Bill Text: NY A08115 | 2023-2024 | General Assembly | Amended

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

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Bill Title: Allows pharmacy technicians to practice in any pharmacy under the supervision of a pharmacist.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2024-05-16 - print number 8115b [A08115 Detail]

Download: New_York-2023-A08115-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8115--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M.  of A. SOLAGES, McDONALD -- read once and referred to
          the Committee on Higher Education -- recommitted to the  Committee  on
          Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the education law,  in  relation  to  allowing  pharmacy
          technicians  to  practice  in  any pharmacy under the supervision of a
          pharmacist

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section 6841 of the education law, as
     2  added by chapter 414 of the laws of 2019, is amended to read as follows:
     3    1. A registered pharmacy technician may,  under  the  direct  personal
     4  supervision  of  a licensed pharmacist, assist such licensed pharmacist,
     5  as directed, in compounding, preparing, labeling, or dispensing of drugs
     6  used to fill valid prescriptions or medication orders or in compounding,
     7  preparing, and labeling in anticipation of a valid prescription or medi-
     8  cation order for a patient to be served by the facility,  in  accordance
     9  with  article  one  hundred  thirty-seven of this title where such tasks
    10  require no professional judgment. Such professional judgment shall  only
    11  be  exercised by a licensed pharmacist. A registered pharmacy technician
    12  may only practice [in a facility licensed  in  accordance  with  article
    13  twenty-eight  of the public health law, or a pharmacy owned and operated
    14  by such a facility,] under the direct personal supervision of a licensed
    15  pharmacist employed in such a [facility or]  pharmacy.  Such  [facility]
    16  pharmacy  shall be responsible for ensuring that the registered pharmacy
    17  technician has received appropriate training to ensure competence before
    18  he or she begins assisting a licensed pharmacist in compounding, prepar-
    19  ing, labeling, or dispensing of drugs, in accordance with  this  article
    20  and  article one hundred thirty-seven of this title. For the purposes of
    21  this article, direct personal supervision means  supervision  of  proce-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02687-02-4
        A. 8115--A                          2

     1  dures  based  on  instructions  given directly by a supervising licensed
     2  pharmacist who remains in the [immediate] area where the procedures  are
     3  being  performed, authorizes the procedures and evaluates the procedures
     4  performed  by  the  registered  pharmacy  technicians  and a supervising
     5  licensed pharmacist shall approve all work performed by  the  registered
     6  pharmacy technician prior to the actual dispensing of any drug.
     7    § 2. This act shall take effect immediately.