Bill Text: NY A02476 | 2023-2024 | General Assembly | Introduced

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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: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A02476 Detail]

Download: New_York-2023-A02476-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2476

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by M. of A. BRONSON, FAHY, SIMON, STECK, STIRPE -- read once
          and referred to the Committee on Higher Education

        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
    19  pharmacist in compounding, preparing, labeling, or dispensing of  drugs,
    20  in  accordance with this article and article one hundred thirty-seven of
    21  this title. For the purposes of this  article,  direct  personal  super-
    22  vision  means  supervision  of  procedures  based  on instructions given
    23  directly by a supervising licensed pharmacist who remains in the immedi-
    24  ate area where the procedures are being performed, authorizes the proce-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00444-01-3
        A. 2476                             2

     1  dures and evaluates the procedures performed by the registered  pharmacy
     2  technicians and a supervising licensed pharmacist shall approve all work
     3  performed  by  the  registered  pharmacy  technician prior to the actual
     4  dispensing of any drug.
     5    § 2. This act shall take effect on the one hundred eightieth day after
     6  it  shall have become a law. Effective immediately, the amendment and/or
     7  repeal of any rule or regulation necessary  for  the  implementation  of
     8  this  act  on its effective date are authorized to be made and completed
     9  on or before such effective date.