Bill Text: NY A04221 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes requirements for certification as a pharmacy technician; establishes no person shall act as a pharmacy technician unless registered by the state board of pharmacy.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to higher education [A04221 Detail]

Download: New_York-2013-A04221-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4221
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
         BUTLER -- read once and referred to the Committee on Higher Education
       AN ACT to amend the education law, in relation to the  registration  and
         certification of pharmacy technicians; and providing for the repeal of
         certain provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 6805-a
    2  to read as follows:
    3    S 6805-A.  REQUIREMENTS FOR REGISTRATION AND CERTIFICATION AS A  PHAR-
    4  MACY  TECHNICIAN.  1.  ANY  PERSON  SEEKING TO BE EMPLOYED AS A PHARMACY
    5  TECHNICIAN SHALL FULFILL THE  FOLLOWING  REQUIREMENTS  IN  ORDER  TO  BE
    6  REGISTERED AS A PHARMACY TECHNICIAN:
    7    A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
    8    B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
    9  ATION OR A GENERAL EQUIVALENCY DIPLOMA (GED);
   10    C. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   11    D.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   12  MENT, WHICH SHALL INCLUDE A CRIMINAL  BACKGROUND  CHECK  THAT  INDICATES
   13  THAT THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
   14    E.  FEE: PAY A REGISTRATION FEE ESTABLISHED IN REGULATION BY THE BOARD
   15  OF REGENTS. SUCH FEES SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT
   16  THE REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
   17    2. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL ACT
   18  AS A PHARMACY TECHNICIAN UNLESS REGISTERED BY THE BOARD.
   19    3. BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, TO QUALIFY TO BE A  PHAR-
   20  MACY  TECHNICIAN,  AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS
   21  IN ORDER TO BE CERTIFIED AS A PHARMACY TECHNICIAN:
   22    A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   23    B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING: (I)  HIGH  SCHOOL
   24  GRADUATION  OR  A GENERAL EQUIVALENCY DIPLOMA (GED); AND (II) SUCCESSFUL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01451-01-3
       A. 4221                             2
    1  COMPLETION OF AN EDUCATION OR TRAINING PROGRAM, AS MAY  BE  APPROVED  BY
    2  THE DEPARTMENT;
    3    C.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
    4  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
    5    D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
    6  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
    7    E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
    8    F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
    9  MENT WHICH SHALL INCLUDE A CRIMINAL BACKGROUND CHECK THAT INDICATES THAT
   10  THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
   11    G. FEE: PAY A TRIENNIAL FEE ESTABLISHED IN REGULATION BY THE BOARD  OF
   12  REGENTS. SUCH FEE SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT THE
   13  REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
   14    4.  ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO PERSON SHALL
   15  ACT AS A PHARMACY TECHNICIAN UNLESS CERTIFIED  BY  THE  BOARD  PROVIDED,
   16  HOWEVER, THAT STUDENTS ENROLLED IN ACCREDITED PROGRAMS OR STUDY IN PHAR-
   17  MACY  SHALL  NOT  BE  REQUIRED TO REGISTER OR BE CERTIFIED AS A PHARMACY
   18  TECHNICIAN IN ORDER TO COMPLETE PRACTICE REQUIREMENTS.    SUCH  STUDENTS
   19  SHALL  BE  DIRECTLY SUPERVISED AT ALL TIMES, SHALL BE ALLOWED TO PERFORM
   20  ONLY NON-JUDGMENTAL TASKS AND SHALL BE LIMITED TO PERFORMING THESE TASKS
   21  FOR A PERIOD OF TIME, AS MAY BE DEFINED BY THE DEPARTMENT. IN  ADDITION,
   22  INDIVIDUALS  ENROLLED  IN  PHARMACY  TECHNICIAN  EDUCATION  OR  TRAINING
   23  PROGRAMS, AS MAY BE APPROVED  BY  THE  DEPARTMENT,  SHALL  ALSO  NOT  BE
   24  REQUIRED TO REGISTER OR BE CERTIFIED AS A PHARMACY TECHNICIAN, PROVIDED,
   25  HOWEVER, THAT SUCH INDIVIDUALS SHALL BE SUBJECT TO A CRIMINAL BACKGROUND
   26  CHECK  THAT  INDICATES  THAT THE APPLICANT HAS NO FELONY OR DRUG RELATED
   27  CONVICTIONS AND PROVIDED FURTHER THAT SUCH EXEMPTION  FROM  REGISTRATION
   28  OR CERTIFICATION SHALL BE FOR ONLY TWO YEARS.
   29    5. FOR THE PURPOSES OF THIS SECTION:
   30    A. "BOARD" SHALL MEAN THE STATE BOARD OF PHARMACY;
   31    B.  "PHARMACY  TECHNICIAN"  SHALL MEAN AN INDIVIDUAL DELEGATED DUTIES,
   32  TASKS OR FUNCTIONS BY A LICENSED PHARMACIST TO  FULFILL  THEIR  DUTY  OF
   33  PROVIDING  HEALTH CARE PRODUCTS TO PATIENTS. CONSISTENT WITH REGULATIONS
   34  OF THE COMMISSIONER OF EDUCATION AND RULES  OF  THE  BOARD  OF  REGENTS,
   35  PHARMACY  TECHNICIANS  SHALL  BE  SUBJECT TO THE SUPERVISION OF LICENSED
   36  PHARMACISTS AND SHALL HAVE NO INDEPENDENT AUTHORITY AND,  IN  ACCORDANCE
   37  WITH  THE  REGULATIONS OF THE DEPARTMENT. UPON THE IMPLEMENTATION OF THE
   38  CERTIFICATION REQUIREMENTS SET FORTH UNDER  SUBDIVISION  THREE  OF  THIS
   39  SECTION,  THE DEPARTMENT AND THE BOARD OF REGENTS SHALL ADJUST THE RATIO
   40  OF PHARMACY TECHNICIANS TO PHARMACISTS AND CONSIDER THE SCOPE OF AUTHOR-
   41  ITY THAT MAY BE EXERCISED BY SUCH CERTIFIED PHARMACY TECHNICIANS;
   42    C. "CERTIFIED PHARMACY TECHNICIAN" SHALL MEAN AN  INDIVIDUAL  WHO  HAS
   43  SUCCESSFULLY  FULFILLED  THE  REQUIREMENTS TO OBTAIN PHARMACY TECHNICIAN
   44  CERTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   45    S 2. This act shall take effect one year after the date  on  which  it
   46  shall have become a law; provided, however, that subdivisions 1 and 2 of
   47  section  6805-a  of  the  education law, as added by section one of this
   48  act, shall expire and be deemed repealed January  1,  2017.    Effective
   49  immediately,  the addition, amendment and/or repeal of any rule or regu-
   50  lation necessary for the implementation of the provisions of this act on
   51  its effective date is authorized to be made on or before such  effective
   52  date.