Florida’s Pharmacy Technician Laws: Who is Really Filling Your Prescription?

Medication errors cause significant injuries every day in Florida. Sometimes, the mistakes are made by patients. But a frighteningly large percentage of the time, the errors result from negligence by doctors, nurses, hospitals, drug manufacturers, and pharmacies that dispense medication.

Mistakes occur for a wide variety of reasons. When a medication error involves a pharmacy, it often stems from a failure to properly train and supervise employees who handle medications, including pharmacy technicians. Florida’s pharmacy technician laws allow teenagers with minimal training to fill prescriptions. Many times, people who enter a pharmacy think that they are working with a licensed pharmacist when, in reality, the employee doing the work is a pharmacy technician or intern.

It is important to be aware of what is allowed under Florida law and to know how to protect yourself when a medication error occurs.

Understanding the Different Roles in a Pharmacy

Not everyone who works in a pharmacy is a pharmacist. Under Florida law, a pharmacist must hold a Doctor of Pharmacy degree from an accredited institution, pass state and national professional exams to demonstrate knowledge, and serve over 2000 hours as an intern. Then they apply for a license, which requires a background check.  

A licensed pharmacist must be on site while a prescription area is open, but the law allows that pharmacist to supervise up to six other employees who prepare and dispense medications. In some pharmacies, a pharmacist may supervise as many as 12 pharmacy technicians.

Pharmacy technicians in Florida must meet certain requirements, but they are not nearly as rigorous. While a pharmacist must have many years of higher-level education and professional experience, a pharmacy technician may be as young as 17 and may not even have a high school diploma or GED. They simply need to complete a board-approved training program and a background check. The training program can be completed in three to six months or less, and it may not require an internship. The difference in education and experience between a pharmacist and a pharmacy technician is monumental.

Pharmacies also employ pharmacy interns. These employees must have graduated from, or be currently enrolled in, a pharmacy program, but they do not need to demonstrate any particular level of knowledge.

In addition to these roles, pharmacies generally employ clerks and other assistants who interact with customers, stock shelves, manage inventory, and enter insurance information.

What a Pharmacy Technician Can Do

The roles of a pharmacy technician and a pharmacist are very similar. A licensed pharmacy technician may perform various tasks to fill prescriptions, such as counting tablets, measuring liquids, and packaging medication for a patient. The technician needs to choose the correct medication, including the appropriate form and concentration, and package it correctly.

Pharmacy technicians can alter or combine substances to create customized medications. This is known as compounding. For instance, a pharmacy technician can alter the strength of a medication. Compounding medication can be a risky practice if not performed perfectly because it can introduce contaminants or alter the effectiveness of a medication.

A technician may also receive written prescriptions, verify their accuracy, and enter information into the system. Technicians are allowed to communicate with doctors’ offices regarding refills. In fact, there are only a few specific tasks that technicians are not permitted to perform by law. They may not provide advice about prescribed medications or discuss potential drug interactions. In addition, technicians may not transfer prescriptions, accept changes in medication or new prescriptions over the phone (although they can accept them in writing), and they cannot perform a “final check” of the accuracy of a completed prescription. But many of the tasks involved in filling a prescription are routinely delegated to pharmacy technicians rather than performed by pharmacists.

When a Pharmacy Can Be Held Liable for Medication Errors Committed by a Technician

When an employee of a pharmacy—including a pharmacy technician—fails to meet the appropriate standard of care in dispensing medication, and that failure causes injuries, the pharmacy can be held legally liable for those injuries. Common mistakes that can lead to liability include:

• Giving a patient the wrong medication or the wrong strength of medication
• Labeling the medication incorrectly
• Not including necessary information about how to take the medication
• Allowing the medication to become contaminated

These mistakes could all be made by an inattentive technician. A pharmacist could also be liable for failing to check patient records regarding potential allergies or drug interactions. As the employer of the pharmacist and the technicians, the pharmacy itself could bear the liability for medication errors.

Anyone injured due to negligence in handling a prescription may be able to work with a personal injury attorney to recover compensation for the cost of additional medical care and other needs, as well as amounts to make up for lost wages, pain, suffering, and impairment of the quality of life. If a medication error leads to wrongful death, family members may be able to receive compensation through a wrongful death claim.

Work with a Legal Team Prepared to Hold Pharmacies Accountable When They Make Mistakes

A medication error can cause permanent physical damage as well as emotional trauma. When you’ve been hurt as a result of someone else’s careless mistake, it is only fair that you should receive justice and compensation to offset the harm you’ve suffered. However, proving that your injuries were caused by a pharmacy employee’s negligence or by any other cause can be extremely challenging.

At Searcy Denney Tallahassee, our medical malpractice attorneys understand the many ways a facility’s negligence can harm patients, and we are prepared to dig deep to uncover the evidence needed to establish liability. If you’ve been harmed by a medication error or another medical error, we invite you to schedule a free consultation to learn about the help our team may be able to provide. To get started, just call us at 888-549-7011 or contact us online now.