S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5379

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, ALFANO -- Multi-Sponsored by -- M.
  of A. BUTLER -- read once and referred  to  the  Committee  on  Higher
  Education

AN  ACT  to amend the education law, in relation to the certification of
  pharmacy technicians

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6805-a
to read as follows:
  S  6805-A. REQUIREMENTS FOR CERTIFICATION AS A PHARMACY TECHNICIAN. 1.
TO QUALIFY TO BE A PHARMACY TECHNICIAN, AN APPLICANT SHALL  FULFILL  THE
FOLLOWING REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING: (I) HIGH SCHOOL
GRADUATION OR A GENERAL EQUIVALENCY DIPLOMA (GED); AND  (II)  SUCCESSFUL
COMPLETION OF A BOARD CERTIFICATION PROGRAM;
  C.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE; AND
  F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT INCLUDING HAVING NO FELONY OR DRUG RELATED CONVICTIONS.
  2. NO PERSON SHALL ACT AS A PHARMACY TECHNICIAN UNLESS  REGISTERED  BY
THE BOARD.
  3. FOR THE PURPOSES OF THIS SECTION:
  A. "BOARD" SHALL MEAN THE STATE BOARD OF PHARMACY;
  B.  "PHARMACY  TECHNICIAN"  SHALL MEAN AN INDIVIDUAL DELEGATED DUTIES,
TASKS OR FUNCTIONS BY A LICENSED PHARMACIST TO  FULFILL  THEIR  DUTY  OF
PROVIDING HEALTH CARE PRODUCTS TO PATIENTS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09115-01-9

              

A. 5379                             2

  C.  "CERTIFIED  PHARMACY  TECHNICIAN" SHALL MEAN AN INDIVIDUAL WHO HAS
SUCCESSFULLY FULFILLED THE REQUIREMENTS TO  OBTAIN  PHARMACY  TECHNICIAN
CERTIFICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of the provisions of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.