S7367-2011 Actions

• Jun 1, 2012: PRINT NUMBER 7367A
• Jun 1, 2012: AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
• May 2, 2012: REFERRED TO HIGHER EDUCATION

S7367-2011 Memo

BILL NUMBER:S7367

TITLE OF BILL:
An act
to amend the education law, in relation to the certification
of pharmacy technicians

PURPOSE:
Establishes requirements for certification as a pharmacy
technician

SUMMARY OF PROVISIONS:
This bill would add new section 6805-a to the
education law to read;
requirements for certification as a pharmacy technician.

1. To qualify to be a pharmacy technician, an applicant shall fulfill
the following requirements:

(a) Application: file an application with the department; (b)
Education: have received an education, including:
(i) high school graduation or a general equivalency diploma (GED); and
(ii) successful completion of a board certification program; (c)
Experience: have experience satisfactory to the board and in
accordance with the commissioner's regulations; (d) Examination: pass
an examination satisfactory to the board and in accordance with the
commissioners regulations; (e) Age: be at least eighteen years of
age; and (f) Character: be of good moral character as determined by
the department including having no felony or drug related convictions.

2. No person shall act as a pharmacy technician unless registered by
the board.

3. For purposes of this section: a. "Board" shall mean the state board
of pharmacy; b. "Pharmacy technician" shall mean an individual
delegated duties, tasks or functions by a licensed pharmacist to
fulfill their duty of providing health care products to patients; and
c. "Certified pharmacy technician" shall mean an individual who has
successfully fulfilled the requirements to obtain pharmacy technician
certification pursuant to subdivision one of this section.

JUSTIFICATION:
This legislation acts to ensure that all persons
filling the important position of a Pharmacy Technician are qualified
and certified to do so. Pharmacy technicians who work in retail or
mail-order pharmacies have varying responsibilities. Technicians
receive written prescriptions or requests for prescription refills
from patients. They also may receive prescriptions sent
electronically from the doctor's office. They must verify that the
information on the prescription is complete and accurate. To prepare
the prescription, technicians must retrieve, count, pour, weigh,
measure, and sometimes mix the medication. Then, they prepare the
prescription labels, select the type of prescription container, and
affix the prescription and auxiliary labels to the container. Once
the prescription is filled, technicians price and file the
prescription, which must be checked by a pharmacist before it is


given to the patient. Technicians may establish and maintain patient
profiles, prepare insurance claim forms, and stock and take inventory
of prescription and over-the-counter medications.

In hospitals, nursing homes, and assisted-living facilities,
technicians have added responsibilities, including reading patients'
charts and preparing and delivering the medicine to patients. Still,
the pharmacist must check the order before it is delivered to the
patient. The technician then copies the information about the
prescribed medication onto the patient's profile. Technicians also
may assemble a 24-hour supply of medicine for every
patient. They package and label each dose separately. The packages are
then placed in the medicine cabinets of patients until the
supervising pharmacist checks them for accuracy. The packages are
then given to the patients.

Currently in New York State there is no certification requirement or
required course of training for these positions that play a critical
role in the day to day operations of pharmacies. An untrained
technician may inadvertently and unknowingly commit a mistake that
could result in serious harm or even the death of the consumer
receiving the faulty medication. This is an important step to ensure
consumers receive the highest quality of care from their local
pharmacies.

LEGISLATIVE HISTORY:
2009-10: A.5379 Referred to Higher Education
2007-08: A.10I77

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law; provided that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of the provisions of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.

S7367-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7367
 I N  SENATE
 May 2, 2012
 
 Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education
 AN  ACT  to amend the education law, in relation to the certification of
 pharmacy technicians
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The education law is amended by adding a new section 6805-a
 to read as follows:

 

S  6805-A. REQUIREMENTS FOR CERTIFICATION AS A PHARMACY TECHNICIAN. 1.
 TO QUALIFY TO BE A PHARMACY TECHNICIAN, AN APPLICANT SHALL  FULFILL  THE
 FOLLOWING REQUIREMENTS:

 A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
 B.  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING: (I) HIGH SCHOOL
 GRADUATION OR A GENERAL EQUIVALENCY DIPLOMA (GED); AND  (II)  SUCCESSFUL
 COMPLETION OF A BOARD CERTIFICATION PROGRAM;
 C.  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE  BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
 D. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD  AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
 E. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE; AND
 F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART
 MENT INCLUDING HAVING NO FELONY OR DRUG RELATED CONVICTIONS.
 2. NO PERSON SHALL ACT AS A PHARMACY TECHNICIAN UNLESS  REGISTERED  BY
 THE BOARD.
 3. FOR THE PURPOSES OF THIS SECTION:

 A. "BOARD" SHALL MEAN THE STATE BOARD OF PHARMACY;
 B.  "PHARMACY  TECHNICIAN"  SHALL MEAN AN INDIVIDUAL DELEGATED DUTIES,
 TASKS OR FUNCTIONS BY A LICENSED PHARMACIST TO  FULFILL  THEIR  DUTY  OF
 PROVIDING HEALTH CARE PRODUCTS TO PATIENTS; AND
 C.  "CERTIFIED  PHARMACY  TECHNICIAN" SHALL MEAN AN INDIVIDUAL WHO HAS
 SUCCESSFULLY FULFILLED THE REQUIREMENTS TO  OBTAIN  PHARMACY  TECHNICIAN
 CERTIFICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
 

S  2. This act shall take effect on the first of January next succeed
 ing the date on which it shall have become  a  law;  provided,  however,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08820-01-1
 
       S. 7367                             2
 that effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of the provisions of
 this act on its effective date is authorized and directed to be made and
 completed on or before such effective date.

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