Bill Text: NY A08115 | 2023-2024 | General Assembly | Amended


Bill Title: Allows pharmacy technicians to practice in any pharmacy under the supervision of a pharmacist.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced) 2024-05-16 - print number 8115b [A08115 Detail]

Download: New_York-2023-A08115-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8115--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M.  of  A. SOLAGES, McDONALD, HEVESI, SEAWRIGHT, LAVINE,
          BLUMENCRANZ, BRABENEC, RAMOS -- read once and referred to the  Commit-
          tee  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  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the education law,  in  relation  to  allowing  pharmacy
          technicians  to  practice  in  any pharmacy under the supervision of a
          pharmacist

          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]
    16  pharmacy  shall be responsible for ensuring that the registered pharmacy
    17  technician has received appropriate training to ensure competence before
    18  [he or she begins assisting] beginning to assist a  licensed  pharmacist
    19  in  compounding, preparing, labeling, or dispensing of drugs, in accord-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02687-05-4

        A. 8115--B                          2

     1  ance with this article and article  one  hundred  thirty-seven  of  this
     2  title.  For  the  purposes  of this article, direct personal supervision
     3  means supervision of procedures based on instructions given directly  by
     4  a  supervising  licensed  pharmacist  who  remains in the immediate area
     5  where the procedures are being performed, authorizes the procedures  and
     6  evaluates  the  procedures  performed by the registered pharmacy techni-
     7  cians 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 immediately.
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