Bill Text: NY S05914 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to the automated storage and dispensing of controlled substances using an automated dispensing device at licensed nursing homes, residential health care facilities and hospices.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-16 - referred to higher education [S05914 Detail]
Download: New_York-2023-S05914-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5914--B 2023-2024 Regular Sessions IN SENATE March 22, 2023 ___________ Introduced by Sen. CHU -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on High- er Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the automated storage and dispensing of controlled substances using an automated dispensing device The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6802 of the education law is amended by adding a 2 new subdivision 30 to read as follows: 3 30. "Automated dispensing device (ADD)" shall mean a mechanical system 4 used in nursing homes and residential health care facilities licensed 5 pursuant to article twenty-eight of the public health law and hospices 6 certified pursuant to article forty of the public health law, that pack- 7 ages and labels patient specific medication or multiple medications for 8 the purposes of administration by a health care professional licensed to 9 administer medications by the state of New York based on a prescription 10 or order that has completed final verification by a licensed pharmacist. 11 § 2. The education law is amended by adding a new section 6809 to read 12 as follows: 13 § 6809. Automated storage and dispensing of medications. 1. For 14 purposes of this section, "automated dispensing device (ADD)" shall have 15 the same meaning as subdivision thirty of section sixty-eight hundred 16 two of this article. 17 2. The ADD and its contents shall remain the property of a pharmacy 18 registered under this article. The pharmacy shall maintain all 19 controls, record keeping as required by all laws, rules and regulations EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00901-06-3S. 5914--B 2 1 of the state. Pharmacies utilizing automated dispensing devices as 2 permitted under this section for routine medication dispensing of 3 controlled substances shall obtain a machine-specific federal Drug 4 Enforcement Administration (DEA-ADD) registration number, and the appro- 5 priate New York state licensing. 6 3. The pharmacy shall maintain records on site at the pharmacy (hard 7 copy or electronic) for not less than ten years, including but not 8 limited to: 9 a. documentation of the approval for use and placement of the ADD 10 received from the department and/or the board of pharmacy; 11 b. delivery manifests or similar electronic documentation that moni- 12 tors the transport of controlled substances between the pharmacy and 13 ADD; 14 c. ADD cleaning and maintenance logs or similar documentation; 15 d. records and/or electronic data of all events involving the ADD 16 including but not limited to: 17 (i) identity of all personnel who access the contents; 18 (ii) location of the system accessed; 19 (iii) type of transaction with date/time stamp; 20 (iv) name, strength, dosage form, and quantity of the accessed medica- 21 tion; 22 (v) name or other identifier of the patient for whom the medication 23 was ordered; 24 (vi) reconciliation of all controlled substance inventories at least 25 monthly. 26 4. The prepackaged cartridges or containers may be sent to a remote 27 site to be loaded into such machine by personnel designated by the phar- 28 macist-in-charge provided: 29 a. the individual cartridges or containers are transported to such 30 remote site in a secure, tamper-evident container; and 31 b. the automated pharmacy system uses bar-coding, microchip, or other 32 technologies to ensure that the containers are accurately loaded in the 33 automated pharmacy system. 34 5. Access to an ADD shall be restricted to authorized pharmacy and 35 facility nursing licensed personnel, registered pharmacy technicians, 36 and pharmacy aides as established by the facility administration in 37 conjunction with the pharmacist-in-charge. A list of such authorized 38 personnel shall be maintained at all times within the system and shall 39 be reviewed and updated periodically. 40 6. All medications, including controlled substances shall be dispensed 41 from an automated dispensing device pursuant to a valid, patient-specif- 42 ic prescription or order. 43 7. The pharmacy and the facility shall implement and maintain 44 adequate and appropriate policies, procedures and quality assurance 45 programs to ensure safety, accuracy, security, accountability, patient 46 confidentiality, and functionality with respect to administration and 47 usage of ADD. 48 8. The ADD will be monitored at the facility continuously by video and 49 under visual supervision by a pharmacist during the loading process. 50 9. Any losses of medication shall be reported in accordance with the 51 requirements of the servicing pharmacy's licensing body. 52 § 3. This act shall take effect on the sixtieth day after it shall 53 have become a law.
