Bill Text: NJ S3833 | 2020-2021 | Regular Session | Amended
Bill Title: Permits use of automated dispensing devices in long-term care facilities and hospice care programs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-01-10 - Passed by the Senate (39-0) [S3833 Detail]
Download: New_Jersey-2020-S3833-Amended.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Permits use of automated dispensing devices in long-term care facilities and hospice care programs.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on November 8, 2021, with amendments.
An Act concerning automated dispensing devices and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Automated dispensing device" means a mechanical automated medication system used in 1a1 long-term care 1[facilities] facility1 or 1a1 hospice care 1[programs] program1 that stores prescribed medications and dispenses those medications for the sole use of the residents 1[in a] of the1 long-term care 1facility1 or 1patients in the1 hospice care program 1, as applicable1 .
"Automated medication system" means the same as that term is defined in section 2 of P.L.2003, c.280 (C.45:14-41).
"Board" means the New Jersey State Board of Pharmacy.
"Emergency drug kit" means a select supply of commonly dispensed medications located in a licensed long-term care 1facility1 or 1a1 hospice care program for the immediate administration to a patient or resident upon the order of a licensed healthcare practitioner to meet the immediate therapeutic needs of a patient or resident when the required medications cannot be obtained from other sources within sufficient time to prevent the risk of harm to the patient by a delay.
"Hospice care program" means the same as that term is defined in section 1 of P.L.1997, c.78 (C.26:2H-79)
"Institutional pharmacy" means the area in a health care facility or a health care system licensed by the board as a pharmacy that maintains an institutional permit, including any areas of the health care facility or the health care system where pharmaceuticals are stored, compounded, or dispensed, and any areas within the health care facility or the health care system serviced by an outside vendor that performs on-site pharmaceutical services.
"Long-term care facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Pharmacist-in-charge" means the same as that term is defined in section 2 of P.L.2003, c.280 (C.45:14-41).
2. a. An institutional pharmacy for a long-term care facility or 1a1 hospice care program may utilize an automated dispensing device for routine medication dispensing and storage.
b. The
automated dispensing device shall remain the property of the pharmacy. The
pharmacy shall maintain all controls and record
keeping as 1is1 required 1[by all laws, rules, and regulations of the] under1 State and federal 1[government] law1 .
c. The pharmacy shall obtain a machine-specific federal Drug Enforcement Administration registration number for each automated dispensing device it maintains, unless the device is exclusively stocked for the dispensing of emergency drug kits for emergency administration.
d. The pharmacy shall obtain a license from the 1[New Jersey State Board of Pharmacy] board1 for each specific model of automated dispensing device it maintains. The pharmacy shall provide notice to the board if multiple automated dispensing devices of the same model, for which a license has already been granted to the pharmacy, are installed in a long-term care facility or hospice care program. The board shall retain its rights to regulate, inspect, and audit the pharmacy and any automated dispensing device, pursuant to subsection a. of section 9 of P.L.2003, c.280 (C.45:14-48).
3. a. Access to an automated dispensing device shall be restricted to authorized licensed personnel designated by the pharmacist-in-charge. A list of such authorized personnel shall be maintained at all times within the pharmacy system and shall be reviewed and updated periodically.
b. 1[All medications, including controlled substances, shall only] No medication, including a controlled dangerous substance, may1 be dispensed from an automated dispensing device 1[pursuant to] without1 a valid, patient-specific prescription or order 1for the medication1 .
c. 1[The prepackaged] Prepackaged1 cartridges 1[or] and1 containers may be sent to a remote site to be loaded into an automated dispensing device by personnel designated by the pharmacist-in-charge 1,1 provided:
(1) the individual cartridges or containers are transported to 1the1 remote 1[sites] site1 in a secure, tamper-evident container; and
(2) the automated pharmacy system uses bar-coding, 1[microchip] microchips1 , or other technologies to ensure that the 1cartridges or1 containers are accurately loaded in the automated pharmacy system.
d. Any loss of medication 1from or in connection with an automated dispensing device1 shall be reported in accordance with the requirements of the 1[New Jersey State Board of Pharmacy] board1 .
4. The New Jersey State Board of Pharmacy, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall promulgate rules and regulations to effectuate the provisions of this act.
5. This act shall take effect immediately.
