Prohibits drugs from being dispensed unless a licensed pharmacist has verified that: the package contains the drug to be dispensed, whether the drug is packaged in a child-resistant container, whether a stock container is open and the quantity of the drug to be dispensed.
STATE OF NEW YORK
________________________________________________________________________
3286
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sens. THOMAS, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to restricting certain
practices from remote supervision by licensed pharmacists
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 of the public health law, or a pharmacy owned and operated
14 by such a facility, under the direct personal supervision of a licensed
15 pharmacist employed in such a facility or pharmacy. Such facility shall
16 be responsible for ensuring that the registered pharmacy technician has
17 received appropriate training to ensure competence before he or she
18 begins assisting a licensed pharmacist in compounding, preparing, label-
19 ing, or dispensing of drugs, in accordance with this article and article
20 one hundred thirty-seven of this title. For the purposes of this arti-
21 cle, direct personal supervision means supervision of procedures based
22 on instructions given directly by a supervising licensed pharmacist who
23 remains in the immediate area where the procedures are being performed,
24 authorizes the procedures and evaluates the procedures performed by the
25 registered pharmacy technicians and a supervising licensed pharmacist
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07390-01-3
S. 3286 2
1 shall approve all work performed by the registered pharmacy technician
2 prior to the actual dispensing of any drug. No prescription shall be
3 dispensed unless a licensed pharmacist has first verified in person:
4 a. that the package to be handed or delivered to the patient or person
5 authorized to act on behalf of the patient in fact contains the drug to
6 be dispensed by the prescription;
7 b. whether or not the drug to be dispensed is packaged in a child-re-
8 sistant container;
9 c. if a stock container is to be dispensed, whether such container is
10 open; and
11 d. the quantity of the dosage units of the drug to be dispensed.
12 § 2. This act shall take effect immediately.
