§ 6832 — Limitations on assistance of an unlicensed person

§ 6832. Limitations on assistance of an unlicensed person. 1. Subject\nto the limitations set forth in subdivision two of this section, an\nunlicensed person may assist a licensed pharmacist in the dispensing of\ndrugs by:\n (a) receiving written or electronically transmitted prescriptions,\nexcept that in the case of electronically transmitted prescriptions the\nlicensed pharmacist or pharmacy intern shall review the prescription to\ndetermine whether in his or her professional judgment it shall be\naccepted by the pharmacy, and if accepted, the licensed pharmacist or\npharmacy intern shall enter his or her initials into the records of the\npharmacy;\n (b) typing prescription labels;\n (c) keying prescription data for entry into a computer-generated file\nor retrieving prescription data from the file, provided that such\ncomputer-generated file shall provide for verification of all\ninformation needed to fill the prescription by a licensed pharmacist\nprior to the dispensing of the prescription, meaning that the licensed\npharmacist shall review and approve such information and enter his or\nher initials or other personal identifier into the recordkeeping system\nprior to the dispensing of the prescription or of the prescription\nrefill;\n (d) getting drugs from stock and returning them to stock;\n (e) getting prescription files and other manual records from storage\nand locating prescriptions;\n (f) counting dosage units of drugs;\n (g) placing dosage units of drugs in appropriate containers;\n (h) affixing the prescription label to the containers;\n (i) preparing manual records of dispensing for the signature or\ninitials of the licensed pharmacist;\n (j) handing or delivering completed prescriptions to the patient or\nthe person authorized to act on behalf of the patient and, in accordance\nwith the relevant commissioner's regulations, advising the patient or\nperson authorized to act on behalf of the patient of the availability of\ncounseling to be conducted by the licensed pharmacist or pharmacy\nintern; and\n (k) performing other functions as defined by the commissioner's\nregulations.\n 2. Except for a licensed pharmacist employed by a facility licensed in\naccordance with article twenty-eight of the public health law or a\npharmacy owned and operated by such a facility, as defined in article\none hundred thirty-seven-A of this title, no licensed pharmacist shall\nobtain the assistance of more than four unlicensed persons, in the\nperformance of the activities that do not require licensure, the total\nof such persons shall not exceed four individuals at any one time.\nPharmacy interns shall be exempt from such ratios, but shall be\nsupervised in accordance with the commissioner's regulations.\nIndividuals who are responsible for the act of placing drugs which are\nin unit-dose packaging into medication carts as part of an approved\nunit-dose drug distribution system for patients in institutional\nsettings shall be exempt from such ratio, provided that such individuals\nare not also engaged in performing the activities set forth in paragraph\n(b), (c), (d), (e), (f), (g), (h) or (i) of subdivision one of this\nsection. The licensed pharmacist shall provide the degree of supervision\nof such persons as may be appropriate to ensure compliance with the\nrelevant provisions of regulations of the commissioner.\n