S 4194: Prohibits publicly traded pharmacies with twenty or more stores in this state from establishing or enforcing quotas for duties performed by pharmacists and pharmacy technicians, including evaluating or measuring the number of prescriptions filled, services rendered, programs offered and revenue obtained.

  
  STATE OF NEW YORK ________________________________________________________________________ 4194 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to prohibiting certain chain pharmacies from establishing quotas for duties performed by pharmacists and pharmacy technicians The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6808 of the education law is amended by adding a 2 new subdivision 3 to read as follows: 3 3. Chain community pharmacies; registration. 4 a. Definitions. For the purposes of this subdivision: 5 (1) "Chain community pharmacy" means a publicly traded company having 6 at least twenty pharmacies in New York state under the same ownership. 7 (2) Except as provided in paragraph d of this subdivision, "quota" 8 means a fixed number or formula related to the duties for which a phar- 9 macist or pharmacy technician license is required, against which the 10 chain community pharmacy or its agent measures or evaluates the number 11 of times an individual pharmacist or pharmacy technician performs tasks 12 or provides services while on duty. 13 b. Obtaining a registration. A chain community pharmacy shall be 14 registered as follows: 15 (1) The application shall be made on a form prescribed by the depart- 16 ment. 17 (2) The application shall be accompanied by a fee of one thousand 18 dollars. 19 c. Prohibition of quotas. 20 (1) No chain community pharmacy, as defined in paragraph a of this 21 subdivision, shall establish, implement, or enforce any quota related to 22 the duties for which a pharmacist or pharmacy technician license is 23 required, including, but not limited to the following duties: 24 (A) Prescriptions filled. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05194-02-5 
 S. 4194 2 1 (B) Services rendered to patients. 2 (C) Programs offered to patients. 3 (D) Revenue obtained. 4 (2) No chain community pharmacy shall, through its employees, contrac- 5 tors, or third-parties, communicate the existence of any quota prohibit- 6 ed pursuant to this subdivision to any pharmacist or pharmacy technician 7 employed by such chain community pharmacy or with whom such chain commu- 8 nity pharmacy contracts for services. 9 d. Exceptions. 10 (1) Nothing in this subdivision shall prohibit a chain community phar- 11 macy from establishing policies and procedures that assist in assessing 12 the competency and performance of a pharmacist or pharmacy technician in 13 providing care to patients provided that any such policy or procedure 14 shall not include or employ a quota relating to the duties and services 15 described in subparagraph one of paragraph c of this subdivision. 16 (2) Nothing in this subdivision shall prohibit a chain community phar- 17 macy from establishing or implementing a fixed number against which such 18 chain community pharmacy or its agent measures or evaluates: 19 (A) The amount of revenue earned by a particular licensed chain commu- 20 nity pharmacy, provided such number is not calculated in relation to, or 21 measured by, the tasks performed, or services provided by, individual 22 pharmacists or pharmacy technicians. 23 (B) The competence, performance, or quality of care provided to 24 patients by a pharmacist or pharmacy technician, provided such evalu- 25 ation does not include an assessment of any of the duties or activities 26 described in paragraph c of this subdivision. 27 (3) Nothing in this subdivision shall prohibit a chain community phar- 28 macy from employing any performance metric required by state or federal 29 regulators, provided such performance metric does not measure or evalu- 30 ate the duties or activities described in paragraph c of this subdivi- 31 sion. 32 § 2. This act shall take effect on the ninetieth day after it shall 33 have become a law.