NY State Senate Bill 2019-S8704

Senate Bill S8704

2019-2020 Legislative Session

Permits certain registered pharmacy technicians assisting in home infusion services through a home care agency to assist a licensed pharmacist in preparing prescriptions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 09, 2020	referred to rules

2019-S8704 (ACTIVE) - Details

See Assembly Version of this Bill:: A10571
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §6841, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2025, A1090
2023-2024: S6223, A2476

2019-S8704 (ACTIVE) - Summary

Permits certain registered pharmacy technicians assisting in home infusion services through a home care agency to assist a licensed pharmacist in preparing prescriptions.

2019-S8704 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8704

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to permitting certain
registered pharmacy technicians assisting in home infusion services
through a home care agency to assist a licensed pharmacist in preparing
prescriptions

 
PURPOSE:

To make technical corrections to allow non-article 28 pharmacies accred-
ited to practice compounding sterile product activities.

 
SUMMARY OF PROVISIONS:

Section 1 amends Chapter 414 of the law of 2019 by adding a registered
pharmacy technician employed by a home infusion provider licensed as a
pharmacy in New York and providing home infusion services through a home
care agency licensed under article thirty-six of the public health law,

may assist a licensed pharmacist as directed in compounding.

Section 2 is the effective date.

 
JUSTIFICATION:

Home infusion pharmacies are not considered Article 28 facilities;
however, they operate cleanrooms and engage in compounding activities in
a manner like hospitals. Home infusion providers are inspected and
accredited for these activities in accordance with the standards estab-
lished by the United States Pharmacopeia (USP) by agencies who also
accredit hospital programs such as the Joint Commission on Accreditation
of Healthcare Organizations (JCAHO) and the Accreditation Commission for
Healthcare (ACHC).

The preparation of compounded sterile products (CSPs) in compliance with
federal, state, and industry standards is a core function of home and
specialty infusion pharmacies, which are licensed as retail pharmacies.
Chapter 414 of 2019 establish a licensure and registration process for
pharmacy technicians and describes compounding as a task that registered
pharmacy technicians may perform in New York. Unfortunately, the new law
only provides exemptions for hospitals and health-care system-owned
pharmacies and does not offer relief for home infusion providers. Phar-
macies that perform the exact same CSP functions, are USP 797/800 certi-
fied and accredited by an approved entity will be included in this
legislation.

 
LEGISLATIVE HISTORY:

2020: A10571 (Bronson)

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2019-S8704 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8704
 
                             I N  S E N A T E
 
                               July 9, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in  relation  to  permitting  certain
   registered  pharmacy  technicians  assisting in home infusion services
   through a home care agency to assist a licensed pharmacist in  prepar-
   ing prescriptions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 6841  of  the  education  law,  as
 added by chapter 414 of the laws of 2019, is amended to read as follows:
   1.  A  registered  pharmacy  technician may, under the direct personal
 supervision of a licensed pharmacist, assist such  licensed  pharmacist,
 as directed, in compounding, preparing, labeling, or dispensing of drugs
 used to fill valid prescriptions or medication orders [or], AND A REGIS-
 TERED  PHARMACY TECHNICIAN EMPLOYED BY A HOME INFUSION PROVIDER LICENSED
 AS A PHARMACY IN NEW YORK, COMPLIANT WITH THE UNITED STATES PHARMACOPEIA
 GENERAL CHAPTER 797 STANDARDS FOR PHARMACEUTICAL  COMPOUNDING  REGARDING
 STERILE  PREPARATIONS,  AND  PROVIDING  HOME INFUSION SERVICES THROUGH A
 HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC  HEALTH
 LAW,  MAY  ASSIST  A  LICENSED  PHARMACIST  AS  DIRECTED in compounding,
 preparing, and labeling in anticipation of a valid prescription or medi-
 cation order for a patient to be served by the facility,  in  accordance
 with  article  one  hundred  thirty-seven of this title where such tasks
 require no professional judgment. Such professional judgment shall  only
 be  exercised by a licensed pharmacist. A registered pharmacy technician
 may only practice in a facility  licensed  in  accordance  with  article
 twenty-eight  of  the public health law, [or] a pharmacy owned and oper-
 ated by such a facility, OR IN A REGISTERED PHARMACY OPERATED BY A  HOME
 INFUSION PROVIDER, COMPLIANT WITH THE UNITED STATES PHARMACOPEIA GENERAL
 CHAPTER  797  STANDARDS FOR PHARMACEUTICAL COMPOUNDING REGARDING STERILE
 PREPARATIONS, AND PROVIDING HOME INFUSION SERVICES THROUGH A  HOME  CARE
 AGENCY  LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW under
 the direct personal supervision of a licensed pharmacist  employed  [in]
 BY  such  a  facility  or  pharmacy.  Such facility OR PHARMACY shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16537-01-0

 S. 8704                             2

 responsible for ensuring that the  registered  pharmacy  technician  has
 received  appropriate  training  to  ensure  competence before he or she
 begins assisting a licensed pharmacist in compounding, preparing, label-
 ing, or dispensing of drugs, in accordance with this article and article
 one  hundred  thirty-seven of this title. For the purposes of this arti-
 cle, direct personal supervision means supervision of  procedures  based
 on  instructions given directly by a supervising licensed pharmacist who
 remains in the immediate area where the procedures are being  performed,
 authorizes  the procedures and evaluates the procedures performed by the
 registered pharmacy technicians and a  supervising  licensed  pharmacist
 shall  approve  all work performed by the registered pharmacy technician
 prior to the actual dispensing of any drug.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if  chapter  414  of
 the laws of 2019 shall not have taken effect on or before such date then
 section  one  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2019, takes effect.    Effec-
 tive  immediately, the amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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