owner

cphtgenius@... wrote: Hi,

Although like the rest of you I couldn't find specific information regarding

technicians and handling narcotics, it's my belief that the policies in place

that prohibit technicians from handling narcotics are " in-house " policies and

vary from place to place. I copied the parts of the law that I think are

relevant. Each distributer of narcotics applies for a DEA number. According to

DEA law, the DEA considers a number of factors before issuing the license to

distribute narcotics such as the maintenance of effective control against

diversion of controlled substances. In many cases, that may mean limiting access

to narcotics to only the pharmacist who obviously has more to lose than the

technician (ie. their license). For example, I work for CVS and it is company

policy that only RPh's can accept the narcotic delivery, check the order against

the 222 form, have access to the safe and count the pills for each prescription.

I have on occasion been asked to count out a

narcotic wh

en the pharmacist was doing the monthly inventory and the count was off - sort

of a double check. But that's it. But years ago, when I worked for Eckerd, the

safe was in the center of the bench, always open, and the techs counted whatever

label came their way.

JMO. And also, I work in NJ. There is no NJ law against technicians handling

narcotics. I only checked federal law.

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF

CONTROLLED SUBSTANCES

823. Registration requirements

( Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled

substance in schedule I or II unless he determines that the issuance of such

registration is inconsistent with the public interest. In determining the public

interest, the following factors shall be considered:

(1) maintenance of effective control against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled

substances in schedule III, IV, or V, unless he determines that the issuance of

such registration is inconsistent with the public interest. In determining the

public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(f) Research by practitioners; pharmacies; research applications; construction

of Article 7 of the Convention on Psychotropic Substances

The Attorney General shall register practitioners (including pharmacies, as

distinguished from pharmacists) to dispense, or conduct research with,

controlled substances in schedule II, III, IV, or V, if the applicant is

authorized to dispense, or conduct research with respect to, controlled

substances under the laws of the State in which he practices. The Attorney

General may deny an application for such registration if he determines that the

issuance of such registration would be inconsistent with the public interest. In

determining the public interest, the following factors shall be considered:

(1) The recommendation of the appropriate State licensing board or professional

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting research with

respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws relating to

the manufacture, distribution, or dispensing of controlled substances.

(4) Compliance with applicable State, Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research

with controlled substances in schedule II, III, IV, or V, who are already

registered under this part in another capacity, shall not be required.

Registration applications by practitioners wishing to conduct research with

controlled substances in schedule I shall be referred to the Secretary, who

shall determine the qualifications and competency of each practitioner

requesting registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol, shall consult

with the Attorney General as to effective procedures to adequately safeguard

against diversion of such controlled substances from legitimate medical or

scientific use. Registration for the purpose of bona fide research with

controlled substances in schedule I by a practitioner deemed qualified by the

Secretary may be denied by the Attorney General only on a ground specified in

section

824(a) o

f this title. Article 7 of the Convention on Psychotropic Substances shall not

be construed to prohibit, or impose additional restrictions upon, research

involving drugs or other substances scheduled under the convention which is

conducted in conformity with this subsection and other applicable provisions of

this subchapter.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: maria hickman <mariacs59@...>

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear Dora and

,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

THANK YOU ,

This was at one time wording in FED law, the original FED law never mentioned

techs, but only that no one else may handle the controlled substnaces, by

exclusivity.

By removing exclusivity from FED law it paved the way for states to allow

techs to handle the CS or narcs.

I have not looked this up in over 5 years. But I will scour the laws to find

it. So I am assuming the cut paste is fed law?

Thank you so much for being such a great sleuth! One of the many reasons you

are a TEXPERT on my site!

Respectfully,

Jeanetta

cphtgenius@... wrote:

Hi Jeanetta,

With all due respect, this is not law in New Jersey. Pharmacy technicians may

check in the CII order and alert the pharmacist to any discrepancy. They may

fill a CII rx from start to finish - data entry through counting the medication.

They may also perform the physical inventory. These policies are set by each

individual institution - not by the NJ-BOP. The NJ-BOP specifically states that

a pharmacy technician may prepare and count a prescription for all stock legend

drugs and controlled substances.

As for the inventory, federal law states only that it must be performed

biennially. It does not state who may or may not perform such inventory. It

states only that the registrant (the pharmacy that acquired the DEA number) must

perform an inventory. I placed a cut/paste below from the DEA.

I believe I am correct. If you can find the laws that state otherwise, I would

greatly appreciate reading them.

Sincerely,

(a) Inventory

Except as provided in subsection © of this section -

(1) every registrant under this subchapter shall, on May 1, 1971, or as soon

thereafter as such registrant first engages in the manufacture, distribution, or

dispensing of controlled substances, and every second year thereafter, make a

complete and accurate record of all stocks thereof on hand, except that the

regulations prescribed under this section shall permit each such biennial

inventory (following the initial inventory required by this paragraph) to be

prepared on such registrant's regular general physical inventory date (if any)

which is nearest to and does not vary by more than six months from the biennial

date that would otherwise apply;

(2) on the effective date of each regulation of the Attorney General controlling

a substance that immediately prior to such date was not a controlled substance,

each registrant under this subchapter manufacturing, distributing, or dispensing

such substance shall make a complete and accurate record of all stocks thereof

on hand; and

(3) on and after May 1, 1971, every registrant under this subchapter

manufacturing, distributing, or dispensing a controlled substance or substances

shall maintain, on a current basis, a complete and accurate record of each such

substance manufactured, received, sold, delivered, or otherwise disposed of by

him, except that this paragraph shall not require the maintenance of a perpetual

inventory.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: Jeanetta Mastron <rxjm2002@...>

Thank you ,

At one time, and if I look I think it is still there and would find it, the Fed

Law stated that only a pharmacist may do the physical inventory count and order

and receive narcotics (CS) via DEA 222 and check/log them in.

" ... it is company policy that only RPh's can accept the narcotic delivery,

check the order against the 222 form, have access to the safe and count the

pills for each prescription. " "

This is NOT a policy!! it is a state law that is interpeted from the fed law. I

just do not have the 'law' in front of me nor the time to find it. EACH state

says the same think. See my previous posts regarding 'Exclusionary " phrases.

If the exclusionary statement is in Fed law the state must obide by it and does

not have to repeat it.

In school we teach:

Fed Law: Only a pharmacist may perform controlled substance inventory, order on

DEA and receive controlled substance deliveries/check in.

But Ca state law does repeat this as well. Then it changes in practice as to who

may handle Controlled substances: In California, retail techs should not be

handling Class II narcs or controlled substances. But hospital techs make

demerol syringes Class II ALL the time. Yet in neither place does a tech order

the controlled substances via DEA 222, not even the tech purchaser. A tech

'might' prepare the DEA 222 order for the pharmacist and the pharmacist sign it

but that is not legal even though it is done in practice.

Respectfully,

Jeantta Mastron CPhT BS

Founder/Owner

cphtgenius@... wrote: Hi,

Although like the rest of you I couldn't find specific information regarding

technicians and handling narcotics, it's my belief that the policies in place

that prohibit technicians from handling narcotics are " in-house " policies and

vary from place to place. I copied the parts of the law that I think are

relevant. Each distributer of narcotics applies for a DEA number. According to

DEA law, the DEA considers a number of factors before issuing the license to

distribute narcotics such as the maintenance of effective control against

diversion of controlled substances. In many cases, that may mean limiting access

to narcotics to only the pharmacist who obviously has more to lose than the

technician (ie. their license). For example, I work for CVS and it is company

policy that only RPh's can accept the narcotic delivery, check the order against

the 222 form, have access to the safe and count the pills for each prescription.

I have on occasion been asked to count out a

narcotic wh

en the pharmacist was doing the monthly inventory and the count was off - sort

of a double check. But that's it. But years ago, when I worked for Eckerd, the

safe was in the center of the bench, always open, and the techs counted whatever

label came their way.

JMO. And also, I work in NJ. There is no NJ law against technicians handling

narcotics. I only checked federal law.

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF

CONTROLLED SUBSTANCES

823. Registration requirements

( Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled

substance in schedule I or II unless he determines that the issuance of such

registration is inconsistent with the public interest. In determining the public

interest, the following factors shall be considered:

(1) maintenance of effective control against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled

substances in schedule III, IV, or V, unless he determines that the issuance of

such registration is inconsistent with the public interest. In determining the

public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(f) Research by practitioners; pharmacies; research applications; construction

of Article 7 of the Convention on Psychotropic Substances

The Attorney General shall register practitioners (including pharmacies, as

distinguished from pharmacists) to dispense, or conduct research with,

controlled substances in schedule II, III, IV, or V, if the applicant is

authorized to dispense, or conduct research with respect to, controlled

substances under the laws of the State in which he practices. The Attorney

General may deny an application for such registration if he determines that the

issuance of such registration would be inconsistent with the public interest. In

determining the public interest, the following factors shall be considered:

(1) The recommendation of the appropriate State licensing board or professional

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting research with

respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws relating to

the manufacture, distribution, or dispensing of controlled substances.

(4) Compliance with applicable State, Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research

with controlled substances in schedule II, III, IV, or V, who are already

registered under this part in another capacity, shall not be required.

Registration applications by practitioners wishing to conduct research with

controlled substances in schedule I shall be referred to the Secretary, who

shall determine the qualifications and competency of each practitioner

requesting registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol, shall consult

with the Attorney General as to effective procedures to adequately safeguard

against diversion of such controlled substances from legitimate medical or

scientific use. Registration for the purpose of bona fide research with

controlled substances in schedule I by a practitioner deemed qualified by the

Secretary may be denied by the Attorney General only on a ground specified in

section

824(a) o

f this title. Article 7 of the Convention on Psychotropic Substances shall not

be construed to prohibit, or impose additional restrictions upon, research

involving drugs or other substances scheduled under the convention which is

conducted in conformity with this subsection and other applicable provisions of

this subchapter.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: maria hickman <mariacs59@...>

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear Dora and

,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

Hi Jeanetta,

The cut/paste is from www.dea.gov .

Thank you for challenging every one here to go one step further.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: Jeanetta Mastron <rxjm2002@...>

THANK YOU ,

This was at one time wording in FED law, the original FED law never mentioned

techs, but only that no one else may handle the controlled substnaces, by

exclusivity.

By removing exclusivity from FED law it paved the way for states to allow techs

to handle the CS or narcs.

I have not looked this up in over 5 years. But I will scour the laws to find it.

So I am assuming the cut paste is fed law?

Thank you so much for being such a great sleuth! One of the many reasons you are

a TEXPERT on my site!

Respectfully,

Jeanetta

cphtgenius@... wrote:

Hi Jeanetta,

With all due respect, this is not law in New Jersey. Pharmacy technicians may

check in the CII order and alert the pharmacist to any discrepancy. They may

fill a CII rx from start to finish - data entry through counting the medication.

They may also perform the physical inventory. These policies are set by each

individual institution - not by the NJ-BOP. The NJ-BOP specifically states that

a pharmacy technician may prepare and count a prescription for all stock legend

drugs and controlled substances.

As for the inventory, federal law states only that it must be performed

biennially. It does not state who may or may not perform such inventory. It

states only that the registrant (the pharmacy that acquired the DEA number) must

perform an inventory. I placed a cut/paste below from the DEA.

I believe I am correct. If you can find the laws that state otherwise, I would

greatly appreciate reading them.

Sincerely,

(a) Inventory

Except as provided in subsection © of this section -

(1) every registrant under this subchapter shall, on May 1, 1971, or as soon

thereafter as such registrant first engages in the manufacture, distribution, or

dispensing of controlled substances, and every second year thereafter, make a

complete and accurate record of all stocks thereof on hand, except that the

regulations prescribed under this section shall permit each such biennial

inventory (following the initial inventory required by this paragraph) to be

prepared on such registrant's regular general physical inventory date (if any)

which is nearest to and does not vary by more than six months from the biennial

date that would otherwise apply;

(2) on the effective date of each regulation of the Attorney General controlling

a substance that immediately prior to such date was not a controlled substance,

each registrant under this subchapter manufacturing, distributing, or dispensing

such substance shall make a complete and accurate record of all stocks thereof

on hand; and

(3) on and after May 1, 1971, every registrant under this subchapter

manufacturing, distributing, or dispensing a controlled substance or substances

shall maintain, on a current basis, a complete and accurate record of each such

substance manufactured, received, sold, delivered, or otherwise disposed of by

him, except that this paragraph shall not require the maintenance of a perpetual

inventory.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: Jeanetta Mastron <rxjm2002@...>

Thank you ,

At one time, and if I look I think it is still there and would find it, the Fed

Law stated that only a pharmacist may do the physical inventory count and order

and receive narcotics (CS) via DEA 222 and check/log them in.

" ... it is company policy that only RPh's can accept the narcotic delivery,

check the order against the 222 form, have access to the safe and count the

pills for each prescription. " "

This is NOT a policy!! it is a state law that is interpeted from the fed law. I

just do not have the 'law' in front of me nor the time to find it. EACH state

says the same think. See my previous posts regarding 'Exclusionary " phrases.

If the exclusionary statement is in Fed law the state must obide by it and does

not have to repeat it.

In school we teach:

Fed Law: Only a pharmacist may perform controlled substance inventory, order on

DEA and receive controlled substance deliveries/check in.

But Ca state law does repeat this as well. Then it changes in practice as to who

may handle Controlled substances: In California, retail techs should not be

handling Class II narcs or controlled substances. But hospital techs make

demerol syringes Class II ALL the time. Yet in neither place does a tech order

the controlled substances via DEA 222, not even the tech purchaser. A tech

'might' prepare the DEA 222 order for the pharmacist and the pharmacist sign it

but that is not legal even though it is done in practice.

Respectfully,

Jeantta Mastron CPhT BS

Founder/Owner

cphtgenius@... wrote: Hi,

Although like the rest of you I couldn't find specific information regarding

technicians and handling narcotics, it's my belief that the policies in place

that prohibit technicians from handling narcotics are " in-house " policies and

vary from place to place. I copied the parts of the law that I think are

relevant. Each distributer of narcotics applies for a DEA number. According to

DEA law, the DEA considers a number of factors before issuing the license to

distribute narcotics such as the maintenance of effective control against

diversion of controlled substances. In many cases, that may mean limiting access

to narcotics to only the pharmacist who obviously has more to lose than the

technician (ie. their license). For example, I work for CVS and it is company

policy that only RPh's can accept the narcotic delivery, check the order against

the 222 form, have access to the safe and count the pills for each prescription.

I have on occasion been asked to count out a

narcotic wh

en the pharmacist was doing the monthly inventory and the count was off - sort

of a double check. But that's it. But years ago, when I worked for Eckerd, the

safe was in the center of the bench, always open, and the techs counted whatever

label came their way.

JMO. And also, I work in NJ. There is no NJ law against technicians handling

narcotics. I only checked federal law.

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF

CONTROLLED SUBSTANCES

823. Registration requirements

( Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled

substance in schedule I or II unless he determines that the issuance of such

registration is inconsistent with the public interest. In determining the public

interest, the following factors shall be considered:

(1) maintenance of effective control against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled

substances in schedule III, IV, or V, unless he determines that the issuance of

such registration is inconsistent with the public interest. In determining the

public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating to

the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(f) Research by practitioners; pharmacies; research applications; construction

of Article 7 of the Convention on Psychotropic Substances

The Attorney General shall register practitioners (including pharmacies, as

distinguished from pharmacists) to dispense, or conduct research with,

controlled substances in schedule II, III, IV, or V, if the applicant is

authorized to dispense, or conduct research with respect to, controlled

substances under the laws of the State in which he practices. The Attorney

General may deny an application for such registration if he determines that the

issuance of such registration would be inconsistent with the public interest. In

determining the public interest, the following factors shall be considered:

(1) The recommendation of the appropriate State licensing board or professional

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting research with

respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws relating to

the manufacture, distribution, or dispensing of controlled substances.

(4) Compliance with applicable State, Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research

with controlled substances in schedule II, III, IV, or V, who are already

registered under this part in another capacity, shall not be required.

Registration applications by practitioners wishing to conduct research with

controlled substances in schedule I shall be referred to the Secretary, who

shall determine the qualifications and competency of each practitioner

requesting registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol, shall consult

with the Attorney General as to effective procedures to adequately safeguard

against diversion of such controlled substances from legitimate medical or

scientific use. Registration for the purpose of bona fide research with

controlled substances in schedule I by a practitioner deemed qualified by the

Secretary may be denied by the Attorney General only on a ground specified in

section

824(a) o

f this title. Article 7 of the Convention on Psychotropic Substances shall not

be construed to prohibit, or impose additional restrictions upon, research

involving drugs or other substances scheduled under the convention which is

conducted in conformity with this subsection and other applicable provisions of

this subchapter.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: maria hickman <mariacs59@...>

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear Dora and

,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>

[Guest guest]

Marie,

You are very gracious!

Thank you again!

I will continue to dabble here and there on the weekends trying to find any

mention of what I refer to. But I do believe it must have been removed or we

would not see the techs taking orders over the phone (TN and other states) or

handling narcotics in robotics etc. What I WANT is to know if there is any

reference to ancillary personnel or technicians etc. And if so what does it say

at all.

What you have cut and paste really does nto address 'who' but rather how and

when. I am not sure that the Fed Law will do so as this may be a state only

function.

Thank you please continue to search what you can if you have time. I am dealing

with re-accreditation at school which is very time consuming and not over until

October.

Thanks

J

cphtgenius@... wrote: Hi Jeanetta,

The cut/paste is from www.dea.gov .

Thank you for challenging every one here to go one step further.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: Jeanetta Mastron <rxjm2002@...>

THANK YOU ,

This was at one time wording in FED law, the original FED law never mentioned

techs, but only that no one else may handle the controlled substnaces, by

exclusivity.

By removing exclusivity from FED law it paved the way for states to allow techs

to handle the CS or narcs.

I have not looked this up in over 5 years. But I will scour the laws to find

it. So I am assuming the cut paste is fed law?

Thank you so much for being such a great sleuth! One of the many reasons you

are a TEXPERT on my site!

Respectfully,

Jeanetta

cphtgenius@... wrote:

Hi Jeanetta,

With all due respect, this is not law in New Jersey. Pharmacy technicians may

check in the CII order and alert the pharmacist to any discrepancy. They may

fill a CII rx from start to finish - data entry through counting the medication.

They may also perform the physical inventory. These policies are set by each

individual institution - not by the NJ-BOP. The NJ-BOP specifically states that

a pharmacy technician may prepare and count a prescription for all stock legend

drugs and controlled substances.

As for the inventory, federal law states only that it must be performed

biennially. It does not state who may or may not perform such inventory. It

states only that the registrant (the pharmacy that acquired the DEA number) must

perform an inventory. I placed a cut/paste below from the DEA.

I believe I am correct. If you can find the laws that state otherwise, I would

greatly appreciate reading them.

Sincerely,

(a) Inventory

Except as provided in subsection © of this section -

(1) every registrant under this subchapter shall, on May 1, 1971, or as soon

thereafter as such registrant first engages in the manufacture, distribution, or

dispensing of controlled substances, and every second year thereafter, make a

complete and accurate record of all stocks thereof on hand, except that the

regulations prescribed under this section shall permit each such biennial

inventory (following the initial inventory required by this paragraph) to be

prepared on such registrant's regular general physical inventory date (if any)

which is nearest to and does not vary by more than six months from the biennial

date that would otherwise apply;

(2) on the effective date of each regulation of the Attorney General

controlling a substance that immediately prior to such date was not a controlled

substance, each registrant under this subchapter manufacturing, distributing, or

dispensing such substance shall make a complete and accurate record of all

stocks thereof on hand; and

(3) on and after May 1, 1971, every registrant under this subchapter

manufacturing, distributing, or dispensing a controlled substance or substances

shall maintain, on a current basis, a complete and accurate record of each such

substance manufactured, received, sold, delivered, or otherwise disposed of by

him, except that this paragraph shall not require the maintenance of a perpetual

inventory.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: Jeanetta Mastron <rxjm2002@...>

Thank you ,

At one time, and if I look I think it is still there and would find it, the Fed

Law stated that only a pharmacist may do the physical inventory count and order

and receive narcotics (CS) via DEA 222 and check/log them in.

" ... it is company policy that only RPh's can accept the narcotic delivery,

check the order against the 222 form, have access to the safe and count the

pills for each prescription. " "

This is NOT a policy!! it is a state law that is interpeted from the fed law. I

just do not have the 'law' in front of me nor the time to find it. EACH state

says the same think. See my previous posts regarding 'Exclusionary " phrases.

If the exclusionary statement is in Fed law the state must obide by it and does

not have to repeat it.

In school we teach:

Fed Law: Only a pharmacist may perform controlled substance inventory, order on

DEA and receive controlled substance deliveries/check in.

But Ca state law does repeat this as well. Then it changes in practice as to

who may handle Controlled substances: In California, retail techs should not be

handling Class II narcs or controlled substances. But hospital techs make

demerol syringes Class II ALL the time. Yet in neither place does a tech order

the controlled substances via DEA 222, not even the tech purchaser. A tech

'might' prepare the DEA 222 order for the pharmacist and the pharmacist sign it

but that is not legal even though it is done in practice.

Respectfully,

Jeantta Mastron CPhT BS

Founder/Owner

cphtgenius@... wrote: Hi,

Although like the rest of you I couldn't find specific information regarding

technicians and handling narcotics, it's my belief that the policies in place

that prohibit technicians from handling narcotics are " in-house " policies and

vary from place to place. I copied the parts of the law that I think are

relevant. Each distributer of narcotics applies for a DEA number. According to

DEA law, the DEA considers a number of factors before issuing the license to

distribute narcotics such as the maintenance of effective control against

diversion of controlled substances. In many cases, that may mean limiting access

to narcotics to only the pharmacist who obviously has more to lose than the

technician (ie. their license). For example, I work for CVS and it is company

policy that only RPh's can accept the narcotic delivery, check the order against

the 222 form, have access to the safe and count the pills for each prescription.

I have on occasion been asked to count out a

narcotic wh

en the pharmacist was doing the monthly inventory and the count was off - sort

of a double check. But that's it. But years ago, when I worked for Eckerd, the

safe was in the center of the bench, always open, and the techs counted whatever

label came their way.

JMO. And also, I work in NJ. There is no NJ law against technicians handling

narcotics. I only checked federal law.

TITLE 21 - FOOD AND DRUGS

CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER I - CONTROL AND ENFORCEMENT

PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF

CONTROLLED SUBSTANCES

823. Registration requirements

( Distributors of controlled substances in schedule I or II

The Attorney General shall register an applicant to distribute a controlled

substance in schedule I or II unless he determines that the issuance of such

registration is inconsistent with the public interest. In determining the public

interest, the following factors shall be considered:

(1) maintenance of effective control against diversion of particular controlled

substances into other than legitimate medical, scientific, and industrial

channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating

to the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(e) Distributors of controlled substances in schedule III, IV, or V

The Attorney General shall register an applicant to distribute controlled

substances in schedule III, IV, or V, unless he determines that the issuance of

such registration is inconsistent with the public interest. In determining the

public interest, the following factors shall be considered:

(1) maintenance of effective controls against diversion of particular

controlled substances into other than legitimate medical, scientific, and

industrial channels;

(2) compliance with applicable State and local law;

(3) prior conviction record of applicant under Federal or State laws relating

to the manufacture, distribution, or dispensing of such substances;

(4) past experience in the distribution of controlled substances; and

(5) such other factors as may be relevant to and consistent with the public

health and safety.

(f) Research by practitioners; pharmacies; research applications; construction

of Article 7 of the Convention on Psychotropic Substances

The Attorney General shall register practitioners (including pharmacies, as

distinguished from pharmacists) to dispense, or conduct research with,

controlled substances in schedule II, III, IV, or V, if the applicant is

authorized to dispense, or conduct research with respect to, controlled

substances under the laws of the State in which he practices. The Attorney

General may deny an application for such registration if he determines that the

issuance of such registration would be inconsistent with the public interest. In

determining the public interest, the following factors shall be considered:

(1) The recommendation of the appropriate State licensing board or professional

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting research with

respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws relating to

the manufacture, distribution, or dispensing of controlled substances.

(4) Compliance with applicable State, Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may threaten the public health and safety.

Separate registration under this part for practitioners engaging in research

with controlled substances in schedule II, III, IV, or V, who are already

registered under this part in another capacity, shall not be required.

Registration applications by practitioners wishing to conduct research with

controlled substances in schedule I shall be referred to the Secretary, who

shall determine the qualifications and competency of each practitioner

requesting registration, as well as the merits of the research protocol. The

Secretary, in determining the merits of each research protocol, shall consult

with the Attorney General as to effective procedures to adequately safeguard

against diversion of such controlled substances from legitimate medical or

scientific use. Registration for the purpose of bona fide research with

controlled substances in schedule I by a practitioner deemed qualified by the

Secretary may be denied by the Attorney General only on a ground specified in

section

824(a) o

f this title. Article 7 of the Convention on Psychotropic Substances shall not

be construed to prohibit, or impose additional restrictions upon, research

involving drugs or other substances scheduled under the convention which is

conducted in conformity with this subsection and other applicable provisions of

this subchapter.

--

Life should not be a journey to the grave with the intention of arriving safely

in an attractive and well-preserved body, but rather to skid in sideways,

champagne in one hand, strawberries in the other, body thoroughly used up,

totally worn out and screaming " WOO HOO - what a ride! "

-------------- Original message --------------

From: maria hickman <mariacs59@...>

Thanks so much for trying...I thought maybe it was me....

Jeanetta Mastron CPhT BS Chemistry <rxjm2002@...> wrote: Dear Dora and

,

I searched that site till I was blue in the face even used boolean lang.

I could find nothing on pharm tech licensing or registration or

qualifications. I knew they had no requirements, but not even a

mention thqt they do not!

Secondly I tried to search about controlled substances and got no

where really. Not even a mention of the prescriptions that they are to

be written on!!! But they did metnion the laws surrounding a transfer

of such an Rx by a Rph to another Rx.

here are the site addys that I found that had any menton at all of

pharm techs and controlled substances. am at work/school right now.

Please copy and paste/enter them in www.tinyurl.com to make a small

site addy if they are too long or do not work.

http://www.leg.state.fl.us/statutes/index.cfm?StatuteYear=2005 & AppMode=Display_R\

esults & Mode=Search%2520Statutes & Submenu=2 & Tab=statutes & Search_String=controlled+\

substances*

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec06.HTM

Especially part 4 at the bottom

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes & SubMenu=1 & App\

_mode=Display_Statute & Search_String=controlled+substances* & URL=CH0893/Sec13.HTM

Especially part 7, 9a,9c

Respectfully,

Jeanetta Mastron CPhT BS

Pharm Tech Educator

Founder/Owner of this site

> I was wondering if you would know, or if anyone else may

know....are there any laws in the state of florida saying that techs,

certified or otherwise, are not allowed to handle narcotics?....Thanks

for any and all input...

>

>