senate Bill S775

Amended

Establishes requirements for certification as a pharmacy technician

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 28 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 28 / May / 2013
    • PRINT NUMBER 775A

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A4221
Versions:
S775
S775A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Education Law
Laws Affected:
Add ยง6805-a, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7367A, A4605A
2009-2010: A5379, A5379
2007-2008: A10177, A10177

Sponsor Memo

BILL NUMBER:S775

TITLE OF BILL:
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

PURPOSE:
Establishes requirements for registration and certification
of a pharmacy technician.

SUMMARY OF PROVISIONS:
This bill would add new section 6805-a to the
education law to read;
requirements for certification as a pharmacy technician.

1. To qualify for registration as 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:
high school graduation or a general equivalency diploma (GED);(c) Age:
be at least eighteen years of age; and (d) Character: be of good
moral character as determined by the department including having no
felony or drug related convictions; (e) Fee: pay a registration fee
established in regulation by the board.

2. No person shall act as a pharmacy technician on or after the
effective date of this act unless registered by the board.

3. To qualify for certification as 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
commissioners regulations; (e) Age: be at least eighteen years of
age; and (f) Character: be of good moral character as determined by
the department including having no felony or drug related
convictions; (g) Fee: Pay an initial fee established by the board of
regents and a triennial renewal fee.

4. No person shall act as a pharmacy technician on or after January 1,
2017 unless they have been certified by the board.

5. For 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


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.

JUSTIFICATION:
This legislation acts to ensure that all persons
filling the important position of a Pharmacy Technician are qualified
to do so. Pharmacy technicians who work in retail or mail-order
pharmacies have varying responsibilities. Technicians receive written
prescriptions or requests for prescription refills from patients.
They also may receive prescriptions sent electronically from the
doctor's office. They must verify that the information on the
prescription is complete and accurate. To prepare the prescription,
technicians must retrieve, count, pour, weigh, measure, and sometimes
mix the medication. Then, they prepare the prescription labels,
select the type of prescription container, and affix the prescription
and auxiliary labels to the container.
Once the prescription is filled, technicians price and file the
prescription, which must be checked by a pharmacist before it is
given to the patient. Technicians may establish and maintain patient
profiles, prepare insurance claim forms, and stock and take inventory
of prescription and over-the-counter medications.

In hospitals, nursing homes, and assisted-living facilities,
technicians have added responsibilities, including reading patients'
charts and preparing and delivering the medicine to patients. Still,
the pharmacist must check the order before it is delivered to the
patient. The technician then copies the information about the
prescribed medication onto the patient's profile. Technicians also
may assemble a 24-hour supply of medicine for every patient. They
package and label each dose separately. The packages are then placed
in the medicine cabinets of patients until the supervising pharmacist
checks them for accuracy. The packages are then given to the patients.

Currently in New York State there is no certification or registration
requirement or required course of training for these positions that
play a critical role in the day to day operations of pharmacies. An
untrained technician may inadvertently and unknowingly commit a
mistake that could result in serious harm or even the death of the
consumer receiving the faulty medication. This legislation provides a
two step process to ensure that all pharmacy technicians important
step to ensure consumers receive the highest quality of care from
their local pharmacies.

LEGISLATIVE HISTORY:
2012: Higher Education Committee (S.7367A/A.4605A)
2008: S.5034/A.10177 Passed the Senate

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect one year after the date on which it shall
have become a law; provided, however, that subdivisions 1 and 2 of
section 6805-a of the education law, as added by section one of this
act, shall expire and be deemed repealed January 1, 2017. 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 to be made on or before such
effective date.

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

                                   775

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- 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:

  Section 1. The education law is amended by adding a new section 6805-a
to read as follows:
  S  6805-A.  REQUIREMENTS FOR REGISTRATION AND CERTIFICATION AS A PHAR-
MACY TECHNICIAN. 1. ANY PERSON SEEKING TO  BE  EMPLOYED  AS  A  PHARMACY
TECHNICIAN  SHALL  FULFILL  THE  FOLLOWING  REQUIREMENTS  IN ORDER TO BE
REGISTERED AS A PHARMACY TECHNICIAN:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION OR A GENERAL EQUIVALENCY DIPLOMA (GED);
  C. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  D. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT,  WHICH  SHALL  INCLUDE  A CRIMINAL BACKGROUND CHECK THAT INDICATES
THAT THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
  E. FEE: PAY A REGISTRATION FEE ESTABLISHED IN REGULATION BY THE  BOARD
OF REGENTS. SUCH FEES SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT
THE REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
  2. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL ACT
AS A PHARMACY TECHNICIAN UNLESS REGISTERED BY THE BOARD.
  3.  BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, TO QUALIFY TO BE A PHAR-
MACY TECHNICIAN, AN APPLICANT SHALL FULFILL THE  FOLLOWING  REQUIREMENTS
IN ORDER TO BE CERTIFIED AS A PHARMACY TECHNICIAN:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01451-01-3

S. 775                              2

  B.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING: (I) HIGH SCHOOL
GRADUATION OR A GENERAL EQUIVALENCY DIPLOMA (GED); AND  (II)  SUCCESSFUL
COMPLETION  OF  AN  EDUCATION OR TRAINING PROGRAM, AS MAY BE APPROVED BY
THE DEPARTMENT;
  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;
  F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT WHICH SHALL INCLUDE A CRIMINAL BACKGROUND CHECK THAT INDICATES THAT
THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
  G. FEE: PAY A TRIENNIAL FEE ESTABLISHED IN REGULATION BY THE BOARD  OF
REGENTS. SUCH FEE SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT THE
REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
  4.  ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO PERSON SHALL
ACT AS A PHARMACY TECHNICIAN UNLESS CERTIFIED  BY  THE  BOARD  PROVIDED,
HOWEVER, THAT STUDENTS ENROLLED IN ACCREDITED PROGRAMS OR STUDY IN PHAR-
MACY  SHALL  NOT  BE  REQUIRED TO REGISTER OR BE CERTIFIED AS A PHARMACY
TECHNICIAN IN ORDER TO COMPLETE PRACTICE REQUIREMENTS.    SUCH  STUDENTS
SHALL  BE  DIRECTLY SUPERVISED AT ALL TIMES, SHALL BE ALLOWED TO PERFORM
ONLY NON-JUDGMENTAL TASKS AND SHALL BE LIMITED TO PERFORMING THESE TASKS
FOR A PERIOD OF TIME, AS MAY BE DEFINED BY THE DEPARTMENT. IN  ADDITION,
INDIVIDUALS  ENROLLED  IN  PHARMACY  TECHNICIAN  EDUCATION  OR  TRAINING
PROGRAMS, AS MAY BE APPROVED  BY  THE  DEPARTMENT,  SHALL  ALSO  NOT  BE
REQUIRED TO REGISTER OR BE CERTIFIED AS A PHARMACY TECHNICIAN, PROVIDED,
HOWEVER, THAT SUCH INDIVIDUALS SHALL BE SUBJECT TO A CRIMINAL BACKGROUND
CHECK  THAT  INDICATES  THAT THE APPLICANT HAS NO FELONY OR DRUG RELATED
CONVICTIONS AND PROVIDED FURTHER THAT SUCH EXEMPTION  FROM  REGISTRATION
OR CERTIFICATION SHALL BE FOR ONLY TWO YEARS.
  5. 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. CONSISTENT WITH REGULATIONS
OF THE COMMISSIONER OF EDUCATION AND RULES  OF  THE  BOARD  OF  REGENTS,
PHARMACY  TECHNICIANS  SHALL  BE  SUBJECT TO THE SUPERVISION OF LICENSED
PHARMACISTS AND SHALL HAVE NO INDEPENDENT AUTHORITY AND,  IN  ACCORDANCE
WITH  THE  REGULATIONS OF THE DEPARTMENT. UPON THE IMPLEMENTATION OF THE
CERTIFICATION REQUIREMENTS SET FORTH UNDER  SUBDIVISION  THREE  OF  THIS
SECTION,  THE DEPARTMENT AND THE BOARD OF REGENTS SHALL ADJUST THE RATIO
OF PHARMACY TECHNICIANS TO PHARMACISTS AND CONSIDER THE SCOPE OF AUTHOR-
ITY THAT MAY BE EXERCISED BY SUCH CERTIFIED PHARMACY TECHNICIANS;
  C. "CERTIFIED PHARMACY TECHNICIAN" SHALL MEAN AN  INDIVIDUAL  WHO  HAS
SUCCESSFULLY  FULFILLED  THE  REQUIREMENTS TO OBTAIN PHARMACY TECHNICIAN
CERTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S 2. This act shall take effect one year after the date  on  which  it
shall have become a law; provided, however, that subdivisions 1 and 2 of
section  6805-a  of  the  education law, as added by section one of this
act, shall expire and be deemed repealed January  1,  2017.    Effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of the provisions of this act on
its effective date is authorized to be made on or before such  effective
date.

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