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

                                 4841--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, WEPRIN, RAIA -- 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

  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 OR CERTIFICATION AS A PHARMACY
TECHNICIAN. 1. ANY  INDIVIDUAL  EMPLOYED  IN  A  PHARMACY  WHO  DIRECTLY
ASSISTS  LICENSED PHARMACISTS TO DISPENSE PRESCRIPTIONS OR HAS AUTHORITY
TO ADD OR TO MODIFY PRESCRIPTION  RECORDS  MAINTAINED  IN  THE  PHARMACY
COMPUTER  SYSTEM  AND  WHO  HAS  ACCESS TO PRESCRIPTION DRUGS SHALL BE A
REGISTERED PHARMACY TECHNICIAN.
  2. A  REGISTERED  PHARMACY  TECHNICIAN  SHALL  FULFILL  THE  FOLLOWING
REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
  B.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING, AT A MINIMUM, A
HIGH SCHOOL OR A GENERAL EQUIVALENCY DIPLOMA OR WHO  IS  ENROLLED  IN  A
COURSE  OF  STUDY  LEADING  TOWARD  A HIGH SCHOOL OR GENERAL EQUIVALENCY
DIPLOMA.
  C. AGE: BE AT LEAST SEVENTEEN 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 DRUG-RELATED FELONY  CONVICTIONS  OR,  IF  THE
APPLICANT HAS SUCH A CONVICTION, THAT NO CERTIFICATE UNDER ARTICLE TWEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07058-05-6

              

A. 4841--A                          2

TY-THREE  OF THE CORRECTIONS LAW HAS BEEN ISSUED CONCOMITANTLY OR SUBSE-
QUENTLY TO THE APPLICANT HAVING SUCH CONVICTION; AND
  E.  FEE: PAY A TRIENNIAL REGISTRATION FEE ESTABLISHED IN REGULATION BY
THE BOARD. SUCH FEE SHALL BE MAINTAINED IN A DEDICATED FUND  TO  SUPPORT
THE REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
  F.  AS  A CONDITION OF EMPLOYMENT AS A REGISTERED PHARMACY TECHNICIAN,
AN INDIVIDUAL SHALL HAVE A CURRENT  VALID  REGISTRATION  AS  A  PHARMACY
TECHNICIAN ISSUED BY THE DEPARTMENT OR SHALL HAVE COMPLETED THE APPLICA-
TION  PROCESS. SUCH INDIVIDUAL SHALL PROVIDE EVIDENCE OF REGISTRATION OR
EVIDENCE THAT THE APPLICATION HAS BEEN RECEIVED BY THE DEPARTMENT.
  G. AN INDIVIDUAL EMPLOYED IN A PHARMACY AS OF THE  EFFECTIVE  DATE  OF
THIS  SECTION  WHO  DIRECTLY  ASSISTS  LICENSED  PHARMACISTS TO DISPENSE
PRESCRIPTIONS, WHO MEETS THE QUALIFICATIONS SET FORTH  IN  THIS  SECTION
FOR REGISTERED TECHNICIANS WITH THE EXCEPTION OF HAVING A HIGH SCHOOL OR
GENERAL EQUIVALENCY DIPLOMA, AND WHO SUBMITS EVIDENCE VERIFIED BY HIS OR
HER  EMPLOYER  OF A MINIMUM OF FIVE YEARS OF EMPLOYMENT IN GOOD STANDING
WITH THE EMPLOYER MAY BE ELIGIBLE FOR A WAIVER APPROVED BY  THE  DEPART-
MENT,  IN CONSULTATION WITH THE STATE BOARD OF PHARMACY, UPON GOOD CAUSE
SHOWN AS DETERMINED BY THE DEPARTMENT, FROM THE EDUCATIONAL REQUIREMENTS
HEREIN.
  3. ANY INDIVIDUAL EMPLOYED IN A PHARMACY  LOCATED  WITHIN  A  FACILITY
LICENSED  IN  ACCORDANCE  WITH THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW OR WHO IS EMPLOYED BY A FACILITY THAT  IS  ENGAGED
IN  THE  COMPOUNDING  OR  PREPARATION  OF  DRUGS ON BEHALF OF FACILITIES
LICENSED IN ACCORDANCE WITH THE PROVISIONS OF  ARTICLE  TWENTY-EIGHT  OF
THE  PUBLIC  HEALTH LAW AND WHO DIRECTLY ASSISTS LICENSED PHARMACISTS TO
DISPENSE PRESCRIPTIONS OR MEDICATION ORDERS OR HAS AUTHORITY TO  ADD  TO
OR  TO  MODIFY  PRESCRIPTION RECORDS MAINTAINED IN THE PHARMACY COMPUTER
SYSTEM AND WHO HAS ACCESS TO PRESCRIPTION DRUGS  SHALL  BE  A  CERTIFIED
PHARMACY  TECHNICIAN.  AN INDIVIDUAL WHO IS ASSISTING IN THE COMPOUNDING
OF MEDICATIONS UNDER THE DIRECT SUPERVISION  OF  A  LICENSED  PHARMACIST
SHALL  BE  A  CERTIFIED  PHARMACY  TECHNICIAN IN ANY AUTHORIZED SETTING,
INCLUDING, BUT NOT LIMITED TO, FACILITIES AUTHORIZED PURSUANT TO SECTION
SIXTY-EIGHT HUNDRED THIRTY-ONE OF THIS ARTICLE.
  4.  A  CERTIFIED  PHARMACY  TECHNICIAN  SHALL  FULFILL  THE  FOLLOWING
REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT.
  B.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL OR A
GENERAL EQUIVALENCY DIPLOMA AND HAVE COMPLETED REQUIREMENTS NECESSARY TO
QUALIFY FOR AND MAINTAIN CURRENT VALID CERTIFICATION  STATUS,  INCLUDING
CONTINUING  EDUCATION  REQUIREMENTS  AS  MAY  APPLY,  FROM  A NATIONALLY
ACCREDITED INDEPENDENT CERTIFYING BODY INCLUDING BUT NOT LIMITED TO  THE
PHARMACY  TECHNICIAN  CERTIFICATION BOARD, THE INSTITUTE FOR THE CERTIF-
ICATION OF PHARMACY TECHNICIANS, AND  ANY  OTHER  NATIONALLY  ACCREDITED
INDEPENDENT CERTIFYING BODY AS MAY BE SATISFACTORY TO THE DEPARTMENT AND
APPROVED IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER.
  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 DRUG-RELATED FELONY CONVICTIONS OR IF THE APPLICANT
HAS SUCH A CONVICTION, THAT NO CERTIFICATE UNDER ARTICLE TWENTY-THREE OF
THE CORRECTIONS LAW HAS BEEN ISSUED CONCOMITANTLY OR SUBSEQUENTLY TO THE
APPLICANT HAVING SUCH CONVICTION; AND
  E. FEE: PAY A TRIENNIAL REGISTRATION FEE ESTABLISHED IN REGULATION  BY
THE  BOARD.  SUCH FEE SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT
THE REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.

A. 4841--A                          3

  F. AS A CONDITION OF EMPLOYMENT AS A CERTIFIED PHARMACY TECHNICIAN, AN
INDIVIDUAL SHALL HAVE  A  CURRENT  VALID  CERTIFICATION  ISSUED  BY  THE
DEPARTMENT  OR  SHALL HAVE COMPLETED THE APPLICATION PROCESS. SUCH INDI-
VIDUAL SHALL PROVIDE EVIDENCE OF  CERTIFICATION  OR  EVIDENCE  THAT  THE
APPLICATION FOR CERTIFICATION HAS BEEN RECEIVED BY THE DEPARTMENT.
  G.  A REGISTERED PHARMACY TECHNICIAN DIRECTLY ASSISTING LICENSED PHAR-
MACISTS TO DISPENSE PRESCRIPTIONS WHO, AS OF THE EFFECTIVE DATE OF  THIS
SECTION, IS EMPLOYED IN A PHARMACY LOCATED WITHIN A FACILITY LICENSED IN
ACCORDANCE  WITH  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND WHO
SUBMITS EVIDENCE, VERIFIED BY HIS OR HER EMPLOYER, OF A MINIMUM OF  FIVE
YEARS  OF  EMPLOYMENT  WITHIN  THE  PREVIOUS EIGHT YEARS AS A REGISTERED
PHARMACY TECHNICIAN IN GOOD STANDING  AND  WHO  ATTEMPTED  BUT  DID  NOT
SUCCESSFULLY  COMPLETE THE REQUIREMENTS NECESSARY TO QUALIFY FOR CERTIF-
ICATION IN ACCORDANCE WITH THIS SECTION MAY CONTINUE TO BE  EMPLOYED  IN
SUCH  PHARMACY  OR  FACILITY  WITHOUT BEING CERTIFIED IN ACCORDANCE WITH
THESE PROVISIONS, PROVIDED  THAT  SUCH  REGISTERED  PHARMACY  TECHNICIAN
SHALL NOT BE PERMITTED TO ASSIST IN THE COMPOUNDING OF MEDICATIONS.
  5. STUDENTS ENROLLED IN ACCREDITED PROGRAMS OF STUDY IN PHARMACY SHALL
NOT BE REQUIRED TO REGISTER OR BE CERTIFIED AS PHARMACY TECHNICIANS.
  6.  STUDENTS  ENROLLED  IN  PHARMACY  TECHNICIAN EDUCATION OR TRAINING
PROGRAMS LEADING TO CERTIFICATION, AS MAY BE APPROVED BY THE DEPARTMENT,
SHALL NOT BE REQUIRED TO OBTAIN REGISTRATION OR CERTIFICATION AS A PHAR-
MACY TECHNICIAN IN ORDER TO WORK IN A PHARMACY; PROVIDED, HOWEVER,  THAT
SUCH  INDIVIDUALS  SHALL  BE SUBJECT TO A CRIMINAL BACKGROUND CHECK THAT
INDICATES THAT THE APPLICANT HAS NO DRUG-RELATED FELONY CONVICTIONS; AND
PROVIDED FURTHER THAT SUCH EXEMPTION FROM REGISTRATION OR  CERTIFICATION
SHALL  BE  LIMITED TO TWO YEARS. THE BOARD, IN ITS DISCRETION, MAY GRANT
AN EXTENSION FOR ANY  STUDENT  ENROLLED  IN  AN  APPROVED  PROGRAM  THAT
EXCEEDS TWO YEARS.
  7. FOR THE PURPOSES OF THIS SECTION "BOARD" SHALL MEAN THE STATE BOARD
OF REGENTS.
  8.  FOLLOWING THE IMPLEMENTATION OF THE REGISTRATION AND CERTIFICATION
REQUIREMENTS SET FORTH UNDER THIS SECTION, THE DEPARTMENT AND THE  STATE
BOARD  OF  PHARMACY  SHALL  CONSIDER  AN  ADJUSTMENT IN THE RATIO OF THE
REGISTERED AND  CERTIFIED  PHARMACY  TECHNICIANS  DIRECTLY  ASSISTING  A
LICENSED  PHARMACIST  TO  DISPENSE  PRESCRIPTIONS AND SHALL CONSIDER THE
DELEGATED DUTIES, TASKS AND FUNCTIONS THAT  MAY  BE  PERFORMED  BY  SUCH
REGISTERED  AND CERTIFIED TECHNICIANS AS SET FORTH IN REGULATIONS ESTAB-
LISHED BY THE COMMISSIONER. REGISTERED AND  CERTIFIED  PHARMACY  TECHNI-
CIANS SHALL BE SUBJECT TO THE DIRECT SUPERVISION OF LICENSED PHARMACISTS
AND  SHALL  HAVE NO INDEPENDENT AUTHORITY IN ACCORDANCE WITH REGULATIONS
ESTABLISHED BY THE COMMISSIONER.
  S 2. This act shall take effect one year after it shall have become  a
law; provided, however, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.