2023 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; or
k.  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.