Bill Text: NY S02025 | 2021-2022 | General Assembly | Amended

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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: Bipartisan Bill

Status: (Engrossed - Dead) 2022-05-17 - referred to higher education [S02025 Detail]

Download: New_York-2021-S02025-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2025--B
            Cal. No. 874

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced by Sens. MAY, GALLIVAN -- read twice and ordered printed, and
          when  printed  to be committed to the Committee on Higher Education --
          recommitted to the Committee on Higher Education  in  accordance  with
          Senate  Rule  6,  sec.  8  --  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 -- again amended and ordered  reprinted,  retaining  its
          place in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04800-05-2
        S. 2025--B                          2

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