S T A T E O F N E W Y O R K
________________________________________________________________________
2476
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. BRONSON, FAHY, SIMON, STECK, STIRPE -- 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 to assist a licensed pharmacist in
preparing prescriptions in certain facilities
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 OR ARTICLE THIRTY-SIX of the public health law, or a phar-
macy owned and operated by such a facility, under the direct personal
supervision of a licensed pharmacist employed [in] BY such a facility or
pharmacy. Such facility OR PHARMACY shall be responsible for ensuring
that the registered pharmacy technician has received appropriate train-
ing to ensure competence before he or she begins assisting a licensed
pharmacist in compounding, preparing, 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 super-
vision means supervision of procedures based on instructions given
directly by a supervising licensed pharmacist who remains in the immedi-
ate area where the procedures are being performed, authorizes the proce-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00444-01-3
A. 2476 2
dures 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. Effective 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.