S T A T E O F N E W Y O R K
________________________________________________________________________
3731--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 30, 2025
___________
Introduced by M. of A. BRONSON, SIMON, STECK, STIRPE -- read once and
referred to the Committee on Higher Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law, in relation to permitting certain
registered pharmacy technicians to assist a licensed pharmacist in
preparing prescriptions in certain facilities
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 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] SHALL only practice in a facility licensed in accordance with
article twenty-eight of the public health law, [or] a pharmacy owned and
operated by such a facility, OR A QUALIFIED HOME INFUSION THERAPY
SUPPLIER, under the direct personal supervision of a licensed pharmacist
employed [in] BY such a facility or pharmacy. Such facility shall be
responsible for ensuring that the registered pharmacy technician has
received appropriate training to ensure competence before [he or she]
SUCH REGISTERED PHARMACY TECHNICIAN begins assisting a licensed pharma-
cist in compounding, preparing, labeling, or dispensing of drugs, in
accordance with this article and article one hundred thirty-seven of
this title. For the purposes of this article, direct personal super-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05909-02-5
A. 3731--A 2
vision means supervision of procedures based on instructions given
directly by a supervising licensed pharmacist who remains in the immedi-
ate area where the procedures are being performed, authorizes the proce-
dures 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. Section 6842 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. "QUALIFIED HOME INFUSION THERAPY SUPPLIER" SHALL HAVE THE SAME
MEANING AS DEFINED BY 42 U.S.C. § 1395X.
§ 3. This act shall take effect immediately.