| 12/10/2021 1:00 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | Board of Pharmacy |
| Regulatory Coordinator: | Elaine J. Yeatts (804)367-4688 elaine.yeatts@dhp.virginia.gov |
| Agency Contact: | Caroline Juran, RPh Executive Director (804)367-4456 caroline.juran@dhp.virginia.gov |
| Contact Address: | Department of Health Professions 9960 Mayland Drive Suite 300 Richmond, VA 23233 |
| Chapter Affected: | |
| 18 vac 110 - 20: | Regulations Governing the Practice of Pharmacy |
| Statutory Authority: |
State: Chapters 33 and 34 of Title 54.1 Federal: |
| Date Petition Received | 08/30/2021 |
| Petitioner | Cody Bishop |
To amend regulations to authorize pharmacy technicians to administer all vaccinations
under the supervision of a pharmacist
Agency Plan
Pharmacy technicians are allowed to administer COVID-19 vaccinations because of legislation
passed by the General Assembly authorizing administration by certain \"non-traditional"
vaccinators. It is likely the amendment requested will necessitate a permanent change
in the Code in Virginia, specifically in § 54.1-3408, which allows prescribers to
authorize pharmacists and nurses to administer adult vaccines under a protocol. There
is no mention of authorization for pharmacy technicians.
Pursuant to legislation passed in the 2021 Special Session of the General Assembly,
a workgroup is meeting on September 24th to discuss possible of expansion of duties
for pharmacy technicians. The petition will be included in the agenda for the workgroup.
In accordance with Virginia law, the petition has been filed with the Register of
Regulations and will be published on September 27, 2021. Comment on the petition
may be sent by email, regular mail or posted on the Virginia Regulatory Townhall at
www.townhall.virginia.gov; comment will be requested until October 27, 2021.
If the Board does not have statutory authority to amend its regulations in accordance
with your petition, it will decide whether it would support a change in the Code of
Virginia. This matter will be on the Board\'s agenda for its next meeting following
the close of comment, scheduled for December 7, 2021.
| Publication Date | 09/27/2021 (comment period will also begin on this date) |
| Comment End Date | 10/27/2021 |
Take no action
| Agency Response Date | 12/10/2021 |
It has been determined that the requested amendment will necessitate a change in the
Code of Virginia, specifically in § 54.1-3408, which currently allows prescribers
to authorize pharmacists and nurses to administer adult vaccines under a protocol.
There is no mention of authorization for pharmacy technicians.
The workgroup established pursuant to legislation passed in the 2020 Session of the
General Assembly to consider additional duties for pharmacy technicians has recommended
such a change in the law. Accordingly, the Board does not have authority to initiate
rulemaking based on the petition until there is an amendment to the Code of Virginia.