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S03236 Summary:

BILL NOS03236A
 
SAME ASSAME AS A00678-A
 
SPONSORCOONEY
 
COSPNSRADDABBO, BORRELLO, FERNANDEZ, GALLIVAN, HELMING, JACKSON, MAY, SCARCELLA-SPANTON, SEPULVEDA, WEBB
 
MLTSPNSR
 
Amd §6841, Ed L
 
Allows pharmacy technicians to practice in any pharmacy under the supervision of a pharmacist.
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S03236 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3236--A
            Cal. No. 454
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by Sens. COONEY, ADDABBO, BORRELLO, GALLIVAN, HELMING, JACK-
          SON, MAY, SEPULVEDA, WEBB -- read twice and ordered printed, and  when
          printed  to  be  committed  to  the  Committee  on Higher Education --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered to a third reading, passed by Senate and delivered to
          the Assembly, recalled, vote reconsidered, restored to third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend the education law,  in  relation  to  allowing  pharmacy
          technicians  to  practice  in  any pharmacy under the supervision of a
          pharmacist
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section 6841 of the education law, as
     2  added by chapter 414 of the laws of 2019, is amended to read as follows:
     3    1. A registered pharmacy technician may,  under  the  direct  personal
     4  supervision  of  a licensed pharmacist, assist such licensed pharmacist,
     5  as directed, in compounding, preparing, labeling, or dispensing of drugs
     6  used to fill valid prescriptions or medication orders or in compounding,
     7  preparing, and labeling in anticipation of a valid prescription or medi-
     8  cation order for a patient to be served by the [facility]  pharmacy,  in
     9  accordance  with  article  one  hundred thirty-seven of this title where
    10  such tasks require no professional judgment. Such professional  judgment
    11  shall  only be exercised by a licensed pharmacist. A registered pharmacy
    12  technician may only practice [in a facility licensed in accordance  with
    13  article  twenty-eight  of the public health law, or a pharmacy owned and
    14  operated by such a facility,] under the direct personal supervision of a
    15  licensed pharmacist employed in such  a  [facility  or]  pharmacy.  Such
    16  [facility]  pharmacy  shall  be responsible for ensuring that the regis-
    17  tered pharmacy technician has received appropriate  training  to  ensure
    18  competence  before  [he  or  she begins assisting] beginning to assist a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02176-03-5

        S. 3236--A                          2
 
     1  licensed pharmacist in compounding, preparing, labeling,  or  dispensing
     2  of  drugs, in accordance with this article and article one hundred thir-
     3  ty-seven of this  title.  For  the  purposes  of  this  article,  direct
     4  personal   supervision   means   supervision   of  procedures  based  on
     5  instructions given directly by a  supervising  licensed  pharmacist  who
     6  remains  in the immediate area where the procedures are being performed,
     7  authorizes the procedures and evaluates the procedures performed by  the
     8  registered  pharmacy  technicians  and a supervising licensed pharmacist
     9  shall approve all work performed by the registered  pharmacy  technician
    10  prior to the actual dispensing of any drug.
    11    § 2. This act shall take effect immediately.
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