S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5152--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SOLAGES,  BRONSON, COLTON, ANGELINO, SIMONE,
   LEVENBERG, SHRESTHA, STIRPE, P. CARROLL, McMAHON, KAY, LUPARDO, CHLUD-
   ZINSKI, LUNSFORD, BOLOGNA, McDONALD, REYES -- read once  and  referred
   to  the  Committee  on  Higher Education -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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]  PHARMACY,  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 AS DETERMINED BY THE  DEPART-
 MENT.  TRAINING SHALL INCLUDE CERTIFICATION IN CARDIO PULMONARY RESUSCI-
 TATION OR BASIC LIFE SUPPORT. A  REGISTERED  PHARMACY  TECHNICIAN  SHALL
 OBTAIN AN IMMUNIZATION CERTIFICATE FROM THE DEPARTMENT AFTER DEMONSTRAT-
 ING  THAT  THEY  HAVE  MET  ALL  REQUIREMENTS AND PRIOR TO ADMINISTERING
 IMMUNIZATIONS. A registered pharmacy technician may only practice [in  a
 facility  licensed in accordance with article twenty-eight of the public
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09213-02-5
              
             
                          
                 A. 5152--A                          2
 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 respon-
 sible  for ensuring that the registered pharmacy technician has received
 appropriate training to ensure competence before [he or she] THE  REGIS-
 TERED  PHARMACY  TECHNICIAN  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
 OR IS IMMEDIATELY AVAILABLE AT THE SAME LOCATION WHERE  AN  IMMUNIZATION
 IS  BEING  ADMINISTERED,  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.