S T A T E O F N E W Y O R K
________________________________________________________________________
10350
I N A S S E M B L Y
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to allowing pharmacy
technicians to practice in any pharmacy under the supervision of a
pharmacist
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 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 operated
by such a facility,] under the direct personal supervision of a licensed
pharmacist employed in such a [facility or] pharmacy. Such [facility]
PHARMACY shall be 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, prepar-
ing, labeling, or dispensing of drugs, in accordance with this article
and article one hundred thirty-seven of this title. For the purposes of
this article, direct personal supervision means supervision of proce-
dures 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 immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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