Establishes requirements for certification as 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, 2016 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

2008: S.5034/A.10177 passed the Senate

Fiscal implications

None to state.

Effective date

The first of January next succeeding the date on which it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the provisions of this act on it~ effective date is authorized and directed to be made and completed on or before such effective date.