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.