S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9251
 
                           I N  A S S E M B L Y
 
                             February 22, 2024
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation  to  registered  pharmacy
   technicians
 
   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  ADMINISTER  THE  SAME  IMMUNIZATIONS  AS  LICENSED  PHARMACISTS ARE
 AUTHORIZED TO ADMINISTER UNDER THE  DIRECT  SUPERVISION  OF  A  LICENSED
 PHARMACIST  CONSISTENT WITH THE TRAINING AND OTHER REQUIREMENTS IN ARTI-
 CLE ONE HUNDRED THIRTY-SEVEN OF THIS TITLE. A registered pharmacy  tech-
 nician  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  regis-
 tered  pharmacy  technician  has received appropriate training to ensure
 competence before he or she begins assisting a  licensed  pharmacist  in
 compounding,   preparing,   labeling,   ADMINISTERING  IMMUNIZATIONS  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 procedures  based  on
 instructions  given  directly  by  a supervising licensed pharmacist who
 [remains in the immediate area where the procedures are being performed]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD14522-01-4
 A. 9251                             2
 
 IS IMMEDIATELY AVAILABLE, authorizes the procedures  and  evaluates  the
 procedures performed by the registered pharmacy technicians and a super-
 vising  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.