NY Educ L § 6841 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 137-A - Registered Pharmacy Technicians 6841 - Definition of the Practice of Registered Pharmacy Technician.

§  6841. Definition of the practice of registered pharmacy technician.   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   medication  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   operated  by such a facility, under the direct personal supervision of a   licensed pharmacist employed  in  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  begins  assisting  a  licensed  pharmacist  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 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. In addition to the registered pharmacy technician services included   in subdivision one of this section, registered pharmacy technicians  may   also  assist  a  licensed  pharmacist  in  the  dispensing  of  drugs by   performing the following functions that do not require a  license  under   this article:a.  receiving  written  or  electronically  transmitted prescriptions,   except that in the case of electronically transmitted prescriptions  the   licensed  pharmacist or pharmacy intern shall review the prescription to   determine whether in his  or  her  professional  judgment  it  shall  be   accepted  by  the  pharmacy, and if accepted, the licensed pharmacist or   pharmacy intern shall enter his or her initials into the records of  the   pharmacy;b. typing prescription labels;c.  keying  prescription data for entry into a computer-generated file   or retrieving prescription  data  from  the  file,  provided  that  such   computer-generated   file   shall   provide   for  verification  of  all   information needed to fill the prescription  by  a  licensed  pharmacist   prior  to  the dispensing of the prescription, meaning that the licensed   pharmacist shall review and approve such information and  enter  his  or   her  initials or other personal identifier into the recordkeeping system   prior to the dispensing of  the  prescription  or  of  the  prescription   refill;d. getting drugs from stock and returning them to stock;e.  getting  prescription  files and other manual records from storage   and locating prescriptions;f. counting dosage units of drugs;g. placing dosage units of drugs in appropriate containers;h. affixing the prescription label to the containers;i. preparing  manual  records  of  dispensing  for  the  signature  or   initials of the licensed pharmacist; j. handing or delivering completed prescriptions to the patient or the   person  authorized  to  act  on behalf of the patient and, in accordance   with the relevant commissioner's regulations, advising  the  patient  or   person authorized to act on behalf of the patient of the availability of   counseling  to  be  conducted  by  the  licensed  pharmacist or pharmacy   intern; ork.  performing  other  functions  as  defined  by  the  commissioner's   regulations.3.  Under  the  direct  personal supervision of a licensed pharmacist,   unlicensed persons who  are  not  registered  pharmacy  technicians  may   assist  licensed  pharmacists  in  performing  tasks that do not require   licensure in accordance with regulations promulgated by the commissioner   and are also described in subdivision two of  this  section.  Unlicensed   persons  who are not registered pharmacy technicians shall not engage in   or assist in compounding.4. No licensed pharmacist shall obtain the assistance of more than two   registered pharmacy technicians in the  performance  of  licensed  tasks   within  their  scope  of  practice  or  four  unlicensed persons, in the   performance of the activities that do not require licensure,  the  total   of  such  persons  shall  not  exceed  four individuals at any one time.   Pharmacy interns  shall  be  exempt  from  such  ratios,  but  shall  be   supervised  in  accordance  with commissioner's regulations. Individuals   who are responsible for the act of placing drugs which are in  unit-dose   packaging  into  medication  carts as part of an approved unit-dose drug   distribution system for patients  in  institutional  settings  shall  be   exempt  from  such  ratio,  provided  that such individuals are not also   engaged in performing the activities set forth  in  subdivision  one  or   paragraph  b, c, d, e, f, g, h, or i of subdivision two of this section.   The licensed pharmacist shall provide the degree of supervision of  such   persons  as  may  be  appropriate to ensure compliance with the relevant   provisions of regulations of the commissioner.