Permits certain registered pharmacy technicians to assist a licensed pharmacist in preparing prescriptions in facilities licensed pursuant to articles twenty-eight or thirty-one of the public health law, or a pharmacy owned and operated by such facility, under the direct supervision of a licensed pharmacist employed by such facility.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2476
SPONSOR: Bronson TITLE OF BILL:
An act to amend the education law, in relation to permitting certain
registered pharmacy technicians to assist a licensed pharmacist in
preparing prescriptions in certain facilities
PURPOSE:
To make technical corrections to allow non-article 28 pharmacies accred-
ited to practice compounding sterile product activities.
SUMMARY OF PROVISIONS:
Section 1 amends Chapter 414 of the law of 2019 by adding a registered
pharmacy technician employed by a home infusion provider licensed as a
pharmacy in New York and providing home infusion services through a home
care agency licensed under article thirty-six of the public health law,
may assist a licensed pharmacist as directed in compounding.
Section 2 is the effective date.
JUSTIFICATION:
Home infusion pharmacies are not considered Article 28 facilities;
however, they operate cleanrooms and engage in compounding activities in
a manner like hospitals. Home infusion providers are inspected and
accredited for these activities in accordance with the standards estab-
lished by the United States Phatmacopeia (USP) by agencies who also
accredit hospital programs such as the Joint Commission on Accreditation
of Healthcare Organizations (JCAHO) and the Accreditation Commission for
Healthcare (ACHC).
The preparation of compounded sterile products (CSPs) in compliance with
federal, state, and industry standards is a core function of home and
specialty infusion pharmacies, which are licensed as retail pharmacies.
Chapter 414 of 2019 establish a licensure and registration process for
pharmacy technicians and describes compounding as a task that registered
pharmacy technicians may perform in New York. Unfortunately, the new law
only provides exemptions for hospitals and health-care system-owned
pharmacies and does not offer relief for home infusion providers. Phar-
macies that perform the exact same CSP functions, are USP 797/800 certi-
fied and accredited by an approved entity will be included in this
legislation.
LEGISLATIVE HISTORY:
A1090B of 2022: referred to higher education
A10571 of 2020: referred to higher education
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
2476
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. BRONSON, FAHY, SIMON, STECK, STIRPE -- read once
and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to permitting certain
registered pharmacy technicians to assist a licensed pharmacist in
preparing prescriptions in certain facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 6841 of the education law, as
2 added by chapter 414 of the laws of 2019, is amended to read as follows:
3 1. A registered pharmacy technician may, under the direct personal
4 supervision of a licensed pharmacist, assist such licensed pharmacist,
5 as directed, in compounding, preparing, labeling, or dispensing of drugs
6 used to fill valid prescriptions or medication orders or in compounding,
7 preparing, and labeling in anticipation of a valid prescription or medi-
8 cation order for a patient to be served by the facility, in accordance
9 with article one hundred thirty-seven of this title where such tasks
10 require no professional judgment. Such professional judgment shall only
11 be exercised by a licensed pharmacist. A registered pharmacy technician
12 may only practice in a facility licensed in accordance with article
13 twenty-eight or article thirty-six of the public health law, or a phar-
14 macy owned and operated by such a facility, under the direct personal
15 supervision of a licensed pharmacist employed [in] by such a facility or
16 pharmacy. Such facility or pharmacy shall be responsible for ensuring
17 that the registered pharmacy technician has received appropriate train-
18 ing to ensure competence before he or she begins assisting a licensed
19 pharmacist in compounding, preparing, labeling, or dispensing of drugs,
20 in accordance with this article and article one hundred thirty-seven of
21 this title. For the purposes of this article, direct personal super-
22 vision means supervision of procedures based on instructions given
23 directly by a supervising licensed pharmacist who remains in the immedi-
24 ate area where the procedures are being performed, authorizes the proce-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00444-01-3
A. 2476 2
1 dures and evaluates the procedures performed by the registered pharmacy
2 technicians and a supervising licensed pharmacist shall approve all work
3 performed by the registered pharmacy technician prior to the actual
4 dispensing of any drug.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Effective immediately, the amendment and/or
7 repeal of any rule or regulation necessary for the implementation of
8 this act on its effective date are authorized to be made and completed
9 on or before such effective date.
