New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 63 - Pharmacy and registered pharmacy technicians
Section 63.14 - Definition of the practice of registered pharmacy technician and use of the title
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 63.14
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Definitions. As used in this section:
(1) "Licensed
pharmacist" means a person licensed to practice pharmacy pursuant to Article
137 of Title VIII of the Education Law.
(2) "Pharmacy intern" means a person
practicing under a limited permit pursuant to section 6806 of Title VIII of the
Education Law.
(3) "Professional
judgment" means professional decision-making by a licensed pharmacist,
including, but not limited to, such activities as:
(i) interpreting a prescription or medication
order for the rapeutic acceptability and appropriateness or engaging in the
calculations behind any such formulations;
(ii) interpreting and evaluating a
prescription or medication order for conformance with legal requirements,
authenticity, accuracy and interaction of the prescribed drug with other known
prescribed and over-the-counter drugs;
(iii) receiving oral prescriptions from
prescribers; or
(iv) counseling
patients.
(4)
"Compounding" means the combining, admixing, mixing, diluting, pooling,
reconstituting, or otherwise altering of a drug or bulk drug substance to
create a drug.
(5) "Drugs",
"pharmacopeia", "labeling" and "sterile drug" shall have the same definitions
as set forth in section 6802 of Title VIII of the Education
Law.
(b) Definition of the practice of registered pharmacy technician and use of the title:
(1) Only a person licensed to practice as a
registered pharmacy technician under Article 137-A of the Education Law or
otherwise authorized to practice shall practice as a registered pharmacy
technician or use the title "registered pharmacy technician."
(2) A registered pharmacy technician may,
under the direct personal supervision of a licensed pharmacist, assist such
licensed pharmacsist, 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 shall 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. 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 Articles 137-A and 137 of the Education
Law. For the purposes of this section, 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.
(3) In addition to the registered pharmacy
technician services included in subdivision (a) 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
Article 137-A of the Education Law:
(i)
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;
(ii) typing prescription labels;
(iii) 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;
(iv) getting drugs from stock and returning
them to stock;
(v) getting
prescription files and other manual records from storage and locating
prescriptions;
(vi) counting dosage
units of drugs;
(vii) placing
dosage units of drugs in appropriate containers;
(viii) affixing the prescription label to the
containers;
(ix) preparing manual
records of dispensing for the signature or initials of the licensed pharmacist;
or
(x) 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.
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