What's happening
This bill specifies who can compound, prepare, label, or dispense drugs in certain healthcare facilities, including provisions for certified pharmacy technicians under pharmacist supervision.
Why it matters
Establishes clear boundaries for pharmacy tasks. by specifying that only licensed pharmacists or supervised pharmacy interns can compound, prepare, label, or dispense drugs—helping to ensure medication safety and accountability in healthcare facilities.
Allows certified pharmacy technicians to assist with drug preparation and dispensing. under direct pharmacist supervision, provided they complete rigorous, state-approved training—potentially increasing efficiency and workforce flexibility without compromising clinical oversight.
Includes a “grandfather” provision. for experienced support staff, allowing those with at least five years of recent, verified pharmacy employment to continue assisting (except with compounding), which may help retain knowledgeable staff during transitions to new certification standards.
Mandates detailed record-keeping and oversight. by requiring facilities to document and provide proof of technician certification, training, and exemptions to state agencies, bolstering regulatory compliance and ensuring only qualified individuals participate in drug handling processes.
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Who cares
Licensed pharmacists and pharmacy interns
The bill would reserve drug compounding, preparation, labeling and dispensing in Article 28 facilities to pharmacists and directly supervised interns, while allowing specified assistance by other workers.
Certified pharmacy technicians
Properly trained workers with certification from a commissioner-approved, nationally accredited program could assist pharmacists in Article 28 facilities or their owned or managed pharmacies, but could not exercise clinical judgment.
Experienced pharmacy support workers
Workers assisting pharmacists in Article 28 facilities when the bill takes effect could qualify for a certification exemption with verified employment history, but could not assist in compounding medications.
Article 28 facilities
Facilities would have to maintain proof of certification and training, or documentation supporting an employment-history exemption, and provide those records to state agencies upon request.
Headline styles
Define Who Dispenses Medication
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 57–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.697
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5162
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to establishing the individuals authorized to perform tasks involving the dispensing of drugs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6807 of the education law is amended by adding a new subdivision 4 to read as follows:
4. (a) The compounding, preparation, labeling, or dispensing of drugs, in accordance with this article, in facilities licensed in accordance with article twenty-eight of the public health law, shall be performed by:
(i) a licensed pharmacist, as defined in this article; or
(ii) a pharmacy intern, under the direct supervision of a licensed pharmacist as defined in this article.
(b) Under the direct supervision of a licensed pharmacist, an individual who has received certification from a nationally accredited pharmacy technician certification program, if such program has been approved by the commissioner, and who is employed in a facility licensed in accordance with article twenty-eight of the public health law, or is employed in a pharmacy owned or managed by such a facility, may assist a licensed pharmacist in the preparation and dispensing of drugs including compounding, weighing, mixing, counting, pouring and measuring when properly trained. Proof of certification and training of such individual employed by a facility shall be maintained by the facility and provided to state agencies upon request. Such individual shall not exercise clinical judgment, including interpreting a prescription or medication order for therapeutic acceptability and appropriateness. Clinical judgment shall only be exercised by a licensed pharmacist. Direct supervision shall include final approval of all work performed by such individual prior to the actual dispensing of any drug.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11187-01-9
S. 5162 2
(c) A person employed in a facility licensed in accordance with article twenty-eight of the public health law who directly assists licensed pharmacists to dispense prescriptions in such facility on the effective date of this section shall be exempt from the certification requirement in paragraph (b) of this subdivision if he or she submits evidence to, and 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 evidence and verification shall be documented and maintained by the facility and provided to state agencies upon request. Such individual shall not be permitted to assist in the compounding of medications.
§ 2. This act shall take effect immediately.
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 establishing the individuals authorized to perform tasks involving the dispensing of drugs
Purpose
To clarify the tasks that can be performed by a licensed pharmacy tech- nician in a hospital setting.
Summary of provisions
Section 6807 of the Education Law is amended to add a new subdivision 4 as follows:
Read the full memo (613 words)
Paragraph 4 (a) reiterates that, in Public Health Law Article 28 facili- ties, which includes hospitals and nursing homes, only pharmacists and, under the direct supervision of pharmacists, pharmacy interns, as defined in Article 137 of the Education Law, may compound, prepare, label or dispense drugs.
Paragraph 4 (b) requires that an unlicensed employee of an Article 28 facility, and an unlicensed employee of a pharmacy that is owned or managed by an Article 28 facility, if properly trained, must gain certification from a national pharmacy technician certification organ- ization approved by the Commissioner to, under the direct supervision of a licensed pharmacist, assist in the preparation and dispensing of drugs, including in the compounding, weighing, mixing, counting, pour- ing, and measuring of drugs. Proof of certification and training of the employee shall be maintained by the facility and provided to state agen- cies upon request. The employee shall not exercise clinical judgment, including interpreting a prescription or medication order for therapeu- tic acceptability and appropriate ness. Clinical judgment shall only be exercised by a licensed pharmacist. Direct supervision shall include final approval of all work performed by the employee prior to the actual dispensing of any drug. Paragraph 4 (c) requires that a person employed in an Article 28 facility who directly assists licensed pharmacists to dispense prescriptions in such facility on the effective date of this section shall be exempt from the certification requirement if he or she submits evidence to, and verified by, his or her employer, of a minimum of five (5) years of employment in good standing in a pharmacy within the previous eight (8) years, including eighteen consecutive months with a single employer. Such evidence and verification shall be documented and maintained by the facility and provided to state agencies upon request. Such individual shall not be permitted to assist in the compounding of medications.
Justification
46 States recognize the important role played by pharmacy technicians through laws and regulations, enshrined in the Model Act of the National Association of Boards of Pharmacy, of which the NYS Board is a member. These laws require, to varying degrees, licensure, training, certif- ication, and registration of pharmacy technicians. These laws all allow pharmacy technicians to compound drugs under the direct supervision of licensed pharmacists.
New York does not have a law recognizing the role of pharmacy techni- cians. Until last year, the State Education Department (SED) allowed pharmacy technicians to assist pharmacists in dispensing and preparing drugs. Starting in September, however, SED began informing hospitals that, because there is no law in New York State governing pharmacy tech- nicians, the hospitals and their pharmacists could be found out of compliance with State law by allowing technicians, even under the super- vision of pharmacists, to prepare drugs, including IV solutions. This interpretation of State law, if allowed to stand, would mean the poten- tial loss of pharmacy technician jobs and the potential hiring of much costlier pharmacists.
This legislation would solve this problem by once and for all defining the tasks that pharmacy technicians may perform within hospitals under direct supervision of pharmacists. It brings New York into closer align- ment with national pharmacy practice.
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.