What's happening
This bill establishes registration and certification requirements, including education and supervision standards, for pharmacy technicians in New York State.
Why it matters
Creates two distinct roles—registered and certified pharmacy technicians—with different education and testing requirements, which could clarify responsibilities and career pathways within pharmacies.
Links technician supervision and allowable duties directly to state regulations, giving the State Education Department and Board of Pharmacy significant authority to define and potentially expand technician roles over time.
Includes “grandfathering” provisions for current pharmacy employees, allowing experienced workers to continue without meeting new educational requirements, potentially preserving workforce stability during the transition.
Mandates moral character attestations and background checks for technicians, aiming to enhance patient safety and public trust in those handling prescriptions and sensitive health information.
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Headline styles
Set Pharmacy Tech Standards
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to higher education
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1837
- Committee discharged and committed to rules
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.1795
Show 7 earlier actions
- Print number 5584b
- Amend and recommit to rules
- Reported and committed to rules
- Reported and committed to finance
- Print number 5584a
- Amend and recommit to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Set Pharmacy Tech Standards
In Assembly Committee · Higher Education · Sponsor Steven Englebright
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5584--B
2017-2018 Regular Sessions
IN SENATE
April 18, 2017
Introduced by Sens. GRIFFO, AKSHAR, BONACIC, FUNKE, GALLIVAN, LATIMER, MURPHY, RANZENHOFER, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the practice of registered pharmacy technician or certified pharmacy technician
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding two new sections 6803-a and 6803-b to read as follows:
§ 6803-a. Practice of registered pharmacy technician and use of title "registered pharmacy technician". Only a person registered or otherwise authorized under this title shall practice as a registered pharmacy technician or use the title "registered pharmacy technician". Practice as a registered pharmacy technician shall include providing pharmacy-related services as defined in regulation under the supervision of a licensed pharmacist. Registered pharmacy technicians shall be subject to the provisions of subpart three of article one hundred thirty of this title. Registration as a pharmacy technician shall be required if the technician has access to prescription drugs and either directly assists licensed pharmacists to dispense prescriptions or medication orders, or has the authority to add to or modify prescription records.
§ 6803-b. Practice of certified pharmacy technician and use of title "certified pharmacy technician". Only a person certified or otherwise authorized under this title shall practice as a certified pharmacy technician or use the title "certified pharmacy technician". Practice as a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10768-07-7
S. 5584--B 2
certified pharmacy technician shall include providing pharmacy-related services as defined in regulation under the supervision of a licensed pharmacist. Certified pharmacy technicians shall be subject to the provisions of subpart three of article one hundred thirty of this title. Certification as a pharmacy technician shall be required if the technician has access to prescription drugs, and either directly assists licensed pharmacists to dispense prescriptions or medication orders or has the authority to add to or modify prescription records, and (i) is employed by a pharmacy in a facility licensed in accordance with the provisions of article twenty-eight of the public health law except as provided in subdivision two of section sixty-eight hundred nine of this article; or (ii) is employed in a facility that is engaged in the compounding or preparation of drugs on behalf of facilities licensed in accordance with the provisions of article twenty-eight of the public health law, including, but not limited to, facilities authorized pursuant to section sixty-eight hundred thirty-one of this article; or (iii) is assisting in the compounding of medications as defined in regulation in any setting under the direct supervision of a pharmacist who is on-site and available at all times.
§ 2. The education law is amended by adding two new sections 6805-a and 6805-b to read as follows:
§ 6805-a. Requirements for registration as a pharmacy technician. 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 a minimum of a high school or high school equivalency diploma, or be currently enrolled in a course of study leading toward a high school or general equivalency diploma, except as otherwise provided by section sixty-eight hundred nine of this article. A diploma for a higher degree may be substituted for a high school or high school equivalency diploma.
(c) Age: be at least eighteen years of age, or at least seventeen if the applicant has received a high school or a high school equivalency diploma.
(d) Character: submit an attestation of good moral character that is satisfactory to the department which shall include a statement, under penalty of perjury, as to whether the applicant has been convicted of any offense defined in article one hundred seventy-eight or two hundred twenty of the penal law.
(e) Fees: pay a fee for an initial registration and for each triennial registration period thereafter. The triennial registration fee shall be one-half of the fee for initial registration. The fees collected shall be used by the department as needed for the implementation of, and ongoing activities required by, this section for the purpose of registering pharmacy technicians.
§ 6805-b. Requirements for certification as a pharmacy technician. 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 a minimum of a high school or a high school equivalency diploma. A diploma for a higher degree may be substituted for a high school or high school equivalency diploma.
(c) Examination: pass an examination offered by a national certifying body that is satisfactory to the department.
(d) Age: be at least eighteen years of age.
S. 5584--B 3
(e) Character: submit an attestation of good moral character that is satisfactory to the department which shall include a statement, under penalty of perjury, as to whether the applicant has been convicted of any offense defined in article one hundred seventy-eight or two hundred twenty of the penal law.
(f) Fee: Pay a fee for an initial certification and for each triennial certification period thereafter. The triennial registration fee shall be one-half of the fee for initial certification. The fees collected shall be used by the department as needed for the implementation of, and ongoing activities required by, this section for the purpose of registering pharmacy technicians.
§ 3. The education law is amended by adding a new section 6809 to read as follows:
§ 6809. Special Conditions. 1. Exemptions for registered pharmacy technicians. A person employed in a pharmacy who directly assists licensed pharmacists to dispense prescriptions on the effective date of this section, shall be exempt from the education requirements in section sixty-eight hundred five-a of this article if he or she submits evidence of a minimum of five years of employment in good standing in a pharmacy, including eighteen consecutive months with a single employer, and such evidence is verified by the employer. Such individual must submit an application to the department within one year of the effective date of this section.
2. Exemptions for registered pharmacy technicians in article twentyeight facilities. A person employed in a pharmacy who directly assists licensed pharmacists to dispense prescriptions in a facility licensed in accordance with article twenty-eight of the public health law on the effective date of this section, shall be exempt from the education requirements in section sixty-eight hundred five-a of this article, and shall not be subject to the requirements of section sixty-eight hundred three-b or sixty-eight hundred five-b of this article if he or she submits evidence, verified by his or her employer, of a minimum of five years of employment in good standing in a pharmacy within the previous eight years, including eighteen consecutive months with a single employer. Such individual must submit an application for registration as a pharmacy technician to the department within one year of the effective date of this section, and shall not be permitted to assist in the compounding of medications.
3. Exemptions for certified pharmacy technicians. An individual who meets the requirements for certification as a pharmacy technician on the effective date of this section, and who is certified by a national certifying body having certification standards acceptable to the commission, may be certified for the purposes of this article, provided that such individual submits an application to the department within one year of the effective date of this section.
§ 4. Following the implementation of the registration and certification requirements set forth in this act, the department of education and the state board of pharmacy shall consider an adjustment in the ratio of the registered and certified pharmacy technicians directly assisting a licensed pharmacist to dispense prescriptions and shall consider the delegated duties, tasks and functions that may be performed by such registered and certified technicians as set forth in regulations established by the commissioner of education. Registered and certified pharmacy technicians shall be subject to the direct supervision of licensed pharmacists and shall have no independent authority in accordance with regulations established by the commissioner of education.
S. 5584--B 4
§ 5. This act shall take effect eighteen months 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 the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; and provided further that the state education department shall, effective immediately, be authorized to issue guidance and application forms to, and to receive and consider applications from, persons seeking to be registered or certified pursuant to this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the practice of registered pharmacy technician or certified pharmacy technician
Purpose or general idea of bill
To protect the public by establishing requirements for registration and certification of pharmacy technicians.
Summary of provisions
Section 1 of the bill adds two new sections to the education law. Section 6803-a establishes the practice of a registered pharmacy technician and the conditions under which an employee must be registered as a pharmacy technician. Section 6803-b establishes the practice of a certified pharmacy technician and the conditions under which an employee must be certified as a pharmacy technician.
Read the full memo (639 words)
Section 2 of the bill adds two new sections to the education law. Section 6805-a establishes the requirements for registration as pharmacy technician, and section 6805-b establishes the requirements for certification as a pharmacy technician.
Sections 3 of the bill adds a new section 6809-a to the education law. This section established the circumstances under which certified pharmacy technicians may receive a limited permit, and states that students enrolled in a college of pharmacy are not required to be registered or certified as pharmacy technicians.
Section 4 of the bill would require the department of education and the state board of pharmacy to consider an adjustment to the ratio of certified and registered pharmacy technicians that may directly assist a licensed pharmacist to dispense prescriptions. The department and board will also reconsider the delegated duties, tasks, and functions that may be performed by registered pharmacy technicians. Lastly, the section establishes that registered and certified technicians must be under the direct supervision of a licensed pharmacist, and that they are not granted any independent authority.
Section 5 of the bill provides the effective date.
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, and the State Board of Pharmacy. The registration and certification process described in the legislation grants the Education Department the authority to evaluate educational qualifications, verify that applicants are free from drug-related criminal 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.
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.
Prior legislative history
2008 A10177 referred to higher education 2009-10 A5379 referred to higher education 2011-12 A4605-A referred to higher education 2013-14 A4221-A referred to higher education 2015-16 A4841-A referred to higher education
Fiscal implications for state and local governments
None for local governments. State fiscal implications will be offset by registration/certification fees.
Effective date
This act shall take effect eighteen months 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 the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; and provided further that the state education department shall, effective immediately, be authorized to issue guidance and application forms to, and to receive and consider applications from, persons seeking to be registered or certified pursuant to this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.