Permits certain registered pharmacy technicians to assist a licensed pharmacist in preparing prescriptions in facilities licensed pursuant to articles twenty-eight or thirty-one of the public health law, or a pharmacy owned and operated by such facility, under the direct supervision of a licensed pharmacist employed by such facility.
STATE OF NEW YORK
________________________________________________________________________
2476
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. BRONSON, FAHY, SIMON, STECK, STIRPE -- read once
and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to permitting certain
registered pharmacy technicians to assist a licensed pharmacist in
preparing prescriptions in certain facilities
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, in accordance
9 with article one hundred thirty-seven of this title where such tasks
10 require no professional judgment. Such professional judgment shall only
11 be exercised by a licensed pharmacist. A registered pharmacy technician
12 may only practice in a facility licensed in accordance with article
13 twenty-eight or article thirty-six of the public health law, or a phar-
14 macy owned and operated by such a facility, under the direct personal
15 supervision of a licensed pharmacist employed [in] by such a facility or
16 pharmacy. Such facility or pharmacy shall be responsible for ensuring
17 that the registered pharmacy technician has received appropriate train-
18 ing to ensure competence before he or she begins assisting a licensed
19 pharmacist in compounding, preparing, labeling, or dispensing of drugs,
20 in accordance with this article and article one hundred thirty-seven of
21 this title. For the purposes of this article, direct personal super-
22 vision means supervision of procedures based on instructions given
23 directly by a supervising licensed pharmacist who remains in the immedi-
24 ate area where the procedures are being performed, authorizes the proce-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00444-01-3
A. 2476 2
1 dures and evaluates the procedures performed by the registered pharmacy
2 technicians and a supervising licensed pharmacist shall approve all work
3 performed by the registered pharmacy technician prior to the actual
4 dispensing of any drug.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Effective immediately, the amendment and/or
7 repeal of any rule or regulation necessary for the implementation of
8 this act on its effective date are authorized to be made and completed
9 on or before such effective date.
