2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6832 - Limitations on Assistance of an Unlicensed Person.

§  6832. Limitations on assistance of an unlicensed person. 1. Subject
to the limitations set forth in subdivision  two  of  this  section,  an
unlicensed  person may assist a licensed pharmacist in the dispensing of
drugs by:
(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; and
(k)  performing  other  functions  as  defined  by  the commissioner's
regulations.
2. Except for a licensed pharmacist employed by a facility licensed in
accordance with article twenty-eight of  the  public  health  law  or  a
pharmacy  owned  and  operated by such a facility, as defined in article
one hundred thirty-seven-A of this title, no licensed  pharmacist  shall
obtain  the  assistance  of  more  than  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   the   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 paragraph
(b),  (c),  (d),  (e),  (f),  (g), (h) or (i) of subdivision one 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.