NY State Senate Bill 2011-S7367

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2012	print number 7367a
Jun 01, 2012	amend (t) and recommit to higher education
May 02, 2012	referred to higher education

Bill Amendments

Original

A (Active)

2011-S7367 - Details

See Assembly Version of this Bill:: A4605
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6805-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5379
2013-2014: S775, A4221
2015-2016: A4841
2017-2018: A4611

2011-S7367 - 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.

2011-S7367 - Sponsor Memo

                                BILL NUMBER:S7367

TITLE OF BILL:
An act
to amend the education law, in relation to the certification
of pharmacy technicians

PURPOSE:
Establishes requirements for certification as 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 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

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.

2. No person shall act as a pharmacy technician unless registered by
the board.

3. 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
and certified 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 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 is an important step to ensure
consumers receive the highest quality of care from their local
pharmacies.

LEGISLATIVE HISTORY:
2009-10: A.5379 Referred to Higher Education
2007-08: A.10I77

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law; provided 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.

2011-S7367 - Bill Text download pdf

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

                                  7367

                            I N  S E N A T E

                               May 2, 2012
                               ___________

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 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
  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,

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

                                                           LBD08820-01-1

S. 7367                             2

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.

2011-S7367A (ACTIVE) - Details

See Assembly Version of this Bill:: A4605
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6805-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5379
2013-2014: S775, A4221
2015-2016: A4841
2017-2018: A4611

2011-S7367A (ACTIVE) - 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.

2011-S7367A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7367A

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,
2016 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:
2008: S.5034/A.10177 passed the Senate

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law; provided 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 it~ effective date is
authorized and directed to be made and completed on or before such
effective date.

2011-S7367A (ACTIVE) - Bill Text download pdf

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

                                 7367--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08820-12-2

S. 7367--A                          2

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.

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Senate Bill S7367

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2011-S7367 - Details

2011-S7367 - Summary

2011-S7367 - Sponsor Memo

2011-S7367 - Bill Text download pdf

2011-S7367A (ACTIVE) - Details

2011-S7367A (ACTIVE) - Summary

2011-S7367A (ACTIVE) - Sponsor Memo

2011-S7367A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2011-S7367 - Details

2011-S7367 - Summary

2011-S7367 - Sponsor Memo

2011-S7367 - Bill Text download pdf

2011-S7367A (ACTIVE) - Details

2011-S7367A (ACTIVE) - Summary

2011-S7367A (ACTIVE) - Sponsor Memo

2011-S7367A (ACTIVE) - Bill Text download pdf

Comments