This bill has been amended

Bill S775-2013

Establishes requirements for certification as a pharmacy technician

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.

Details

Actions

  • May 7, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 7, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO HIGHER EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Higher Education - May 7, 2013
Ayes (14): LaValle, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Valesky, Stavisky, Kennedy, Parker, Rivera, Serrano
Ayes W/R (5): Gallivan, Seward, Zeldin, Krueger, Espaillat

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 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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 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;
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 STUDENTS ENROLLED IN ACCREDITED PROGRAMS OR STUDY IN PHAR- MACY 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. 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 ADJUST THE RATIO OF PHARMACY TECHNICIANS TO PHARMACISTS AND CONSIDER THE SCOPE OF AUTHOR- ITY THAT MAY BE EXERCISED BY SUCH 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.

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