Bill S775A-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 28, 2013: PRINT NUMBER 775A
  • May 28, 2013: AMEND AND RECOMMIT TO FINANCE
  • May 7, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S775A

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. However a registered pharmacy technician who submits evidence of a minimum of five years experience with in the last eight years may act as a pharmacy technician if such person meets all requirement for certification, except for examination and completion of an education or training program.

5. Requires a certified pharmacy technician to complete thirty hours of continuing education every three years.

6. 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: Passed the Senate (S.. 5034/A. 1017)

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--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, GRISANTI -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion -- reported favorably from said committee and committed to the Committee on Finance -- 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; 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 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.

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