Bill Text: NY S03286 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits drugs from being dispensed unless a licensed pharmacist has verified that: the package contains the drug to be dispensed, whether the drug is packaged in a child-resistant container, whether a stock container is open and the quantity of the drug to be dispensed.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S03286 Detail]

Download: New_York-2023-S03286-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3286

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens. THOMAS, JACKSON -- 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  restricting  certain
          practices from remote supervision by licensed pharmacists

          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  shall
    16  be  responsible for ensuring that the registered pharmacy technician has
    17  received appropriate training to ensure  competence  before  he  or  she
    18  begins assisting a licensed pharmacist in compounding, preparing, label-
    19  ing, or dispensing of drugs, in accordance with this article and article
    20  one  hundred  thirty-seven of this title. For the purposes of this arti-
    21  cle, direct personal supervision means supervision of  procedures  based
    22  on  instructions given directly by a supervising licensed pharmacist who
    23  remains in the immediate area where the procedures are being  performed,
    24  authorizes  the procedures and evaluates the procedures performed by the
    25  registered pharmacy technicians and a  supervising  licensed  pharmacist

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07390-01-3
        S. 3286                             2

     1  shall  approve  all work performed by the registered pharmacy technician
     2  prior to the actual dispensing of any drug.  No  prescription  shall  be
     3  dispensed unless a licensed pharmacist has first verified in person:
     4    a. that the package to be handed or delivered to the patient or person
     5  authorized  to act on behalf of the patient in fact contains the drug to
     6  be dispensed by the prescription;
     7    b. whether or not the drug to be dispensed is packaged in a  child-re-
     8  sistant container;
     9    c.  if a stock container is to be dispensed, whether such container is
    10  open; and
    11    d. the quantity of the dosage units of the drug to be dispensed.
    12    § 2. This act shall take effect immediately.