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This entry was published on 2021-04-30
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SECTION 6832
Limitations on assistance of an unlicensed person
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 6832. Limitations on assistance of an unlicensed person. 1. Subject
to the limitations set forth in subdivision two of this section, an
unlicensed person may assist a licensed pharmacist in the dispensing of
drugs by:

(a) receiving written or electronically transmitted prescriptions,
except that in the case of electronically transmitted prescriptions the
licensed pharmacist or pharmacy intern shall review the prescription to
determine whether in his or her professional judgment it shall be
accepted by the pharmacy, and if accepted, the licensed pharmacist or
pharmacy intern shall enter his or her initials into the records of the
pharmacy;

(b) typing prescription labels;

(c) keying prescription data for entry into a computer-generated file
or retrieving prescription data from the file, provided that such
computer-generated file shall provide for verification of all
information needed to fill the prescription by a licensed pharmacist
prior to the dispensing of the prescription, meaning that the licensed
pharmacist shall review and approve such information and enter his or
her initials or other personal identifier into the recordkeeping system
prior to the dispensing of the prescription or of the prescription
refill;

(d) getting drugs from stock and returning them to stock;

(e) getting prescription files and other manual records from storage
and locating prescriptions;

(f) counting dosage units of drugs;

(g) placing dosage units of drugs in appropriate containers;

(h) affixing the prescription label to the containers;

(i) preparing manual records of dispensing for the signature or
initials of the licensed pharmacist;

(j) handing or delivering completed prescriptions to the patient or
the person authorized to act on behalf of the patient and, in accordance
with the relevant commissioner's regulations, advising the patient or
person authorized to act on behalf of the patient of the availability of
counseling to be conducted by the licensed pharmacist or pharmacy
intern; and

(k) performing other functions as defined by the commissioner's
regulations.

2. Except for a licensed pharmacist employed by a facility licensed in
accordance with article twenty-eight of the public health law or a
pharmacy owned and operated by such a facility, as defined in article
one hundred thirty-seven-A of this title, no licensed pharmacist shall
obtain the assistance of more than four unlicensed persons, in the
performance of the activities that do not require licensure, the total
of such persons shall not exceed four individuals at any one time.
Pharmacy interns shall be exempt from such ratios, but shall be
supervised in accordance with the commissioner's regulations.
Individuals who are responsible for the act of placing drugs which are
in unit-dose packaging into medication carts as part of an approved
unit-dose drug distribution system for patients in institutional
settings shall be exempt from such ratio, provided that such individuals
are not also engaged in performing the activities set forth in paragraph
(b), (c), (d), (e), (f), (g), (h) or (i) of subdivision one of this
section. The licensed pharmacist shall provide the degree of supervision
of such persons as may be appropriate to ensure compliance with the
relevant provisions of regulations of the commissioner.