Bill S775-2011

Directs the office of children and family services to consult with localities and other state agencies prior to closure of any facility

Directs the office of children and family services to consult with localities and other state agencies prior to closure of any facility; requires a report for an adaptive reuse plan for the facility slated to close.

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  • Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
  • Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S775

TITLE OF BILL: 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

PURPOSE: Establishes requirements for registration and certification of 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 for registration as 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: high school graduation or a general equivalency diploma (GED);(c) Age: be at least eighteen years of age; and (d) Character: be of good moral character as determined by the department including having no felony or drug related convictions; (e) Fee: pay a registration fee established in regulation by the board.

2. No person shall act as a pharmacy technician on or after the effective date of this act unless registered by the board.

3. To qualify for certification as 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; (g) Fee: Pay an initial fee established by the board of regents and a triennial renewal fee.

4. No person shall act as a pharmacy technician on or after January 1, 2017 unless they have been certified by the board.

5. 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 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 or registration 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 legislation provides a two step process to ensure that all pharmacy technicians important step to ensure consumers receive the highest quality of care from their local pharmacies.

LEGISLATIVE HISTORY: 2012: Higher Education Committee (S.7367A/A.4605A) 2008: S.5034/A.10177 Passed the Senate

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: 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 regulation 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 775 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. YOUNG, BONACIC, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law, in relation to reduction in the staff of the office of children and family services and the closure of facilities of such office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (c) and (d) of subdivision 15 of section 501 of the executive law, as amended by section 1 of part H of chapter 58 of the laws of 2006, are amended and a new paragraph (e) is added to read as follows: (c) CONSULT WITH AND provide for a mechanism which may reasonably be expected to provide notice to local governments, community organiza- tions, employee labor organizations, managerial and confidential employ- ees, consumer and advocacy groups of the potential for significant service reductions, public employee staffing reductions and/or the transfer of operations to a private or not-for-profit entity at such state-operated facilities, at least twelve months prior to commencing such service reduction; [and] (d) consult with the office of general services and any other appro- priate state agency in developing a mechanism for determining alterna- tive uses for land and buildings to be vacated by the office of children and family services. Such a mechanism should include a review of other programs or state agencies that could feasibly expand their operations onto a state-operated campus and are compatible with health, safety and programmatic needs of persons served in such facilities[.]; AND (E) AT THE TIME THE NOTICE OF CLOSURE OF A FACILITY IS PROVIDED IN ACCORDANCE WITH PARAGRAPH (C) OF THIS SUBDIVISION, THE COMMISSIONER SHALL, IN CONSULTATION WITH THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND
THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN OR VILLAGE IN WHICH THE FACILITY SLATED FOR CLOSURE IS LOCATED, PROVIDE A REPORT FOR AN ADAPTIVE REUSE PLAN FOR SUCH FACILITY WHICH WILL EVALUATE THE COMMUNITY IMPACT OF THE PROPOSED CLOSURE INCLUD- ING BUT NOT LIMITED TO THE FOLLOWING FACTORS: THE POTENTIAL TO UTILIZE THE PROPERTY FOR ANOTHER STATE GOVERNMENT PURPOSE, INCLUDING FOR A NEW PURPOSE AS PART OF THE STATE CHILD WELFARE SYSTEM; POTENTIAL FOR THE SALE OR TRANSFER OF THE PROPERTY TO A LOCAL GOVERNMENT OR OTHER GOVERN- MENTAL ENTITY; POTENTIAL FOR THE SALE OF THE PROPERTY TO A PRIVATE ENTITY FOR DEVELOPMENT INTO A BUSINESS, RESIDENTIAL OR OTHER PURPOSE; COMMUNITY INPUT FOR LOCAL DEVELOPMENT; AND THE CONDITION OF THE FACILITY AND THE INVESTMENTS REQUIRED TO KEEP THE STRUCTURE IN GOOD REPAIR, OR TO MAKE IT VIABLE FOR REUSE. S 2. This act shall take effect immediately.

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