Assembly Bill A10571

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10571
 
                           I N  A S S E M B L Y
 
                               June 3, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Bronson) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education law, in  relation  to  permitting  certain
   registered  pharmacy  technicians  assisting in home infusion services
   through a home care agency to assist a licensed pharmacist in  prepar-
   ing prescriptions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 6841  of  the  education  law,  as
 added by chapter 414 of the laws of 2019, is amended to read as follows:
   1.  A  registered  pharmacy  technician may, under the direct personal
 supervision of a licensed pharmacist, assist such  licensed  pharmacist,
 as directed, in compounding, preparing, labeling, or dispensing of drugs
 used to fill valid prescriptions or medication orders [or], AND A REGIS-
 TERED  PHARMACY TECHNICIAN EMPLOYED BY A HOME INFUSION PROVIDER LICENSED
 AS A PHARMACY IN NEW YORK, COMPLIANT WITH THE UNITED STATES PHARMACOPEIA
 GENERAL CHAPTER 797 STANDARDS FOR PHARMACEUTICAL  COMPOUNDING  REGARDING
 STERILE  PREPARATIONS,  AND  PROVIDING  HOME INFUSION SERVICES THROUGH A
 HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC  HEALTH
 LAW,  MAY  ASSIST  A  LICENSED  PHARMACIST  AS  DIRECTED in compounding,
 preparing, and labeling in anticipation of a valid prescription or medi-
 cation order for a patient to be served by the facility,  in  accordance
 with  article  one  hundred  thirty-seven of this title where such tasks
 require no professional judgment. Such professional judgment shall  only
 be  exercised by a licensed pharmacist. A registered pharmacy technician
 may only practice in a facility  licensed  in  accordance  with  article
 twenty-eight  of  the public health law, [or] a pharmacy owned and oper-
 ated by such a facility, OR IN A REGISTERED PHARMACY OPERATED BY A  HOME
 INFUSION PROVIDER, COMPLIANT WITH THE UNITED STATES PHARMACOPEIA GENERAL
 CHAPTER  797  STANDARDS FOR PHARMACEUTICAL COMPOUNDING REGARDING STERILE
 PREPARATIONS, AND PROVIDING HOME INFUSION SERVICES THROUGH A  HOME  CARE
 AGENCY  LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW under
 the direct personal supervision of a licensed pharmacist  employed  [in]
 BY  such  a  facility  or  pharmacy.  Such facility OR PHARMACY shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16537-01-0

 A. 10571                            2

 responsible for ensuring that the  registered  pharmacy  technician  has
 received  appropriate  training  to  ensure  competence before he or she
 begins assisting a licensed pharmacist in compounding, preparing, label-
 ing, or dispensing of drugs, in accordance with this article and article
 one  hundred  thirty-seven of this title. For the purposes of this arti-
 cle, direct personal supervision means supervision of  procedures  based
 on  instructions given directly by a supervising licensed pharmacist who
 remains in the immediate area where the procedures are being  performed,
 authorizes  the procedures and evaluates the procedures performed by the
 registered pharmacy technicians and a  supervising  licensed  pharmacist
 shall  approve  all work performed by the registered pharmacy technician
 prior to the actual dispensing of any drug.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if  chapter  414  of
 the laws of 2019 shall not have taken effect on or before such date then
 section  one  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2019, takes effect.    Effec-
 tive  immediately, the amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.