S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5584
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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
 SUBARTICLE THREE OF ARTICLE ONE HUNDRED THIRTY OF THIS TITLE.  REGISTRA-
 TION  AS  A  PHARMACY TECHNICIAN SHALL BE REQUIRED IF THE TECHNICIAN HAS
 ACCESS TO PRESCRIPTION DRUGS AND EITHER DIRECTLY ASSISTS LICENSED  PHAR-
 MACISTS  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
 SUBARTICLE THREE OF ARTICLE ONE HUNDRED THIRTY OF  THIS  TITLE.  CERTIF-
 ICATION AS A PHARMACY TECHNICIAN SHALL BE REQUIRED IF THE TECHNICIAN HAS
 ACCESS TO PRESCRIPTION DRUGS, AND EITHER DIRECTLY ASSISTS LICENSED PHAR-
 MACISTS  TO  DISPENSE  PRESCRIPTIONS  OR  MEDICATION  ORDERS  OR HAS THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10768-05-7

 S. 5584                             2
 
 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 ARTI-
 CLE  TWENTY-EIGHT  OF  THE PUBLIC HEALTH LAW, INCLUDING, BUT NOT LIMITED
 TO, FACILITIES AUTHORIZED PURSUANT TO SECTION SIXTY-EIGHT HUNDRED  THIR-
 TY-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.

 S. 5584                             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.

                            
 
                     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
                                ___________
 
 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.