Establishes requirements for registered and certified pharmacy technicians; requires persons working in a pharmacy who directly assist licensed pharmacists to dispense prescriptions or have authority to add or to modify prescription records maintained in the pharmacy computer system to be registered or certified as a pharmacy technician.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4841A
SPONSOR: Englebright (MS) TITLE OF BILL: An act to amend the education law, in relation to the
registration and certification of pharmacy technicians
PURPOSE:
Establishes requirements for registration and certification of pharmacy
technicians.
SUMMARY OF PROVISIONS:
This bill would add a new section 6805-a to the education law to read
"Registration and certification of pharmacy technicians".
1. Any individual employed in a pharmacy who (a) directly assists
licensed pharmacists to dispense prescriptions or (b) has authority to
add or to modify prescription records maintained in the pharmacy comput-
er system and who, in addition, has access to prescription drugs must be
a registered pharmacy technician.
2. Requirements for pharmacy technician registration: (a) file an appli-
cation with the department; (b) have an education that includes a high
school diploma, general equivalency diploma (GED) or higher, or is
enrolled in a course of study leading to a high school diploma or GED;
(c) be at least seventeen years of age; (d) be of good moral character
as determined by the department which shall include a criminal back-
ground check indicating that the applicant has no drug-related felony
convictions, and if the applicant has such a conviction, no certificate
issued under article twenty-three of the corrections law; ( e ) pay a
registration fee established by the board of regents; (f) as a condition
of employment have a current valid registration or documentation that
such an application has been filed with the department; and (g) may be
granted a waiver from education requirements issued by the department
for good cause shown if the applicant has a minimum of five years
employment in good standing with the employer.
3. Certified pharmacy technicians: Any individual employed in a pharmacy
located within an article 28 facility or employed in a facility that
compounds drugs on behalf of article 28 facilities and who (a) directly
assists licensed pharmacists to dispense prescriptions or medication
orders or (b) has authority to add or to modify prescription records
maintained in the pharmacy computer system and who, in addition, has
access to prescription drugs shall be a certified pharmacy technician.
Any individual who is assisting in the compounding of medications under
the direct supervision of a licensed pharmacist shall be a certified
pharmacy technician in any setting.
4. Requirements for pharmacy technician certification: (a) file an
application with the department; (b) (1) have received an education that
includes a high school diploma, general education diploma (GED) or high-
er and (ii) have completed requirements for and maintain current certif-
ication status, including any continuing education requirements, from a
nationally accredited independent certifying body satisfactory to the
department and referenced in regulations such as the Pharmacy Technician
Certification Board (PTCB) and the Institute for the Certification of
Pharmacy Technicians (ExCPT); (c) be at least eighteen years of age; (d)
be of good moral character as determined by the department which shall
include a criminal background check indicating that the applicant has no
drug-related felony convictions, and if the applicant has such a
conviction, no certificate issued under article twenty-three of the
corrections law; (e) pay a registration fee established by the board of
regents; (f) as a condition of employment have a current valid certif-
ication issued by the department or documentation that such an applica-
tion has been filed with the department; and (g) a registered pharmacy
technician directly assisting licensed pharmacists to dispense medica-
tions and who is employed in a pharmacy located within an article 28
facility and documents a minimum of five of the previous eight years of
employment as a pharmacy technician in good standing and who attempted
but did not successfully complete requirements for certification may
continue to be employed without being certified, provided that such
registered pharmacy technician will not be permitted to assist in
compounding.
5. Students enrolled in a college of pharmacy are not required to be
registered or certified pharmacy technicians.
6. Students enrolled in technician training programs are not required to
be registered or certified, but they will be subject to a criminal back-
ground check that indicates that the applicant has no drug-related felo-
ny convictions. This exemption from registration or certification
requirements is limited to two years, but an extension may be granted
for programs longer than two years.
7. Board means the Board of Regents.
8. Following implementation, the department and state board of pharmacy
shall consider an adjustment to the ratio of pharmacy technicians to a
licensed pharmacist. This refers to the number of technicians who
directly assist the pharmacist to dispense prescriptions. Also consid-
ered should be an update to the list of tasks and functions that can
delegated to both registered and certified pharmacy technicians. This
section also states that licensed pharmacists directly supervise pharma-
cy technicians whether registered or certified and they have no inde-
pendent authority.
JUSTIFICATION:
New York is one of only four remaining states that do not require the
unlicensed persons who directly assist pharmacists to dispense
prescriptions to be registered with state authorities. This legislation
brings these individuals under the jurisdiction of the NYS Education
Department's Office of the Professions including the Office of Profes-
sional Discipline.
The registration and certification process described in the legislation
grants the Education Department the authority to evaluate educational
qualifications, conduct a criminal background check to verify that
applicants are free from drug-related felony convictions, and, when
necessary, investigate complaints that involve pharmacy technicians. The
legislation would allow the Department to withdraw the registration or
certification of a pharmacy technician for good cause. For these
reasons, this legislation provides an additional and important level of
public protection.
Pharmacies that employ unlicensed personnel may, as a standard business
practice, conduct independent background checks on all their employees,
but this legislation goes further to authorize the Education Department
to require a criminal background check for every pharmacy technician
applicant, whether registered or certified. Exempted from technician
registration and certification requirements are students who are
enrolled in the six-year accredited programs leading to a Doctor of
Pharmacy degree. Also exempted are students who are enrolled in techni-
cian training programs, but these individuals are subject to criminal
background screening. Each provision is consistent laws currently in
place in other states and meets the important public safety goal of
reducing the risk for diversion and maintaining reasonable employment
conditions in pharmacies.
This legislation makes a clear distinction between pharmacy technicians
and other pharmacy personnel. Technicians are the individuals directly
assisting licensed pharmacists in the dispensing process under a defined
ratio which is established in department regulations. Current regu-
lations allow a licensed pharmacist to be assisted by no more than two
unlicensed persons. Based on the qualifications outlined in this legis-
lation for registered and certified technicians, it is reasonable that
the department through the NYS Board of Pharmacy would consider new
regulations that would adjust the ratio and consider the defined tasks
that certified technicians are allowed to perform. In this regard, the
bill maintains the important principle that technicians are at all times
directly supervised by licensed pharmacists and never have independent
authority.
Technicians who are certified have achieved a higher level of competency
as demonstrated by the fact that they have passed examinations conducted
by nationally recognized independent certifying bodies and continue to
maintain certification status by completing any required continuing
education requirements. For these reasons, the bill specifies that only
certified technicians may assist pharmacists who prepare compounded
medications in any setting. Compounding involves the tailoring of
prescription medications to fit unique medical needs of individual
patients based on the physician's patient-specific prescription orders.
Pharmacies located within hospitals will be required to employ only
certified technicians. A grandparenting provision has been added so that
experienced technicians in good standing may continue to be employed in
hospitals without being displaced by the new certification requirements.
The legislation allows the Education Department to recognize independent
nationally recognized pharmacy technician certifying boards, namely the
Pharmacy Technician Certification Board that administers the PTCB
certification and the Institute for the Certification of Pharmacy Tech-
nicians that administers the ExCPT certification. The bill also author-
izes the department to approve additional independent national certify-
ing bodies that may arise in the future. These specific references to
PTCB and ExCPT ensure that the hundreds of PTCB and ExCPT certified
technicians who are working in New York today will be recognized.
As mentioned earlier, New York is one of only four states lacking laws
that recognize pharmacy technicians. Most states recognize both regis-
tered and certified technicians. With regard to certification, a majori-
ty of states recognize both PTCB and ExCPT as certifying bodies. Recog-
nizing both broadens access to the examinations and expands advancement
opportunities for registered technicians, a policy that is consistent
with the state's interest in jobs, and workforce development.
Appropriately, the legislation directs the Education Department to
consider amending current regulations that address the technician to
pharmacist ratio (currently 2:1) and tasks that pharmacists are allowed
to delegate to certified technicians.
LEGISLATIVE HISTORY:
Higher Education Committee.
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law,
provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.
