S T A T E O F N E W Y O R K
________________________________________________________________________
4605--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 4, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
BUTLER -- read once and referred to the Committee on Higher Education
-- recommitted to the Committee on Higher Education in accordance with
Assembly Rule 3, sec. 2 -- 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.
3. BY JANUARY FIRST, TWO THOUSAND SIXTEEN TO QUALIFY TO BE A PHARMACY
TECHNICIAN, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS IN
ORDER TO BE CERTIFIED AS A PHARMACY TECHNICIAN:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08820-13-2
A. 4605--A 2
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 SIXTEEN, 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, 2016. 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.