New York Senate Bill S04888 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4888 2025-2026 Regular Sessions  IN SENATE February 13, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- 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 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 31 to read as follows: 3 31. "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 6833 to read 12 as follows: 13 § 6833. 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-one of section sixty-eight 16 hundred 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 20 of the state. Pharmacies utilizing automated dispensing devices as 21 permitted under this section for routine medication dispensing of 22 controlled substances shall obtain a machine-specific federal Drug 23 Enforcement Administration (DEA-ADD) registration number, and the appro- 24 priate New York state licensing. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09313-01-5 
 S. 4888 2 1 3. The pharmacy shall maintain records on site at the pharmacy (hard 2 copy or electronic) for not less than ten years, including but not 3 limited to: 4 a. documentation of the approval for use and placement of the ADD 5 received from the department and/or the board of pharmacy; 6 b. delivery manifests or similar electronic documentation that moni- 7 tors the transport of controlled substances between the pharmacy and 8 ADD; 9 c. ADD cleaning and maintenance logs or similar documentation; 10 d. records and/or electronic data of all events involving the ADD 11 including but not limited to: 12 (i) identity of all personnel who access the contents; 13 (ii) location of the system accessed; 14 (iii) type of transaction with date/time stamp; 15 (iv) name, strength, dosage form, and quantity of the accessed medica- 16 tion; 17 (v) name or other identifier of the patient for whom the medication 18 was ordered; 19 (vi) reconciliation of all controlled substance inventories at least 20 monthly. 21 4. The prepackaged cartridges or containers may be sent to a remote 22 site to be loaded into such machine by personnel designated by the phar- 23 macist-in-charge provided: 24 a. the individual cartridges or containers are transported to such 25 remote site in a secure, tamper-evident container; and 26 b. the automated pharmacy system uses bar-coding, microchip, or other 27 technologies to ensure that the containers are accurately loaded in the 28 automated pharmacy system. 29 5. Access to an ADD shall be restricted to authorized pharmacy and 30 facility nursing licensed personnel, registered pharmacy technicians, 31 and pharmacy aides as established by the facility administration in 32 conjunction with the pharmacist-in-charge. A list of such authorized 33 personnel shall be maintained at all times within the system and shall 34 be reviewed and updated periodically. 35 6. All medications, including controlled substances shall be dispensed 36 from an automated dispensing device pursuant to a valid, patient-specif- 37 ic prescription or order. 38 7. The pharmacy and the facility shall implement and maintain 39 adequate and appropriate policies, procedures and quality assurance 40 programs to ensure safety, accuracy, security, accountability, patient 41 confidentiality, and functionality with respect to administration and 42 usage of ADD. 43 8. The ADD will be monitored at the facility continuously by video and 44 under visual supervision by a pharmacist during the loading process. 45 9. Any losses of medication shall be reported in accordance with the 46 requirements of the servicing pharmacy's licensing body. 47 § 3. This act shall take effect on the sixtieth day after it shall 48 have become a law.