STATE OF NEW YORK ________________________________________________________________________ 3731--A 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. BRONSON, SIMON, STECK, STIRPE -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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] shall only practice in a facility licensed in accordance with 13 article twenty-eight of the public health law, [or] a pharmacy owned and 14 operated by such a facility, or a qualified home infusion therapy 15 supplier, under the direct personal supervision of a licensed pharmacist 16 employed [in] by such a facility or pharmacy. Such facility shall be 17 responsible for ensuring that the registered pharmacy technician has 18 received appropriate training to ensure competence before [he or she] 19 such registered pharmacy technician begins assisting a licensed pharma- 20 cist in compounding, preparing, labeling, or dispensing of drugs, in 21 accordance with this article and article one hundred thirty-seven of 22 this title. For the purposes of this article, direct personal super- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05909-02-5
A. 3731--A 2 1 vision means supervision of procedures based on instructions given 2 directly by a supervising licensed pharmacist who remains in the immedi- 3 ate area where the procedures are being performed, authorizes the proce- 4 dures and evaluates the procedures performed by the registered pharmacy 5 technicians and a supervising licensed pharmacist shall approve all work 6 performed by the registered pharmacy technician prior to the actual 7 dispensing of any drug. 8 § 2. Section 6842 of the education law is amended by adding a new 9 subdivision 6 to read as follows: 10 6. "Qualified home infusion therapy supplier" shall have the same 11 meaning as defined by 42 U.S.C. § 1395x. 12 § 3. This act shall take effect immediately.