NY State Senate Bill S5162

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education returned to senate died in assembly
May 30, 2019	referred to higher education delivered to assembly passed senate
May 20, 2019	advanced to third reading
May 15, 2019	2nd report cal.
May 14, 2019	1st report cal.697
Apr 11, 2019	referred to higher education

Votes

view votes

May 30, 2019 - floor Vote

S5162

floor

Aye

Nay

Absent

Excused

Abstained

May 14, 2019 - Higher Education committee Vote

S5162

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5162 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6807, Ed L

S5162 (ACTIVE) - Summary

Establishes the individuals authorized to perform tasks involving the dispensing of drugs.

S5162 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5162

SPONSOR: STAVISKY
 
TITLE OF BILL:  An act to amend the education law, in relation to
establishing the individuals authorized to perform tasks involving the
dispensing of drugs

 
PURPOSE:

To clarify the tasks that can be performed by a licensed pharmacy tech-
nician in a hospital setting.

 
SUMMARY OF PROVISIONS:

Section 6807 of the Education Law is amended to add a new subdivision 4
as follows:

Paragraph 4 (a) reiterates that, in Public Health Law Article 28 facili-
ties, which includes hospitals and nursing homes, only pharmacists and,
under the direct supervision of pharmacists, pharmacy interns, as
defined in Article 137 of the Education Law, may compound, prepare,

label or dispense drugs.

Paragraph 4 (b) requires that an unlicensed employee of an Article 28
facility, and an unlicensed employee of a pharmacy that is owned or
managed by an Article 28 facility, if properly trained, must gain
certification from a national pharmacy technician certification organ-
ization approved by the Commissioner to, under the direct supervision of
a licensed pharmacist, assist in the preparation and dispensing of
drugs, including in the compounding, weighing, mixing, counting, pour-
ing, and measuring of drugs. Proof of certification and training of the
employee shall be maintained by the facility and provided to state agen-
cies upon request. The employee shall not exercise clinical judgment,
including interpreting a prescription or medication order for therapeu-
tic acceptability and appropriate ness. Clinical judgment shall only be
exercised by a licensed pharmacist. Direct supervision shall include
final approval of all work performed by the employee prior to the actual
dispensing of any drug.  Paragraph 4 (c) requires that a person employed
in an Article 28 facility who directly assists licensed pharmacists to
dispense prescriptions in such facility on the effective date of this
section shall be exempt from the certification requirement if he or she
submits evidence to, and verified by, his or her employer, of a minimum
of five (5) years of employment in good standing in a pharmacy within
the previous eight (8) years, including eighteen consecutive months with
a single employer. Such evidence and verification shall be documented
and maintained by the facility and provided to state agencies upon
request. Such individual shall not be permitted to assist in the
compounding of medications.

 
JUSTIFICATION:

46 States recognize the important role played by pharmacy technicians
through laws and regulations, enshrined in the Model Act of the National
Association of Boards of Pharmacy, of which the NYS Board is a member.
These laws require, to varying degrees, licensure, training, certif-
ication, and registration of pharmacy technicians. These laws all allow
pharmacy technicians to compound drugs under the direct supervision of
licensed pharmacists.

New York does not have a law recognizing the role of pharmacy techni-
cians. Until last year, the State Education Department (SED) allowed
pharmacy technicians to assist pharmacists in dispensing and preparing
drugs. Starting in September, however, SED began informing hospitals
that, because there is no law in New York State governing pharmacy tech-
nicians, the hospitals and their pharmacists could be found out of
compliance with State law by allowing technicians, even under the super-
vision of pharmacists, to prepare drugs, including IV solutions. This
interpretation of State law, if allowed to stand, would mean the poten-
tial loss of pharmacy technician jobs and the potential hiring of much
costlier pharmacists.

This legislation would solve this problem by once and for all defining
the tasks that pharmacy technicians may perform within hospitals under
direct supervision of pharmacists. It brings New York into closer align-
ment with national pharmacy practice.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S5162 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5162

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 11, 2019
                               ___________

Introduced  by Sen. STAVISKY -- 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 establishing the indi-
  viduals authorized to perform tasks involving the dispensing of drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  6807 of the education law is amended by adding a
new subdivision 4 to read as follows:
  4. (A) THE COMPOUNDING, PREPARATION, LABELING, OR DISPENSING OF DRUGS,
IN ACCORDANCE WITH THIS ARTICLE, IN FACILITIES  LICENSED  IN  ACCORDANCE
WITH  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, SHALL BE PERFORMED
BY:
  (I) A LICENSED PHARMACIST, AS DEFINED IN THIS ARTICLE; OR
  (II) A PHARMACY INTERN, UNDER THE DIRECT  SUPERVISION  OF  A  LICENSED
PHARMACIST AS DEFINED IN THIS ARTICLE.
  (B) UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST, AN INDIVID-
UAL WHO HAS RECEIVED CERTIFICATION FROM A NATIONALLY ACCREDITED PHARMACY
TECHNICIAN  CERTIFICATION  PROGRAM, IF SUCH PROGRAM HAS BEEN APPROVED BY
THE COMMISSIONER, AND WHO IS EMPLOYED IN A FACILITY LICENSED IN  ACCORD-
ANCE  WITH ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR IS EMPLOYED
IN A PHARMACY OWNED OR MANAGED BY SUCH A FACILITY, MAY ASSIST A LICENSED
PHARMACIST  IN  THE  PREPARATION  AND  DISPENSING  OF  DRUGS   INCLUDING
COMPOUNDING,  WEIGHING,  MIXING,  COUNTING,  POURING  AND MEASURING WHEN
PROPERLY TRAINED. PROOF OF CERTIFICATION AND TRAINING OF SUCH INDIVIDUAL
EMPLOYED BY A FACILITY SHALL BE MAINTAINED BY THE FACILITY AND  PROVIDED
TO STATE AGENCIES UPON REQUEST. SUCH INDIVIDUAL SHALL NOT EXERCISE CLIN-
ICAL JUDGMENT, INCLUDING INTERPRETING A PRESCRIPTION OR MEDICATION ORDER
FOR  THERAPEUTIC  ACCEPTABILITY AND APPROPRIATENESS.   CLINICAL JUDGMENT
SHALL ONLY BE EXERCISED BY A  LICENSED  PHARMACIST.  DIRECT  SUPERVISION
SHALL  INCLUDE  FINAL  APPROVAL OF ALL WORK PERFORMED BY SUCH INDIVIDUAL
PRIOR TO THE ACTUAL DISPENSING OF ANY DRUG.

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

                                                           LBD11187-01-9

S. 5162                             2

  (C) A PERSON EMPLOYED IN A FACILITY LICENSED IN ACCORDANCE WITH  ARTI-
CLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHO DIRECTLY ASSISTS LICENSED
PHARMACISTS TO DISPENSE PRESCRIPTIONS IN SUCH FACILITY ON THE  EFFECTIVE
DATE  OF THIS SECTION SHALL BE EXEMPT FROM THE CERTIFICATION REQUIREMENT
IN  PARAGRAPH  (B) OF THIS SUBDIVISION IF HE OR SHE SUBMITS EVIDENCE TO,
AND 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.
SUCH EVIDENCE AND VERIFICATION SHALL BE DOCUMENTED AND MAINTAINED BY THE
FACILITY  AND  PROVIDED  TO STATE AGENCIES UPON REQUEST. SUCH INDIVIDUAL
SHALL NOT BE PERMITTED TO ASSIST IN THE COMPOUNDING OF MEDICATIONS.
  § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S5162

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Your Voice

Actions

Votes

May 30, 2019 - floor Vote

Floor Vote: May 30, 2019

May 14, 2019 - Higher Education committee Vote

Higher Education Committee Vote: May 14, 2019

Co-Sponsors

S5162 (ACTIVE) - Details

S5162 (ACTIVE) - Summary

S5162 (ACTIVE) - Sponsor Memo

S5162 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5162

Share this bill

Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Your Voice

Actions

Votes

May 30, 2019 - floor Vote

Floor Vote: May 30, 2019

May 14, 2019 - Higher Education committee Vote

Higher Education Committee Vote: May 14, 2019

Co-Sponsors

Rich Funke

Timothy M. Kennedy

S5162 (ACTIVE) - Details

S5162 (ACTIVE) - Summary

S5162 (ACTIVE) - Sponsor Memo

S5162 (ACTIVE) - Bill Text download pdf

Comments