S T A T E   O F   N E W   Y O R K
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                                 4221--A

                       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
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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:

  Section 1. The education law is amended by adding a new section 6805-a
to read as follows:
  S 6805-A.  REQUIREMENTS FOR REGISTRATION AND CERTIFICATION AS A  PHAR-
MACY  TECHNICIAN.  1.  ANY  PERSON  SEEKING TO BE EMPLOYED AS A PHARMACY
TECHNICIAN SHALL FULFILL THE  FOLLOWING  REQUIREMENTS  IN  ORDER  TO  BE
REGISTERED AS A PHARMACY TECHNICIAN:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING HIGH SCHOOL GRADU-
ATION OR A GENERAL EQUIVALENCY DIPLOMA (GED);
  C. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  D.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT, WHICH SHALL INCLUDE A CRIMINAL  BACKGROUND  CHECK  THAT  INDICATES
THAT THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
  E.  FEE: PAY A REGISTRATION FEE ESTABLISHED IN REGULATION BY THE BOARD
OF REGENTS. SUCH FEES SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT
THE REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
  2. ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL ACT
AS A PHARMACY TECHNICIAN UNLESS REGISTERED BY THE BOARD.
  3. BY JANUARY FIRST, TWO THOUSAND SEVENTEEN, TO QUALIFY TO BE A  PHAR-
MACY  TECHNICIAN,  AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS
IN ORDER TO BE CERTIFIED AS A PHARMACY TECHNICIAN:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01451-03-3
              

A. 4221--A                          2

  B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING: (I)  HIGH  SCHOOL
GRADUATION  OR  A GENERAL EQUIVALENCY DIPLOMA (GED); AND (II) SUCCESSFUL
COMPLETION OF AN EDUCATION OR TRAINING PROGRAM, AS MAY  BE  APPROVED  BY
THE DEPARTMENT;
  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;
  F.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT WHICH SHALL INCLUDE A CRIMINAL BACKGROUND CHECK THAT INDICATES THAT
THE APPLICANT HAS NO FELONY OR DRUG RELATED CONVICTIONS; AND
  G. FEE: PAY A TRIENNIAL FEE ESTABLISHED IN REGULATION BY THE BOARD  OF
REGENTS. SUCH FEE SHALL BE MAINTAINED IN A DEDICATED FUND TO SUPPORT THE
REGULATION OF THE PROFESSIONS BY THE DEPARTMENT.
  4.  ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO PERSON SHALL
ACT AS A PHARMACY TECHNICIAN UNLESS CERTIFIED  BY  THE  BOARD  PROVIDED,
HOWEVER, THAT A REGISTERED PHARMACY TECHNICIAN WHO SUBMITS EVIDENCE OF A
MINIMUM  OF  FIVE  YEARS  OF EMPLOYMENT WITHIN THE LAST EIGHT YEARS AS A
PHARMACY TECHNICIAN AT A PHARMACY MAY ACT AS A  PHARMACY  TECHNICIAN  IF
SUCH PERSON MEETS THE REQUIREMENTS FOR CERTIFICATION ESTABLISHED IN THIS
SECTION,  EXCEPT  FOR  EXAMINATION AND THE COMPLETION OF AN EDUCATION OR
TRAINING PROGRAM, AND PROVIDED FURTHER THAT STUDENTS ENROLLED IN ACCRED-
ITED PROGRAMS OR STUDY IN PHARMACY SHALL NOT BE REQUIRED TO REGISTER  OR
BE  CERTIFIED  AS  A  PHARMACY  TECHNICIAN IN ORDER TO COMPLETE PRACTICE
REQUIREMENTS.  SUCH STUDENTS SHALL BE DIRECTLY SUPERVISED AT ALL  TIMES,
SHALL  BE  ALLOWED  TO  PERFORM  ONLY  NON-JUDGMENTAL TASKS AND SHALL BE
LIMITED TO PERFORMING THESE TASKS FOR  A  PERIOD  OF  TIME,  AS  MAY  BE
DEFINED BY THE DEPARTMENT. IN ADDITION, INDIVIDUALS ENROLLED IN PHARMACY
TECHNICIAN  EDUCATION  OR  TRAINING  PROGRAMS, AS MAY BE APPROVED BY THE
DEPARTMENT, SHALL ALSO NOT BE REQUIRED TO REGISTER OR BE CERTIFIED AS  A
PHARMACY  TECHNICIAN,  PROVIDED, HOWEVER, THAT SUCH INDIVIDUALS SHALL BE
SUBJECT TO A CRIMINAL BACKGROUND CHECK THAT INDICATES THAT THE APPLICANT
HAS NO FELONY OR DRUG RELATED CONVICTIONS AND PROVIDED FURTHER THAT SUCH
EXEMPTION FROM REGISTRATION OR  CERTIFICATION  SHALL  BE  FOR  ONLY  TWO
YEARS.
  5.  A PERSON WHO QUALIFIES TO FUNCTION AS A CERTIFIED PHARMACY TECHNI-
CIAN MUST, DURING EVERY TRIENNIAL REGISTRATION PERIOD,  COMPLETE  THIRTY
HOURS  OF  CONTINUING EDUCATION TO REMAIN QUALIFIED TO ACT AS A PHARMACY
TECHNICIAN. THE PHARMACY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO  ACT
AS A PHARMACY TECHNICIAN SHALL VERIFY THAT THE PERSON MEETS THE CONTINU-
ING EDUCATION REQUIREMENTS OF THIS SUBDIVISION.
  6. 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. CONSISTENT WITH REGULATIONS
OF THE COMMISSIONER OF EDUCATION AND RULES  OF  THE  BOARD  OF  REGENTS,
PHARMACY  TECHNICIANS  SHALL  BE  SUBJECT TO THE SUPERVISION OF LICENSED
PHARMACISTS AND SHALL HAVE NO INDEPENDENT AUTHORITY AND,  IN  ACCORDANCE
WITH  THE  REGULATIONS OF THE DEPARTMENT. UPON THE IMPLEMENTATION OF THE
CERTIFICATION REQUIREMENTS SET FORTH UNDER  SUBDIVISION  THREE  OF  THIS
SECTION,  THE  DEPARTMENT  AND  THE  BOARD  OF REGENTS SHALL CONSIDER AN
ADJUSTMENT TO THE RATIO  OF  PHARMACY  TECHNICIANS  TO  PHARMACISTS  AND
CONSIDER THE DELEGATED DUTIES, TASKS AND FUNCTIONS THAT MAY BE EXERCISED
BY SUCH CERTIFIED PHARMACY TECHNICIANS PROVIDED, HOWEVER, PHARMACIES MAY

A. 4221--A                          3

ONLY  BE ELIGIBLE FOR AN ADJUSTMENT OF THE RATIO OF PHARMACY TECHNICIANS
TO PHARMACISTS AND CONSIDERATION OF  THE  DELEGATED  DUTIES,  TASKS  AND
FUNCTIONS  THAT  MAY  BE EXERCISED BY PHARMACY TECHNICIANS IN ACCORDANCE
WITH  REGULATIONS BY THE DEPARTMENT AND BOARD OF REGENTS IF ALL PHARMACY
TECHNICIANS EMPLOYED BY THE REGISTERED PHARMACY ARE  CERTIFIED  PHARMACY
TECHNICIANS;
  C.  "CERTIFIED  PHARMACY  TECHNICIAN" SHALL MEAN AN INDIVIDUAL WHO HAS
SUCCESSFULLY FULFILLED THE REQUIREMENTS TO  OBTAIN  PHARMACY  TECHNICIAN
CERTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S  2.  This  act shall take effect one year after the date on which it
shall have become a law; provided, however, that subdivisions 1 and 2 of
section 6805-a of the education law, as added by  section  one  of  this
act,  shall  expire  and  be deemed repealed January 1, 2017.  Effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation necessary for the implementation of the provisions of this act on
its  effective date is authorized to be made on or before such effective
date.