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S06517 Summary:

S06517 Actions:

S06517 Committee Votes:

S06517 Floor Votes:

S06517 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6517
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 14, 2019
                                       ___________
 
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the education law, in relation to the practice of regis-
          tered pharmacy technician
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The education law is amended by adding a new article 137-A
     2  to read as follows:
     3                                ARTICLE 137-A
     4                       REGISTERED PHARMACY TECHNICIANS
     5  Section 6840. Introduction.
     6          6841. Definition of the practice of registered pharmacy  techni-
     7                  cian.
     8          6842. Definitions.
     9          6843. Practice  of registered pharmacy technician and use of the
    10                  title "registered pharmacy technician".
    11          6844. Requirements for licensure as a registered pharmacy  tech-
    12                  nician.
    13    § 6840. Introduction. This article applies to the profession of regis-
    14  tered  pharmacy  technician.  The general provisions for all professions
    15  contained in article one hundred thirty of this  title  shall  apply  to
    16  this article.
    17    §  6841. Definition of the practice of registered pharmacy technician.
    18  1. A registered pharmacy  technician  may,  under  the  direct  personal
    19  supervision  of  a licensed pharmacist, assist such licensed pharmacist,
    20  as directed, in compounding, preparing, labeling, or dispensing of drugs
    21  used to fill valid prescriptions or medication orders or in compounding,
    22  preparing, and labeling in anticipation of a valid prescription or medi-
    23  cation order for a patient to be served by the facility,  in  accordance
    24  with  article  one  hundred  thirty-seven of this title where such tasks
    25  require no professional judgment. Such professional judgment shall  only

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13315-02-9
        S. 6517                             2
 
     1  be  exercised by a licensed pharmacist. A registered pharmacy technician
     2  may only practice in a facility  licensed  in  accordance  with  article
     3  twenty-eight  of the public health law, or a pharmacy owned and operated
     4  by  such a facility, under the direct personal supervision of a licensed
     5  pharmacist employed in such a facility or pharmacy. Such facility  shall
     6  be  responsible for ensuring that the registered pharmacy technician has
     7  received appropriate training to ensure  competence  before  he  or  she
     8  begins assisting a licensed pharmacist in compounding, preparing, label-
     9  ing, or dispensing of drugs, in accordance with this article and article
    10  one  hundred  thirty-seven of this title. For the purposes of this arti-
    11  cle, direct personal supervision means supervision of  procedures  based
    12  on  instructions given directly by a supervising licensed pharmacist who
    13  remains in the immediate area where the procedures are being  performed,
    14  authorizes  the procedures and evaluates the procedures performed by the
    15  registered pharmacy technicians and a  supervising  licensed  pharmacist
    16  shall  approve  all work performed by the registered pharmacy technician
    17  prior to the actual dispensing of any drug.
    18    2. In addition to the registered pharmacy technician services included
    19  in subdivision one of this section, registered pharmacy technicians  may
    20  also assist a licensed pharmacist in the dispensing of drugs by perform-
    21  ing  the  following  functions  that do not require a license under this
    22  article:
    23    a. receiving  written  or  electronically  transmitted  prescriptions,
    24  except  that in the case of electronically transmitted prescriptions the
    25  licensed pharmacist or pharmacy intern shall review the prescription  to
    26  determine  whether  in  his  or  her  professional  judgment it shall be
    27  accepted by the pharmacy, and if accepted, the  licensed  pharmacist  or
    28  pharmacy  intern shall enter his or her initials into the records of the
    29  pharmacy;
    30    b. typing prescription labels;
    31    c. keying prescription data for entry into a  computer-generated  file
    32  or retrieving prescription data from the file, provided that such compu-
    33  ter-generated  file  shall  provide  for verification of all information
    34  needed to fill the prescription by a licensed pharmacist  prior  to  the
    35  dispensing  of  the  prescription,  meaning that the licensed pharmacist
    36  shall review and approve such information and enter his or her  initials
    37  or  other personal identifier into the recordkeeping system prior to the
    38  dispensing of the prescription or of the prescription refill;
    39    d. getting drugs from stock and returning them to stock;
    40    e. getting prescription files and other manual  records  from  storage
    41  and locating prescriptions;
    42    f. counting dosage units of drugs;
    43    g. placing dosage units of drugs in appropriate containers;
    44    h. affixing the prescription label to the containers;
    45    i.  preparing  manual  records  of  dispensing  for  the  signature or
    46  initials of the licensed pharmacist;
    47    j. handing or delivering completed prescriptions to the patient or the
    48  person authorized to act on behalf of the  patient  and,  in  accordance
    49  with  the  relevant  commissioner's regulations, advising the patient or
    50  person authorized to act on behalf of the patient of the availability of
    51  counseling to be  conducted  by  the  licensed  pharmacist  or  pharmacy
    52  intern; or
    53    k.  performing  other functions as defined by the commissioner's regu-
    54  lations.
    55    3. Under the direct personal supervision  of  a  licensed  pharmacist,
    56  unlicensed  persons  who  are  not  registered  pharmacy technicians may
        S. 6517                             3
 
     1  assist licensed pharmacists in performing  tasks  that  do  not  require
     2  licensure in accordance with regulations promulgated by the commissioner
     3  and  are  also  described in subdivision two of this section. Unlicensed
     4  persons  who are not registered pharmacy technicians shall not engage in
     5  or assist in compounding.
     6    4. No licensed pharmacist shall obtain the assistance of more than two
     7  registered pharmacy technicians in the  performance  of  licensed  tasks
     8  within  their  scope  of  practice  or  four  unlicensed persons, in the
     9  performance of the activities that do not require licensure,  the  total
    10  of  such  persons  shall  not  exceed  four individuals at any one time.
    11  Pharmacy interns shall be exempt from such ratios, but shall  be  super-
    12  vised in accordance with commissioner's regulations. Individuals who are
    13  responsible  for the act of placing drugs which are in unit-dose packag-
    14  ing into medication carts as part of an approved unit-dose drug distrib-
    15  ution system for patients in institutional settings shall be exempt from
    16  such ratio, provided that such  individuals  are  not  also  engaged  in
    17  performing  the  activities set forth in subdivision one or paragraph b,
    18  c, d, e, f, g, h, or i of subdivision two of this section. The  licensed
    19  pharmacist  shall  provide  the degree of supervision of such persons as
    20  may be appropriate to ensure compliance with the relevant provisions  of
    21  regulations of the commissioner.
    22    § 6842. Definitions. As used in this article:
    23    1.  "Licensed pharmacist" means a person licensed to practice pharmacy
    24  pursuant to article one hundred thirty-seven of this title.
    25    2. "Pharmacy intern" means a person practicing under a limited  permit
    26  pursuant to section sixty-eight hundred six of this title.
    27    3.  "Professional  judgment"  means  professional decision-making by a
    28  licensed pharmacist, including, but not limited to, such activities as:
    29    a. interpreting a prescription or  medication  order  for  therapeutic
    30  acceptability and appropriateness or engaging in the calculations behind
    31  any such formulations;
    32    b.  interpreting and evaluating a prescription or medication order for
    33  conformance with legal requirements, authenticity, accuracy  and  inter-
    34  action  of  the prescribed drug with other known prescribed and over-the
    35  -counter drugs;
    36    c. receiving oral prescriptions from prescribers; or
    37    d. counseling patients.
    38    4. "Compounding" means  the  combining,  admixing,  mixing,  diluting,
    39  pooling,  reconstituting,  or  otherwise altering of a drug or bulk drug
    40  substance to create a drug.
    41    5. "Drugs", "pharmacopeia", "labeling" and "sterile drug"  shall  have
    42  the  same definitions as set forth in section sixty-eight hundred two of
    43  this title.
    44    § 6843. Practice of registered pharmacy  technician  and  use  of  the
    45  title  "registered pharmacy technician". Only a person licensed to prac-
    46  tice as a registered pharmacy technician under this article or otherwise
    47  authorized shall practice as a registered pharmacy technician or use the
    48  title "registered pharmacy technician."
    49    § 6844. Requirements for licensure as a  registered  pharmacy  techni-
    50  cian. To qualify for licensure as a "registered pharmacy technician", an
    51  applicant shall fulfill the following requirements:
    52    1. Application: file an application with the department;
    53    2. Education: have received an education, including high school gradu-
    54  ation or its equivalent, as determined by the department;
    55    3.  Certification  from  a  nationally  accredited pharmacy technician
    56  certification program acceptable to the department;
        S. 6517                             4
 
     1    4. Age: at the time of application be at least eighteen years of age;
     2    5.  Character: be of good moral character as determined by the depart-
     3  ment; and
     4    6. Fee: pay a fee determined by the department for initial license and
     5  for each triennial registration period.
     6    § 2. The education law is amended by adding a new section 6832 to read
     7  as follows:
     8    § 6832. Limitations on assistance of an unlicensed person.  1. Subject
     9  to the limitations set forth in subdivision  two  of  this  section,  an
    10  unlicensed  person may assist a licensed pharmacist in the dispensing of
    11  drugs by:
    12    (a) receiving written  or  electronically  transmitted  prescriptions,
    13  except  that in the case of electronically transmitted prescriptions the
    14  licensed pharmacist or pharmacy intern shall review the prescription  to
    15  determine  whether  in  his  or  her  professional  judgment it shall be
    16  accepted by the pharmacy, and if accepted, the  licensed  pharmacist  or
    17  pharmacy  intern shall enter his or her initials into the records of the
    18  pharmacy;
    19    (b) typing prescription labels;
    20    (c) keying prescription data for entry into a computer-generated  file
    21  or retrieving prescription data from the file, provided that such compu-
    22  ter-generated  file  shall  provide  for verification of all information
    23  needed to fill the prescription by a licensed pharmacist  prior  to  the
    24  dispensing  of  the  prescription,  meaning that the licensed pharmacist
    25  shall review and approve such information and enter his or her  initials
    26  or  other personal identifier into the recordkeeping system prior to the
    27  dispensing of the prescription or of the prescription refill;
    28    (d) getting drugs from stock and returning them to stock;
    29    (e) getting prescription files and other manual records  from  storage
    30  and locating prescriptions;
    31    (f) counting dosage units of drugs;
    32    (g) placing dosage units of drugs in appropriate containers;
    33    (h) affixing the prescription label to the containers;
    34    (i)  preparing  manual  records  of  dispensing  for  the signature or
    35  initials of the licensed pharmacist;
    36    (j) handing or delivering completed prescriptions to  the  patient  or
    37  the person authorized to act on behalf of the patient and, in accordance
    38  with  the  relevant  commissioner's regulations, advising the patient or
    39  person authorized to act on behalf of the patient of the availability of
    40  counseling to be  conducted  by  the  licensed  pharmacist  or  pharmacy
    41  intern; and
    42    (k)  performing other functions as defined by the commissioner's regu-
    43  lations.
    44    2. Except for a licensed pharmacist employed by a facility licensed in
    45  accordance with article twenty-eight of the public health law or a phar-
    46  macy owned and operated by such a facility, as defined  in  article  one
    47  hundred  thirty-seven-A  of  this  title,  no  licensed pharmacist shall
    48  obtain the assistance of more  than  four  unlicensed  persons,  in  the
    49  performance  of  the activities that do not require licensure, the total
    50  of such persons shall not exceed four individuals at any one time. Phar-
    51  macy interns shall be exempt from such ratios, but shall  be  supervised
    52  in  accordance with the commissioner's regulations.  Individuals who are
    53  responsible for the act of placing drugs which are in unit-dose  packag-
    54  ing into medication carts as part of an approved unit-dose drug distrib-
    55  ution system for patients in institutional settings shall be exempt from
    56  such  ratio,  provided  that  such  individuals  are not also engaged in
        S. 6517                             5
 
     1  performing the activities set forth in paragraph  (b),  (c),  (d),  (e),
     2  (f),  (g),  (h)  or (i) of subdivision one of this section. The licensed
     3  pharmacist shall provide the degree of supervision of  such  persons  as
     4  may  be appropriate to ensure compliance with the relevant provisions of
     5  regulations of the commissioner.
     6    § 3. Section 6804 of the education law, as added by chapter 987 of the
     7  laws of 1971, is amended to read as follows:
     8    § 6804. State board of pharmacy.  A state board of pharmacy  shall  be
     9  appointed  by  the regents on recommendation of the commissioner for the
    10  purpose of assisting the  regents  and  the  department  on  matters  of
    11  professional  licensing  and  professional  conduct  in  accordance with
    12  section sixty-five hundred eight of  this  title.  The  board  shall  be
    13  composed of not less than nine pharmacists licensed in this state for at
    14  least  five  years  and two registered pharmacy technicians. The initial
    15  registered pharmacy technician members of the state  board  of  pharmacy
    16  need  not  be licensed prior to their appointment but shall have met all
    17  other requirements of licensure pursuant to section sixty-eight  hundred
    18  forty-two  of  this  title except for filing an application and paying a
    19  fee.  An executive secretary to the board  shall  be  appointed  by  the
    20  regents  on recommendation of the commissioner and shall be a pharmacist
    21  licensed in this state for at least five years. The  board  shall  [have
    22  power] provide assistance to the department:
    23    a.  To  regulate the practice of pharmacy, registered pharmacy techni-
    24  cians and the employment of interns and employees in pharmacies,
    25    b. To regulate and control the sale, distribution, character and stan-
    26  dard of drugs, poisons, cosmetics, devices and new drugs,
    27    c. [To employ inspectors and chemists,
    28    d.] To prevent the  sale  or  distribution  of  such  drugs,  poisons,
    29  cosmetics,  devices and new drugs as do not conform to the provisions of
    30  this article or of the public health law,
    31    [e.] d. To investigate alleged violations of the  provisions  of  this
    32  article[,  through  its  own  investigative  personnel or those of other
    33  agencies, to conduct hearings, to levy money  penalties,  and  to  bring
    34  alleged violations to the notice of the attorney general], and
    35    [f.] e. To issue limited permits or registrations.
    36    §  4.  This  act shall take effect eighteen months after it shall have
    37  become a law; provided, however, that the  department  of  education  is
    38  authorized  to  promulgate  regulations that may be required and to take
    39  other measures necessary to implement the provisions of this  act  prior
    40  to such effective date, including appointment of two registered pharmacy
    41  technicians to the state board of pharmacy, and the acceptance and proc-
    42  essing of applications for licensure.