STATE OF NEW YORK
________________________________________________________________________
5162
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
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Introduced by Sen. STAVISKY -- 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 establishing the indi-
viduals authorized to perform tasks involving the dispensing of drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6807 of the education law is amended by adding a
2 new subdivision 4 to read as follows:
3 4. (a) The compounding, preparation, labeling, or dispensing of drugs,
4 in accordance with this article, in facilities licensed in accordance
5 with article twenty-eight of the public health law, shall be performed
6 by:
7 (i) a licensed pharmacist, as defined in this article; or
8 (ii) a pharmacy intern, under the direct supervision of a licensed
9 pharmacist as defined in this article.
10 (b) Under the direct supervision of a licensed pharmacist, an individ-
11 ual who has received certification from a nationally accredited pharmacy
12 technician certification program, if such program has been approved by
13 the commissioner, and who is employed in a facility licensed in accord-
14 ance with article twenty-eight of the public health law, or is employed
15 in a pharmacy owned or managed by such a facility, may assist a licensed
16 pharmacist in the preparation and dispensing of drugs including
17 compounding, weighing, mixing, counting, pouring and measuring when
18 properly trained. Proof of certification and training of such individual
19 employed by a facility shall be maintained by the facility and provided
20 to state agencies upon request. Such individual shall not exercise clin-
21 ical judgment, including interpreting a prescription or medication order
22 for therapeutic acceptability and appropriateness. Clinical judgment
23 shall only be exercised by a licensed pharmacist. Direct supervision
24 shall include final approval of all work performed by such individual
25 prior to the actual dispensing of any drug.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11187-01-9
S. 5162 2
1 (c) A person employed in a facility licensed in accordance with arti-
2 cle twenty-eight of the public health law who directly assists licensed
3 pharmacists to dispense prescriptions in such facility on the effective
4 date of this section shall be exempt from the certification requirement
5 in paragraph (b) of this subdivision if he or she submits evidence to,
6 and verified by, his or her employer, of a minimum of five years of
7 employment in good standing in a pharmacy within the previous eight
8 years, including eighteen consecutive months with a single employer.
9 Such evidence and verification shall be documented and maintained by the
10 facility and provided to state agencies upon request. Such individual
11 shall not be permitted to assist in the compounding of medications.
12 § 2. This act shall take effect immediately.
