Bill Text: NY A01090 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-05-18 - print number 1090b [A01090 Detail]

Download: New_York-2021-A01090-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1090--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M.  of  A. BRONSON, STECK, STIRPE, McDONALD, FAHY, GOTT-
          FRIED, SIMON -- read once and referred  to  the  Committee  on  Higher
          Education  --  recommitted  to  the  Committee  on Higher Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        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,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-04-2

        A. 1090--B                          2

     1  in accordance with this article and article one hundred thirty-seven  of
     2  this  title.  For  the  purposes of this article, direct personal super-
     3  vision means supervision  of  procedures  based  on  instructions  given
     4  directly by a supervising licensed pharmacist who remains in the immedi-
     5  ate area where the procedures are being performed, authorizes the proce-
     6  dures  and evaluates the procedures performed by the registered pharmacy
     7  technicians and a supervising licensed pharmacist shall approve all work
     8  performed by the registered pharmacy  technician  prior  to  the  actual
     9  dispensing of any drug.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it  shall have become a law. Effective immediately, the amendment and/or
    12  repeal of any rule or regulation necessary  for  the  implementation  of
    13  this  act  on its effective date are authorized to be made and completed
    14  on or before such effective date.
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