S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4611
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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
 
 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:
   § 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-
 TY-THREE OF THE CORRECTIONS LAW HAS BEEN ISSUED CONCOMITANTLY OR  SUBSE-
 QUENTLY TO THE APPLICANT HAVING SUCH CONVICTION; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03646-01-7

              

 A. 4611                             2
 
   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.
   F. AS A CONDITION OF EMPLOYMENT AS A CERTIFIED PHARMACY TECHNICIAN, AN
 INDIVIDUAL SHALL HAVE  A  CURRENT  VALID  CERTIFICATION  ISSUED  BY  THE

 A. 4611                             3
 
 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.
   § 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4611--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted 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 AND
 CLIENT RELATED SERVICES 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
 CERTIFIED  PHARMACY  TECHNICIAN  SHALL  INCLUDE  PROVIDING  PHARMACY AND
 CLIENT RELATED SERVICES 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 TECHNICIAN HAS  ACCESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03646-05-7

 A. 4611--A                          2
 
 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: 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 TWEN-
 TY-EIGHT OF THE PUBLIC HEALTH LAW, INCLUDING, BUT NOT LIMITED TO, FACIL-
 ITIES AUTHORIZED PURSUANT TO SECTION SIXTY-EIGHT HUNDRED  THIRTY-ONE  OF
 THIS  ARTICLE;  OR  (III) IS ASSISTING IN THE COMPOUNDING OF MEDICATIONS
 UNDER THE SUPERVISION OF A PHARMACIST IN ANY SETTING.
   § 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 A GENERAL
 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.
   (C) AGE: BE AT LEAST SEVENTEEN YEARS OF AGE.
   (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.
   § 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  GENERAL
 EQUIVALENCY DIPLOMA.
   (C)  EXAMINATION: PASS AN EXAMINATION OFFERED BY A NATIONAL CERTIFYING
 BODY THAT  IS  SATISFACTORY  TO  THE  DEPARTMENT,  EXCEPT  AS  OTHERWISE
 PROVIDED BY SECTION SIXTY-EIGHT HUNDRED NINE OF THIS ARTICLE.
   (D) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE.
   (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.
   §  3.  The  education law is amended by adding a new section 6806-a to
 read as follows:
   § 6806-A.  LIMITED  PERMIT;  CERTIFIED  PHARMACY  TECHNICIAN.  1.  THE
 DEPARTMENT  MAY  ISSUE  A  LIMITED  PERMIT FOR EMPLOYMENT AS A CERTIFIED
 PHARMACY TECHNICIAN TO AN  INDIVIDUAL  WHO  HAS  PASSED  AN  EXAMINATION
 OFFERED  BY  A NATIONAL CERTIFYING BODY ACCEPTABLE TO THE DEPARTMENT AND
 WHOSE APPLICATION FOR INITIAL CERTIFICATION IS PENDING WITH THE  DEPART-
 MENT.

 A. 4611--A                          3

   2.  A  LIMITED PERMIT SHALL HAVE AN EXPIRATION DATE OF SIX MONTHS FROM
 THE DATE OF ISSUE. LIMITED PERMITS MAY BE RENEWED ONCE, FOR A PERIOD NOT
 TO EXCEED TWO YEARS, AT THE DISCRETION OF THE DEPARTMENT.
   3.  NOTHING  IN  SUBDIVISION ONE OF THIS SECTION SHALL BE CONSTRUED AS
 REQUIRING STUDENTS ENROLLED IN A FULL-TIME ACCREDITED PROGRAM  OF  STUDY
 IN  PHARMACY  LEADING  TO A DOCTOR OF PHARMACY DEGREE TO BE CERTIFIED OR
 REGISTERED AS PHARMACY TECHNICIANS.
   § 4. 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:
   (A)  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; AND
   (B)  SHOWS  THERE  IS GOOD CAUSE TO WAIVE THE EDUCATIONAL REQUIREMENTS
 AND SUCH DEMONSTRATION OF GOOD CAUSE IS SATISFACTORY TO THE  DEPARTMENT,
 IN CONSULTATION WITH THE BOARD OF PHARMACY.
   2. EXEMPTIONS FOR CERTIFIED PHARMACY TECHNICIANS. 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  AND  EXAMINATION  REQUIREMENTS  IN
 SECTION  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 EMPLOYER,
 PROVIDED, HOWEVER, THAT SUCH PHARMACY TECHNICIAN SHALL NOT BE  PERMITTED
 TO ASSIST IN THE COMPOUNDING OF MEDICATIONS.
   3.  ANY PERSON WHO IS CERTIFIED AS A PHARMACY TECHNICIAN ON THE EFFEC-
 TIVE DATE OF THIS SECTION SHALL BE DEEMED A CERTIFIED  PHARMACY  TECHNI-
 CIAN  FOR THE PURPOSES OF THIS ARTICLE, PROVIDED THAT HE OR SHE FILES AN
 APPLICATION WITH THE DEPARTMENT WITHIN SIX MONTHS OF THE EFFECTIVE  DATE
 OF THIS SECTION.
   §  5.  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.
   §  6. 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 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  immediate-
 ly,  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.