Article 137-A of the Education Law became effective April 25, 2021.
Only a person licensed to practice as a registered pharmacy technician under Article 137-A of the Education Law can practice as a registered pharmacy technician or use the title “registered pharmacy technician.”
A scope of practice refers to the services and activities of a profession that are limited to individuals who are licensed under the law to practice it. Article 137-A of the Education Law establishes and defines the scope of practice of registered pharmacy technicians and the requirements for licensure for this profession.
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 137 of the Education Law where such tasks require no professional judgment. Such professional judgment must only be exercised by a licensed pharmacist. A registered pharmacy technician may only practice in a facility licensed in accordance with Article 28 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.
A facility licensed under Article 28 of the Public Health Law, or a pharmacy owned and operated by such a facility is responsible for ensuring that the registered pharmacy technician has received appropriate training to ensure his or her competence before he or she begins assisting a licensed pharmacist in compounding, preparing, labeling, or dispensing of drugs, in accordance with Articles 137-A and 137 of the Education Law.
For the purposes of Article 137-A of the Education Law. The intent of the term ". . . direct personal supervision. . ." is to require a supervising pharmacist to observe the work of the Registered Pharmacy Technician in person and in real time, with direct line of sight to witness any activities that require sterile compounding, and to confirm the accuracy of the work performed by a Registered Pharmacy Technician. Technology, including the use of still pictures, may be used to supplement supervision, but does not substitute for the direct observation of sterile compounding procedures or confirmation of the accuracy of the product. In instances where maintaining a direct line of sight at all times is not feasible, a supervising pharmacist must be present within the registered area of the pharmacy and be able to readily observe, direct and assist the Registered Pharmacy Technician in accordance with any applicable official guidelines pertaining to compounding. Pursuant to Education Law 6841(1) a supervising licensed pharmacist must approve all work performed by the Registered Pharmacy Technician prior to the actual dispensing of any drug.
Yes. In addition to the registered pharmacy technicians scope of practice services included in Education Law §6841(1), registered pharmacy technicians, under Education Law §6841(2), may assist a licensed pharmacist in the dispensing of drugs by performing the following functions that do not require a license under Article 137-A of the Education Law:
Registered pharmacy technicians are only permitted to practice in a facility licensed in accordance with Article 28 of the Public Health Law, or a pharmacy owned and operated by such a facility. In addition, registered pharmacy technicians may only practice under the direct personal supervision of a licensed pharmacist employed in such a facility or pharmacy.
Under Article 28 of the New York State Public Health Law, Article 28 facilities include: hospitals, nursing homes, and diagnostic treatment centers. Further information regarding Article 28 facilities can be found on the New York State Department of Health’s webpage at: https://health.ny.gov/facilities/hospital/regulations/
No. An individual who is licensed as a registered pharmacy technician can only practice as a registered pharmacy technician and use that title in a facility licensed in accordance with Article 28 of the Public Health Law, or a pharmacy owned and operated by such a facility.
A pharmacist may supervise up to a maximum of four individuals, in any pharmacy setting, at one time.
Under Education Law §6841(4), a licensed pharmacist, who is employed by an Article 28 facility or a pharmacy owned and operated by such a facility, can supervise no more than two registered pharmacy technicians at one time.
No. Pharmacy interns are exempt from the pharmacist supervisory ratio. However, pharmacy interns must be supervised in accordance with the ratios outlined in §63.2(a)(3) of the Commissioner’s Regulations, which means that a pharmacist preceptor may not have more than one full-time pharmacy intern or more than two part-time pharmacy interns under his/her supervision at one time.
Yes. In New York State, upon satisfying the licensure eligibility requirements, a "license" is awarded. Licensure is for life unless suspended, revoked, or annulled for reasons of misconduct.
In order to practice as a registered pharmacy technician in New York State and use the title “registered pharmacy technician”, a licensee must be currently "registered". Registration is for a three-year period, except for the first registration renewal after licensure, which is prorated to move licensees to month of birth renewal.
Registration is for a three-year period, except for the first registration renewal after licensure, which is prorated to move licensees to month of birth renewal.
While national certification is not required for registration renewal purposes, §29.1(b)(9) of the Rules of the Board of Regents requires licensees to be professionally competent in the tasks which they perform. One way by which Registered Pharmacy Technicians can help to ensure competency is by maintaining their national certification.
To be licensed as a registered pharmacy technician, an applicant must meet the following requirements:
In addition to a high school diploma, the Department has determined that New York State’s four pathways to a high school equivalency diploma www.acces.nysed.gov/hse/high-school-equivalency-hse are the equivalent to a high school graduation for licensure purposes.
Also, instead of a high school diploma or a high school equivalency diploma, the Department will accept an official college transcript, which reflects the conferral of an associate’s or higher degree, or at least 30 semester credits, or the equivalent, of academic study awarded by an acceptable college or university holding the proper accreditation and/or appropriate government recognition, as determined by the Department.
Currently, the Department will only accept certification from either the Pharmacy Technician Certification Board (PTCB) or National Healthcareer Association (NHA).
No. Article 137-A of Education Law does not contain a grandparenting licensure pathway for individuals seeking to become licensed as registered pharmacy technicians. Thus, all applicants for licensure as registered pharmacy technicians must meet the licensure requirements contained in Education Law §6844 and listed in FAQ 18. These licensure requirements also apply to individuals who already have PTCB or NHA certification.