senate Bill S775A

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:
A4221A
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:S775A

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. However a
registered pharmacy technician who submits evidence of a minimum of
five years experience with in the last eight years may act as a
pharmacy technician if such person meets all requirement for
certification, except for examination and completion of an education
or training program.

5. Requires a certified pharmacy technician to complete thirty hours
of continuing education every three years.


6. 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: Passed the Senate (S.. 5034/A. 1017)

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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FUSCHILLO, GRISANTI -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion  --  reported  favorably from said committee and committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01451-02-3

S. 775--A                           2

  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;
  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 A REGISTERED PHARMACY TECHNICIAN WHO SUBMITS EVIDENCE OF A
MINIMUM OF FIVE YEARS OF EMPLOYMENT WITHIN THE LAST  EIGHT  YEARS  AS  A
PHARMACY  TECHNICIAN  AT  A PHARMACY MAY ACT AS A PHARMACY TECHNICIAN IF
SUCH PERSON MEETS THE REQUIREMENTS FOR CERTIFICATION ESTABLISHED IN THIS
SECTION, EXCEPT FOR EXAMINATION AND THE COMPLETION OF  AN  EDUCATION  OR
TRAINING PROGRAM, AND PROVIDED FURTHER THAT STUDENTS ENROLLED IN ACCRED-
ITED  PROGRAMS OR STUDY IN PHARMACY 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. A PERSON WHO QUALIFIES TO FUNCTION AS A CERTIFIED PHARMACY  TECHNI-
CIAN  MUST,  DURING EVERY TRIENNIAL REGISTRATION PERIOD, COMPLETE THIRTY
HOURS OF CONTINUING EDUCATION TO REMAIN QUALIFIED TO ACT AS  A  PHARMACY
TECHNICIAN.  THE PHARMACY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO ACT
AS A PHARMACY TECHNICIAN SHALL VERIFY THAT THE PERSON MEETS THE CONTINU-
ING EDUCATION REQUIREMENTS OF THIS SUBDIVISION.
  6. 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

S. 775--A                           3

SECTION, THE DEPARTMENT AND THE  BOARD  OF  REGENTS  SHALL  CONSIDER  AN
ADJUSTMENT  TO  THE  RATIO  OF  PHARMACY  TECHNICIANS TO PHARMACISTS AND
CONSIDER THE DELEGATED DUTIES, TASKS AND FUNCTIONS THAT MAY BE EXERCISED
BY SUCH CERTIFIED PHARMACY TECHNICIANS PROVIDED, HOWEVER, PHARMACIES MAY
ONLY  BE ELIGIBLE FOR AN ADJUSTMENT OF THE RATIO OF PHARMACY TECHNICIANS
TO PHARMACISTS AND CONSIDERATION OF  THE  DELEGATED  DUTIES,  TASKS  AND
FUNCTIONS  THAT  MAY  BE EXERCISED BY PHARMACY TECHNICIANS IN ACCORDANCE
WITH REGULATIONS BY THE DEPARTMENT AND BOARD OF REGENTS IF ALL  PHARMACY
TECHNICIANS  EMPLOYED  BY THE REGISTERED PHARMACY ARE 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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