Bill Text: NY S06398 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes requirements for certification as a pharmacy technician; establishes no person shall act as a pharmacy technician unless registered by the state board of pharmacy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-21 - REFERRED TO HIGHER EDUCATION [S06398 Detail]
Download: New_York-2013-S06398-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6398
I N S E N A T E
January 21, 2014
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to the registration and
certification of pharmacy technicians; and providing for the repeal of
certain provisions upon expiration thereof
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 section 6805-a
2 to read as follows:
3 S 6805-A. REQUIREMENTS FOR REGISTRATION AND CERTIFICATION AS A PHAR-
4 MACY TECHNICIAN. 1. ANY PERSON SEEKING TO BE EMPLOYED AS A PHARMACY
5 TECHNICIAN SHALL FULFILL THE FOLLOWING REQUIREMENTS IN ORDER TO BE
6 REGISTERED AS A PHARMACY TECHNICIAN:
7 A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
8 B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
9 ATION OR A GENERAL EQUIVALENCY DIPLOMA (GED);
10 C. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
11 D. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
12 MENT, WHICH SHALL INCLUDE A CRIMINAL BACKGROUND CHECK THAT INDICATES
13 THAT THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
14 E. FEE: PAY A REGISTRATION FEE ESTABLISHED IN REGULATION BY THE BOARD
15 OF REGENTS. SUCH FEES SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT
16 THE REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
17 2. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL ACT
18 AS A PHARMACY TECHNICIAN UNLESS REGISTERED BY THE BOARD.
19 3. BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, TO QUALIFY TO BE A PHAR-
20 MACY TECHNICIAN, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS
21 IN ORDER TO BE CERTIFIED AS A PHARMACY TECHNICIAN:
22 A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
23 B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING: (I) HIGH SCHOOL
24 GRADUATION OR A GENERAL EQUIVALENCY DIPLOMA (GED); AND (II) SUCCESSFUL
25 COMPLETION OF AN EDUCATION OR TRAINING PROGRAM, AS MAY BE APPROVED BY
26 THE DEPARTMENT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01451-04-4
S. 6398 2
1 C. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN
2 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3 D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
4 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5 E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
6 F. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
7 MENT WHICH SHALL INCLUDE A CRIMINAL BACKGROUND CHECK THAT INDICATES THAT
8 THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
9 G. FEE: PAY A TRIENNIAL FEE ESTABLISHED IN REGULATION BY THE BOARD OF
10 REGENTS. SUCH FEE SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT THE
11 REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
12 4. ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO PERSON SHALL
13 ACT AS A PHARMACY TECHNICIAN UNLESS CERTIFIED BY THE BOARD PROVIDED,
14 HOWEVER, THAT A REGISTERED PHARMACY TECHNICIAN WHO SUBMITS EVIDENCE OF A
15 MINIMUM OF FIVE YEARS OF EMPLOYMENT WITHIN THE LAST EIGHT YEARS AS A
16 PHARMACY TECHNICIAN AT A PHARMACY MAY ACT AS A PHARMACY TECHNICIAN IF
17 SUCH PERSON MEETS THE REQUIREMENTS FOR CERTIFICATION ESTABLISHED IN THIS
18 SECTION, EXCEPT FOR EXAMINATION AND THE COMPLETION OF AN EDUCATION OR
19 TRAINING PROGRAM, AND PROVIDED FURTHER THAT STUDENTS ENROLLED IN ACCRED-
20 ITED PROGRAMS OR STUDY IN PHARMACY SHALL NOT BE REQUIRED TO REGISTER OR
21 BE CERTIFIED AS A PHARMACY TECHNICIAN IN ORDER TO COMPLETE PRACTICE
22 REQUIREMENTS. SUCH STUDENTS SHALL BE DIRECTLY SUPERVISED AT ALL TIMES,
23 SHALL BE ALLOWED TO PERFORM ONLY NON-JUDGMENTAL TASKS AND SHALL BE
24 LIMITED TO PERFORMING THESE TASKS FOR A PERIOD OF TIME, AS MAY BE
25 DEFINED BY THE DEPARTMENT. IN ADDITION, INDIVIDUALS ENROLLED IN PHARMACY
26 TECHNICIAN EDUCATION OR TRAINING PROGRAMS, AS MAY BE APPROVED BY THE
27 DEPARTMENT, SHALL ALSO NOT BE REQUIRED TO REGISTER OR BE CERTIFIED AS A
28 PHARMACY TECHNICIAN, PROVIDED, HOWEVER, THAT SUCH INDIVIDUALS SHALL BE
29 SUBJECT TO A CRIMINAL BACKGROUND CHECK THAT INDICATES THAT THE APPLICANT
30 HAS NO FELONY OR DRUG RELATED CONVICTIONS AND PROVIDED FURTHER THAT SUCH
31 EXEMPTION FROM REGISTRATION OR CERTIFICATION SHALL BE FOR ONLY TWO
32 YEARS.
33 5. A PERSON WHO QUALIFIES TO FUNCTION AS A CERTIFIED PHARMACY TECHNI-
34 CIAN MUST, DURING EVERY TRIENNIAL REGISTRATION PERIOD, COMPLETE THIRTY
35 HOURS OF CONTINUING EDUCATION TO REMAIN QUALIFIED TO ACT AS A PHARMACY
36 TECHNICIAN. THE PHARMACY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO ACT
37 AS A PHARMACY TECHNICIAN SHALL VERIFY THAT THE PERSON MEETS THE CONTINU-
38 ING EDUCATION REQUIREMENTS OF THIS SUBDIVISION.
39 6. FOR THE PURPOSES OF THIS SECTION:
40 A. "BOARD" SHALL MEAN THE STATE BOARD OF PHARMACY;
41 B. "PHARMACY TECHNICIAN" SHALL MEAN AN INDIVIDUAL DELEGATED DUTIES,
42 TASKS OR FUNCTIONS BY A LICENSED PHARMACIST TO FULFILL THEIR DUTY OF
43 PROVIDING HEALTH CARE PRODUCTS TO PATIENTS. CONSISTENT WITH REGULATIONS
44 OF THE COMMISSIONER OF EDUCATION AND RULES OF THE BOARD OF REGENTS,
45 PHARMACY TECHNICIANS SHALL BE SUBJECT TO THE SUPERVISION OF LICENSED
46 PHARMACISTS AND SHALL HAVE NO INDEPENDENT AUTHORITY AND, IN ACCORDANCE
47 WITH THE REGULATIONS OF THE DEPARTMENT. UPON THE IMPLEMENTATION OF THE
48 CERTIFICATION REQUIREMENTS SET FORTH UNDER SUBDIVISION THREE OF THIS
49 SECTION, THE DEPARTMENT AND THE BOARD OF REGENTS SHALL CONSIDER AN
50 ADJUSTMENT TO THE RATIO OF PHARMACY TECHNICIANS TO PHARMACISTS AND
51 CONSIDER THE DELEGATED DUTIES, TASKS AND FUNCTIONS THAT MAY BE EXERCISED
52 BY SUCH CERTIFIED PHARMACY TECHNICIANS PROVIDED, HOWEVER, PHARMACIES MAY
53 ONLY BE ELIGIBLE FOR AN ADJUSTMENT OF THE RATIO OF PHARMACY TECHNICIANS
54 TO PHARMACISTS AND CONSIDERATION OF THE DELEGATED DUTIES, TASKS AND
55 FUNCTIONS THAT MAY BE EXERCISED BY PHARMACY TECHNICIANS IN ACCORDANCE
56 WITH REGULATIONS BY THE DEPARTMENT AND BOARD OF REGENTS IF ALL PHARMACY
S. 6398 3
1 TECHNICIANS EMPLOYED BY THE REGISTERED PHARMACY ARE CERTIFIED PHARMACY
2 TECHNICIANS;
3 C. "CERTIFIED PHARMACY TECHNICIAN" SHALL MEAN AN INDIVIDUAL WHO HAS
4 SUCCESSFULLY FULFILLED THE REQUIREMENTS TO OBTAIN PHARMACY TECHNICIAN
5 CERTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
6 S 2. This act shall take effect one year after the date on which it
7 shall have become a law; provided, however, that subdivisions 1 and 2 of
8 section 6805-a of the education law, as added by section one of this
9 act, shall expire and be deemed repealed January 1, 2017. Effective
10 immediately, the addition, amendment and/or repeal of any rule or regu-
11 lation necessary for the implementation of the provisions of this act on
12 its effective date is authorized to be made on or before such effective
13 date.
