S T A T E O F N E W Y O R K
________________________________________________________________________
5584--B
2017-2018 Regular Sessions
I N S E N A T E
April 18, 2017
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Introduced by Sens. GRIFFO, AKSHAR, BONACIC, FUNKE, GALLIVAN, LATIMER,
MURPHY, RANZENHOFER, VALESKY -- 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 -- reported favorably from said commit-
tee and committed to the Committee on Finance -- reported favorably
from said committee and committed to the Committee on Rules -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the education law, in relation to the practice of regis-
tered pharmacy technician or certified pharmacy technician
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 two new sections
6803-a and 6803-b to read as follows:
§ 6803-A. PRACTICE OF REGISTERED PHARMACY TECHNICIAN AND USE OF TITLE
"REGISTERED PHARMACY TECHNICIAN". ONLY A PERSON REGISTERED OR OTHERWISE
AUTHORIZED UNDER THIS TITLE SHALL PRACTICE AS A REGISTERED PHARMACY
TECHNICIAN OR USE THE TITLE "REGISTERED PHARMACY TECHNICIAN". PRACTICE
AS A REGISTERED PHARMACY TECHNICIAN SHALL INCLUDE PROVIDING PHARMACY-RE-
LATED SERVICES AS DEFINED IN REGULATION UNDER THE SUPERVISION OF A
LICENSED PHARMACIST. REGISTERED PHARMACY TECHNICIANS SHALL BE SUBJECT
TO THE PROVISIONS OF SUBPART THREE OF ARTICLE ONE HUNDRED THIRTY OF THIS
TITLE. REGISTRATION AS A PHARMACY TECHNICIAN SHALL BE REQUIRED IF THE
TECHNICIAN HAS ACCESS TO PRESCRIPTION DRUGS AND EITHER DIRECTLY ASSISTS
LICENSED PHARMACISTS TO DISPENSE PRESCRIPTIONS OR MEDICATION ORDERS, OR
HAS THE AUTHORITY TO ADD TO OR MODIFY PRESCRIPTION RECORDS.
§ 6803-B. PRACTICE OF CERTIFIED PHARMACY TECHNICIAN AND USE OF TITLE
"CERTIFIED PHARMACY TECHNICIAN". ONLY A PERSON CERTIFIED OR OTHERWISE
AUTHORIZED UNDER THIS TITLE SHALL PRACTICE AS A CERTIFIED PHARMACY TECH-
NICIAN OR USE THE TITLE "CERTIFIED PHARMACY TECHNICIAN". PRACTICE AS A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10768-07-7
S. 5584--B 2
CERTIFIED PHARMACY TECHNICIAN SHALL INCLUDE PROVIDING PHARMACY-RELATED
SERVICES AS DEFINED IN REGULATION UNDER THE SUPERVISION OF A LICENSED
PHARMACIST. CERTIFIED PHARMACY TECHNICIANS SHALL BE SUBJECT TO THE
PROVISIONS OF SUBPART THREE OF ARTICLE ONE HUNDRED THIRTY OF THIS TITLE.
CERTIFICATION AS A PHARMACY TECHNICIAN SHALL BE REQUIRED IF THE TECHNI-
CIAN HAS ACCESS TO PRESCRIPTION DRUGS, AND EITHER DIRECTLY ASSISTS
LICENSED PHARMACISTS TO DISPENSE PRESCRIPTIONS OR MEDICATION ORDERS OR
HAS THE AUTHORITY TO ADD TO OR MODIFY PRESCRIPTION RECORDS, AND (I) IS
EMPLOYED BY A PHARMACY IN A FACILITY LICENSED IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW EXCEPT AS
PROVIDED IN SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED NINE OF THIS
ARTICLE; OR (II) IS EMPLOYED IN 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, INCLUDING, BUT NOT LIMITED TO, FACILITIES AUTHORIZED PURSU-
ANT TO SECTION SIXTY-EIGHT HUNDRED THIRTY-ONE OF THIS ARTICLE; OR (III)
IS ASSISTING IN THE COMPOUNDING OF MEDICATIONS AS DEFINED IN REGULATION
IN ANY SETTING UNDER THE DIRECT SUPERVISION OF A PHARMACIST WHO IS
ON-SITE AND AVAILABLE AT ALL TIMES.
§ 2. The education law is amended by adding two new sections 6805-a
and 6805-b to read as follows:
§ 6805-A. REQUIREMENTS FOR REGISTRATION AS A PHARMACY TECHNICIAN. 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 A MINIMUM OF A HIGH SCHOOL OR HIGH SCHOOL
EQUIVALENCY DIPLOMA, OR BE CURRENTLY ENROLLED IN A COURSE OF STUDY LEAD-
ING TOWARD A HIGH SCHOOL OR GENERAL EQUIVALENCY DIPLOMA, EXCEPT AS
OTHERWISE PROVIDED BY SECTION SIXTY-EIGHT HUNDRED NINE OF THIS ARTICLE.
A DIPLOMA FOR A HIGHER DEGREE MAY BE SUBSTITUTED FOR A HIGH SCHOOL OR
HIGH SCHOOL EQUIVALENCY DIPLOMA.
(C) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE, OR AT LEAST SEVENTEEN IF
THE APPLICANT HAS RECEIVED A HIGH SCHOOL OR A HIGH SCHOOL EQUIVALENCY
DIPLOMA.
(D) CHARACTER: SUBMIT AN ATTESTATION OF GOOD MORAL CHARACTER THAT IS
SATISFACTORY TO THE DEPARTMENT WHICH SHALL INCLUDE A STATEMENT, UNDER
PENALTY OF PERJURY, AS TO WHETHER THE APPLICANT HAS BEEN CONVICTED OF
ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED SEVENTY-EIGHT OR TWO HUNDRED
TWENTY OF THE PENAL LAW.
(E) FEES: PAY A FEE FOR AN INITIAL REGISTRATION AND FOR EACH TRIENNIAL
REGISTRATION PERIOD THEREAFTER. THE TRIENNIAL REGISTRATION FEE SHALL BE
ONE-HALF OF THE FEE FOR INITIAL REGISTRATION. THE FEES COLLECTED SHALL
BE USED BY THE DEPARTMENT AS NEEDED FOR THE IMPLEMENTATION OF, AND ONGO-
ING ACTIVITIES REQUIRED BY, THIS SECTION FOR THE PURPOSE OF REGISTERING
PHARMACY TECHNICIANS.
§ 6805-B. REQUIREMENTS FOR CERTIFICATION AS A PHARMACY TECHNICIAN. 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 A MINIMUM OF A HIGH SCHOOL OR A HIGH
SCHOOL EQUIVALENCY DIPLOMA. A DIPLOMA FOR A HIGHER DEGREE MAY BE SUBSTI-
TUTED FOR A HIGH SCHOOL OR HIGH SCHOOL EQUIVALENCY DIPLOMA.
(C) EXAMINATION: PASS AN EXAMINATION OFFERED BY A NATIONAL CERTIFYING
BODY THAT IS SATISFACTORY TO THE DEPARTMENT.
(D) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE.
S. 5584--B 3
(E) CHARACTER: SUBMIT AN ATTESTATION OF GOOD MORAL CHARACTER THAT IS
SATISFACTORY TO THE DEPARTMENT WHICH SHALL INCLUDE A STATEMENT, UNDER
PENALTY OF PERJURY, AS TO WHETHER THE APPLICANT HAS BEEN CONVICTED OF
ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED SEVENTY-EIGHT OR TWO HUNDRED
TWENTY OF THE PENAL LAW.
(F) FEE: PAY A FEE FOR AN INITIAL CERTIFICATION AND FOR EACH TRIENNIAL
CERTIFICATION PERIOD THEREAFTER. THE TRIENNIAL REGISTRATION FEE SHALL BE
ONE-HALF OF THE FEE FOR INITIAL CERTIFICATION. THE FEES COLLECTED SHALL
BE USED BY THE DEPARTMENT AS NEEDED FOR THE IMPLEMENTATION OF, AND ONGO-
ING ACTIVITIES REQUIRED BY, THIS SECTION FOR THE PURPOSE OF REGISTERING
PHARMACY TECHNICIANS.
§ 3. The education law is amended by adding a new section 6809 to read
as follows:
§ 6809. SPECIAL CONDITIONS. 1. EXEMPTIONS FOR REGISTERED PHARMACY
TECHNICIANS. A PERSON EMPLOYED IN A PHARMACY WHO DIRECTLY ASSISTS
LICENSED PHARMACISTS TO DISPENSE PRESCRIPTIONS ON THE EFFECTIVE DATE OF
THIS SECTION, SHALL BE EXEMPT FROM THE EDUCATION REQUIREMENTS IN SECTION
SIXTY-EIGHT HUNDRED FIVE-A OF THIS ARTICLE IF HE OR SHE SUBMITS EVIDENCE
OF A MINIMUM OF FIVE YEARS OF EMPLOYMENT IN GOOD STANDING IN A PHARMACY,
INCLUDING EIGHTEEN CONSECUTIVE MONTHS WITH A SINGLE EMPLOYER, AND SUCH
EVIDENCE IS VERIFIED BY THE EMPLOYER. SUCH INDIVIDUAL MUST SUBMIT AN
APPLICATION TO THE DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
THIS SECTION.
2. EXEMPTIONS FOR REGISTERED PHARMACY TECHNICIANS IN ARTICLE TWENTY-
EIGHT FACILITIES. A PERSON EMPLOYED IN A PHARMACY WHO DIRECTLY ASSISTS
LICENSED PHARMACISTS TO DISPENSE PRESCRIPTIONS IN A FACILITY LICENSED IN
ACCORDANCE WITH ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW ON THE
EFFECTIVE DATE OF THIS SECTION, SHALL BE EXEMPT FROM THE EDUCATION
REQUIREMENTS IN SECTION SIXTY-EIGHT HUNDRED FIVE-A OF THIS ARTICLE, AND
SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTION SIXTY-EIGHT HUNDRED
THREE-B OR SIXTY-EIGHT HUNDRED FIVE-B OF THIS ARTICLE IF HE OR SHE
SUBMITS EVIDENCE, VERIFIED BY HIS OR HER EMPLOYER, OF A MINIMUM OF FIVE
YEARS OF EMPLOYMENT IN GOOD STANDING IN A PHARMACY WITHIN THE PREVIOUS
EIGHT YEARS, INCLUDING EIGHTEEN CONSECUTIVE MONTHS WITH A SINGLE EMPLOY-
ER. SUCH INDIVIDUAL MUST SUBMIT AN APPLICATION FOR REGISTRATION AS A
PHARMACY TECHNICIAN TO THE DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE
DATE OF THIS SECTION, AND SHALL NOT BE PERMITTED TO ASSIST IN THE
COMPOUNDING OF MEDICATIONS.
3. EXEMPTIONS FOR CERTIFIED PHARMACY TECHNICIANS. AN INDIVIDUAL WHO
MEETS THE REQUIREMENTS FOR CERTIFICATION AS A PHARMACY TECHNICIAN ON THE
EFFECTIVE DATE OF THIS SECTION, AND WHO IS CERTIFIED BY A NATIONAL
CERTIFYING BODY HAVING CERTIFICATION STANDARDS ACCEPTABLE TO THE COMMIS-
SION, MAY BE CERTIFIED FOR THE PURPOSES OF THIS ARTICLE, PROVIDED THAT
SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS SECTION.
§ 4. Following the implementation of the registration and certif-
ication requirements set forth in this act, the department of education
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
established by the commissioner of education. Registered and certified
pharmacy technicians shall be subject to the direct supervision of
licensed pharmacists and shall have no independent authority in accord-
ance with regulations established by the commissioner of education.
S. 5584--B 4
§ 5. This act shall take effect eighteen months after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date; and
provided further that the state education department shall, effective
immediately, be authorized to issue guidance and application forms to,
and to receive and consider applications from, persons seeking to be
registered or certified pursuant to this act.
