N.Y. Education Law § 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.