Bill Text: NY A08319 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the practice of registered pharmacy technician; enacts provisions for the licensure of such persons.
Spectrum: Partisan Bill (Democrat 23-1)
Status: (Passed) 2019-10-25 - SIGNED CHAP.414 [A08319 Detail]
Download: New_York-2019-A08319-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8319 2019-2020 Regular Sessions IN ASSEMBLY June 13, 2019 ___________ Introduced by M. of A. ROMEO, GLICK, PEOPLES-STOKES, ENGLEBRIGHT, MAGNARELLI, LIFTON, BENEDETTO, LUPARDO, STIRPE, BRONSON, FAHY, McDO- NALD, SIMON, BICHOTTE, WALLACE, TAYLOR, BUTTENSCHON, EPSTEIN, McMAHON -- read once and referred to the Committee on Higher Education 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13315-02-9A. 8319 2 1 with article one hundred thirty-seven of this title where such tasks 2 require no professional judgment. Such professional judgment shall only 3 be exercised by a licensed pharmacist. A registered pharmacy technician 4 may only practice in a facility licensed in accordance with article 5 twenty-eight of the public health law, or a pharmacy owned and operated 6 by such a facility, under the direct personal supervision of a licensed 7 pharmacist employed in such a facility or pharmacy. Such facility shall 8 be responsible for ensuring that the registered pharmacy technician has 9 received appropriate training to ensure competence before he or she 10 begins assisting a licensed pharmacist in compounding, preparing, label- 11 ing, or dispensing of drugs, in accordance with this article and article 12 one hundred thirty-seven of this title. For the purposes of this arti- 13 cle, direct personal supervision means supervision of procedures based 14 on instructions given directly by a supervising licensed pharmacist who 15 remains in the immediate area where the procedures are being performed, 16 authorizes the procedures and evaluates the procedures performed by the 17 registered pharmacy technicians and a supervising licensed pharmacist 18 shall approve all work performed by the registered pharmacy technician 19 prior to the actual dispensing of any drug. 20 2. In addition to the registered pharmacy technician services included 21 in subdivision one of this section, registered pharmacy technicians may 22 also assist a licensed pharmacist in the dispensing of drugs by perform- 23 ing the following functions that do not require a license under this 24 article: 25 a. receiving written or electronically transmitted prescriptions, 26 except that in the case of electronically transmitted prescriptions the 27 licensed pharmacist or pharmacy intern shall review the prescription to 28 determine whether in his or her professional judgment it shall be 29 accepted by the pharmacy, and if accepted, the licensed pharmacist or 30 pharmacy intern shall enter his or her initials into the records of the 31 pharmacy; 32 b. typing prescription labels; 33 c. keying prescription data for entry into a computer-generated file 34 or retrieving prescription data from the file, provided that such compu- 35 ter-generated file shall provide for verification of all information 36 needed to fill the prescription by a licensed pharmacist prior to the 37 dispensing of the prescription, meaning that the licensed pharmacist 38 shall review and approve such information and enter his or her initials 39 or other personal identifier into the recordkeeping system prior to the 40 dispensing of the prescription or of the prescription refill; 41 d. getting drugs from stock and returning them to stock; 42 e. getting prescription files and other manual records from storage 43 and locating prescriptions; 44 f. counting dosage units of drugs; 45 g. placing dosage units of drugs in appropriate containers; 46 h. affixing the prescription label to the containers; 47 i. preparing manual records of dispensing for the signature or 48 initials of the licensed pharmacist; 49 j. handing or delivering completed prescriptions to the patient or the 50 person authorized to act on behalf of the patient and, in accordance 51 with the relevant commissioner's regulations, advising the patient or 52 person authorized to act on behalf of the patient of the availability of 53 counseling to be conducted by the licensed pharmacist or pharmacy 54 intern; or 55 k. performing other functions as defined by the commissioner's regu- 56 lations.A. 8319 3 1 3. Under the direct personal supervision of a licensed pharmacist, 2 unlicensed persons who are not registered pharmacy technicians may 3 assist licensed pharmacists in performing tasks that do not require 4 licensure in accordance with regulations promulgated by the commissioner 5 and are also described in subdivision two of this section. Unlicensed 6 persons who are not registered pharmacy technicians shall not engage in 7 or assist in compounding. 8 4. No licensed pharmacist shall obtain the assistance of more than two 9 registered pharmacy technicians in the performance of licensed tasks 10 within their scope of practice or four unlicensed persons, in the 11 performance of the activities that do not require licensure, the total 12 of such persons shall not exceed four individuals at any one time. 13 Pharmacy interns shall be exempt from such ratios, but shall be super- 14 vised in accordance with commissioner's regulations. Individuals who are 15 responsible for the act of placing drugs which are in unit-dose packag- 16 ing into medication carts as part of an approved unit-dose drug distrib- 17 ution system for patients in institutional settings shall be exempt from 18 such ratio, provided that such individuals are not also engaged in 19 performing the activities set forth in subdivision one or paragraph b, 20 c, d, e, f, g, h, or i of subdivision two of this section. The licensed 21 pharmacist shall provide the degree of supervision of such persons as 22 may be appropriate to ensure compliance with the relevant provisions of 23 regulations of the commissioner. 24 § 6842. Definitions. As used in this article: 25 1. "Licensed pharmacist" means a person licensed to practice pharmacy 26 pursuant to article one hundred thirty-seven of this title. 27 2. "Pharmacy intern" means a person practicing under a limited permit 28 pursuant to section sixty-eight hundred six of this title. 29 3. "Professional judgment" means professional decision-making by a 30 licensed pharmacist, including, but not limited to, such activities as: 31 a. interpreting a prescription or medication order for therapeutic 32 acceptability and appropriateness or engaging in the calculations behind 33 any such formulations; 34 b. interpreting and evaluating a prescription or medication order for 35 conformance with legal requirements, authenticity, accuracy and inter- 36 action of the prescribed drug with other known prescribed and over-the 37 -counter drugs; 38 c. receiving oral prescriptions from prescribers; or 39 d. counseling patients. 40 4. "Compounding" means the combining, admixing, mixing, diluting, 41 pooling, reconstituting, or otherwise altering of a drug or bulk drug 42 substance to create a drug. 43 5. "Drugs", "pharmacopeia", "labeling" and "sterile drug" shall have 44 the same definitions as set forth in section sixty-eight hundred two of 45 this title. 46 § 6843. Practice of registered pharmacy technician and use of the 47 title "registered pharmacy technician". Only a person licensed to prac- 48 tice as a registered pharmacy technician under this article or otherwise 49 authorized shall practice as a registered pharmacy technician or use the 50 title "registered pharmacy technician." 51 § 6844. Requirements for licensure as a registered pharmacy techni- 52 cian. To qualify for licensure as a "registered pharmacy technician", an 53 applicant shall fulfill the following requirements: 54 1. Application: file an application with the department; 55 2. Education: have received an education, including high school gradu- 56 ation or its equivalent, as determined by the department;A. 8319 4 1 3. Certification from a nationally accredited pharmacy technician 2 certification program acceptable to the department; 3 4. Age: at the time of application be at least eighteen years of age; 4 5. Character: be of good moral character as determined by the depart- 5 ment; and 6 6. Fee: pay a fee determined by the department for initial license and 7 for each triennial registration period. 8 § 2. The education law is amended by adding a new section 6832 to read 9 as follows: 10 § 6832. Limitations on assistance of an unlicensed person. 1. Subject 11 to the limitations set forth in subdivision two of this section, an 12 unlicensed person may assist a licensed pharmacist in the dispensing of 13 drugs by: 14 (a) receiving written or electronically transmitted prescriptions, 15 except that in the case of electronically transmitted prescriptions the 16 licensed pharmacist or pharmacy intern shall review the prescription to 17 determine whether in his or her professional judgment it shall be 18 accepted by the pharmacy, and if accepted, the licensed pharmacist or 19 pharmacy intern shall enter his or her initials into the records of the 20 pharmacy; 21 (b) typing prescription labels; 22 (c) keying prescription data for entry into a computer-generated file 23 or retrieving prescription data from the file, provided that such compu- 24 ter-generated file shall provide for verification of all information 25 needed to fill the prescription by a licensed pharmacist prior to the 26 dispensing of the prescription, meaning that the licensed pharmacist 27 shall review and approve such information and enter his or her initials 28 or other personal identifier into the recordkeeping system prior to the 29 dispensing of the prescription or of the prescription refill; 30 (d) getting drugs from stock and returning them to stock; 31 (e) getting prescription files and other manual records from storage 32 and locating prescriptions; 33 (f) counting dosage units of drugs; 34 (g) placing dosage units of drugs in appropriate containers; 35 (h) affixing the prescription label to the containers; 36 (i) preparing manual records of dispensing for the signature or 37 initials of the licensed pharmacist; 38 (j) handing or delivering completed prescriptions to the patient or 39 the person authorized to act on behalf of the patient and, in accordance 40 with the relevant commissioner's regulations, advising the patient or 41 person authorized to act on behalf of the patient of the availability of 42 counseling to be conducted by the licensed pharmacist or pharmacy 43 intern; and 44 (k) performing other functions as defined by the commissioner's regu- 45 lations. 46 2. Except for a licensed pharmacist employed by a facility licensed in 47 accordance with article twenty-eight of the public health law or a phar- 48 macy owned and operated by such a facility, as defined in article one 49 hundred thirty-seven-A of this title, no licensed pharmacist shall 50 obtain the assistance of more than four unlicensed persons, in the 51 performance of the activities that do not require licensure, the total 52 of such persons shall not exceed four individuals at any one time. Phar- 53 macy interns shall be exempt from such ratios, but shall be supervised 54 in accordance with the commissioner's regulations. Individuals who are 55 responsible for the act of placing drugs which are in unit-dose packag- 56 ing into medication carts as part of an approved unit-dose drug distrib-A. 8319 5 1 ution system for patients in institutional settings shall be exempt from 2 such ratio, provided that such individuals are not also engaged in 3 performing the activities set forth in paragraph (b), (c), (d), (e), 4 (f), (g), (h) or (i) of subdivision one of this section. The licensed 5 pharmacist shall provide the degree of supervision of such persons as 6 may be appropriate to ensure compliance with the relevant provisions of 7 regulations of the commissioner. 8 § 3. Section 6804 of the education law, as added by chapter 987 of the 9 laws of 1971, is amended to read as follows: 10 § 6804. State board of pharmacy. A state board of pharmacy shall be 11 appointed by the regents on recommendation of the commissioner for the 12 purpose of assisting the regents and the department on matters of 13 professional licensing and professional conduct in accordance with 14 section sixty-five hundred eight of this title. The board shall be 15 composed of not less than nine pharmacists licensed in this state for at 16 least five years and two registered pharmacy technicians. The initial 17 registered pharmacy technician members of the state board of pharmacy 18 need not be licensed prior to their appointment but shall have met all 19 other requirements of licensure pursuant to section sixty-eight hundred 20 forty-two of this title except for filing an application and paying a 21 fee. An executive secretary to the board shall be appointed by the 22 regents on recommendation of the commissioner and shall be a pharmacist 23 licensed in this state for at least five years. The board shall [have24power] provide assistance to the department: 25 a. To regulate the practice of pharmacy, registered pharmacy techni- 26 cians and the employment of interns and employees in pharmacies, 27 b. To regulate and control the sale, distribution, character and stan- 28 dard of drugs, poisons, cosmetics, devices and new drugs, 29 c. [To employ inspectors and chemists,30d.] To prevent the sale or distribution of such drugs, poisons, 31 cosmetics, devices and new drugs as do not conform to the provisions of 32 this article or of the public health law, 33 [e.] d. To investigate alleged violations of the provisions of this 34 article[, through its own investigative personnel or those of other35agencies, to conduct hearings, to levy money penalties, and to bring36alleged violations to the notice of the attorney general], and 37 [f.] e. To issue limited permits or registrations. 38 § 4. This act shall take effect eighteen months after it shall have 39 become a law; provided, however, that the department of education is 40 authorized to promulgate regulations that may be required and to take 41 other measures necessary to implement the provisions of this act prior 42 to such effective date, including appointment of two registered pharmacy 43 technicians to the state board of pharmacy, and the acceptance and proc- 44 essing of applications for licensure.