Establishes requirements for registered and certified 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 computer 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 application 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 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 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) (i) have received an education that includes a high school diploma, general education diploma (GED) or higher and (ii) have completed requirements for and maintain current certification 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 certification issued by the department or documentation that such an application has been filed with the department; and (g) a registered pharmacy technician directly assisting licensed pharmacists to dispense medications 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 background check that indicates that the applicant has no drug-related felony 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 considered 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 pharmacy technicians whether registered or certified and they have no independent 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 Professional 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 technician 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 regulations allow a licensed pharmacist to be assisted by no more than two unlicensed persons. Based on the qualifications outlined in this legislation 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 Technicians that administers the ExCPT certification. The bill also authorizes the department to approve additional independent national certifying 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 registered and certified technicians. With regard to certification, a majority of states recognize both PTCB and ExCPT as certifying bodies. Recognizing 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.