Bill Text: NY S01050 | 2023-2024 | General Assembly | Amended

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

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed) 2024-05-23 - referred to higher education [S01050 Detail]

Download: New_York-2023-S01050-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1050--B
            Cal. No. 653

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sens. COONEY, GALLIVAN, JACKSON, SEPULVEDA, WEBB -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Higher Education -- recommitted to the Committee on High-
          er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported favorably from said  committee,  ordered
          to  first  and  second report, ordered to a third reading, amended and
          ordered reprinted, retaining its place in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02687-04-4
        S. 1050--B                          2

     1  in  compounding, preparing, labeling, or dispensing of drugs, in accord-
     2  ance with this article and article  one  hundred  thirty-seven  of  this
     3  title.  For  the  purposes  of this article, direct personal supervision
     4  means  supervision of procedures based on instructions given directly by
     5  a supervising licensed pharmacist who  remains  in  the  immediate  area
     6  where  the procedures are being performed, authorizes the procedures and
     7  evaluates the procedures performed by the  registered  pharmacy  techni-
     8  cians  and  a  supervising  licensed  pharmacist  shall approve all work
     9  performed by the registered pharmacy  technician  prior  to  the  actual
    10  dispensing of any drug.
    11    § 2. This act shall take effect immediately.