senate Bill S775

2011-2012 Legislative Session

Directs the office of children and family services to consult with localities and other state agencies prior to closure of any facility

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
Jan 05, 2011 referred to children and families

Co-Sponsors

S775 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง501, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2263

S775 - Bill Texts

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Directs the office of children and family services to consult with localities and other state agencies prior to closure of any facility; requires a report for an adaptive reuse plan for the facility slated to close.

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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.

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

                                   775

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG, BONACIC, MAZIARZ -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families

AN ACT to amend the executive law, in relation to reduction in the staff
  of the office of children and  family  services  and  the  closure  of
  facilities of such office

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

  Section 1. Paragraphs (c) and (d) of subdivision 15 of section 501  of
the  executive  law,  as amended by section 1 of part H of chapter 58 of
the laws of 2006, are amended and a new paragraph (e) is added  to  read
as follows:
  (c)  CONSULT  WITH AND provide for a mechanism which may reasonably be
expected to provide notice to  local  governments,  community  organiza-
tions, employee labor organizations, managerial and confidential employ-
ees,  consumer  and  advocacy  groups  of  the potential for significant
service reductions,  public  employee  staffing  reductions  and/or  the
transfer  of  operations  to  a private or not-for-profit entity at such
state-operated facilities, at least twelve months  prior  to  commencing
such service reduction; [and]
  (d)  consult  with the office of general services and any other appro-
priate state agency in developing a mechanism for  determining  alterna-
tive uses for land and buildings to be vacated by the office of children
and  family  services. Such a mechanism should include a review of other
programs or state agencies that could feasibly expand  their  operations
onto  a state-operated campus and are compatible with health, safety and
programmatic needs of persons served in such facilities[.]; AND
  (E) AT THE TIME THE NOTICE OF CLOSURE OF A  FACILITY  IS  PROVIDED  IN
ACCORDANCE  WITH  PARAGRAPH  (C)  OF  THIS SUBDIVISION, THE COMMISSIONER
SHALL, IN CONSULTATION WITH THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02500-01-1

S. 775                              2

THE PRESIDENT OF THE CIVIL  SERVICE  COMMISSION,  THE  DIRECTOR  OF  THE
GOVERNOR'S  OFFICE OF EMPLOYEE RELATIONS AND THE CHIEF EXECUTIVE OFFICER
OF THE CITY, TOWN OR VILLAGE IN WHICH THE FACILITY SLATED FOR CLOSURE IS
LOCATED,  PROVIDE  A REPORT FOR AN ADAPTIVE REUSE PLAN FOR SUCH FACILITY
WHICH WILL EVALUATE THE COMMUNITY IMPACT OF THE PROPOSED CLOSURE INCLUD-
ING BUT NOT LIMITED TO THE FOLLOWING FACTORS: THE POTENTIAL  TO  UTILIZE
THE  PROPERTY  FOR ANOTHER STATE GOVERNMENT PURPOSE, INCLUDING FOR A NEW
PURPOSE AS PART OF THE STATE CHILD WELFARE  SYSTEM;  POTENTIAL  FOR  THE
SALE  OR TRANSFER OF THE PROPERTY TO A LOCAL GOVERNMENT OR OTHER GOVERN-
MENTAL ENTITY; POTENTIAL FOR THE   SALE OF THE  PROPERTY  TO  A  PRIVATE
ENTITY  FOR  DEVELOPMENT  INTO A BUSINESS, RESIDENTIAL OR OTHER PURPOSE;
COMMUNITY INPUT FOR LOCAL DEVELOPMENT; AND THE CONDITION OF THE FACILITY
AND THE INVESTMENTS REQUIRED TO KEEP THE STRUCTURE IN GOOD REPAIR, OR TO
MAKE IT VIABLE FOR REUSE.
  S 2. This act shall take effect immediately.

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