Bill Text: NY A10784 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the automated storage and dispensing of controlled substances using an automated dispensing device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-10 - referred to higher education [A10784 Detail]
Download: New_York-2019-A10784-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10784 IN ASSEMBLY July 10, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the public health 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 29 to read as follows: 3 29. "Automated dispensing device (ADD)" shall mean a mechanical system 4 designed for use in health care facilities allowing for computer-cont- 5 rolled storage, packaging and dispensing of drugs and devices to 6 licensed health care professionals near the point of care. 7 § 2. The public health law is amended by adding a new section 280-d to 8 read as follows: 9 § 280-d. Automated storage and dispensing of controlled substances. 1. 10 For purposes of this section, "automated dispensing device (ADD)" shall 11 mean a mechanical system designed for use in health care facilities 12 allowing for computer-controlled storage, packaging and dispensing of 13 drugs and devices to licensed health care professionals near the point 14 of care. 15 2. Notwithstanding any provision of law, rule or regulation to the 16 contrary, licensed health care facilities throughout the state shall be 17 permitted to use automated dispensing devices to store, package and 18 dispense medications, including controlled substances, as authorized by 19 such facility's licensing body. 20 3. The ADD and its contents shall remain the property of the pharmacy. 21 4. Licensed health care facilities shall implement and maintain 22 adequate and appropriate policies, procedures and quality assurance 23 programs to ensure safety, accuracy, security, accountability, patient 24 confidentiality and functionally with respect to the administration and 25 usage of automated dispensing devices. 26 5. Access to an automated dispensing device within a licensed health 27 care facility shall be restricted to authorized licensed personnel, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16526-02-0A. 10784 2 1 a list of such authorized personnel shall be maintained at all times 2 within the system and shall be reviewed and updated periodically. 3 6. All medications, including controlled substances shall be dispensed 4 from an automated dispensing device pursuant to a valid, patient-specif- 5 ic prescription or order. 6 7. The servicing pharmacy shall maintain records on-site for a period 7 of not less than five years with respect to the use of automated 8 dispensing devices. Such records shall include: 9 (a) documentation of the approval for use and placement of an auto- 10 mated dispensing device by such licensed health care facility from such 11 facility's licensing body, if applicable; 12 (b) the location of all automated dispensing devices being used at 13 such facility; 14 (c) delivery manifests or similar electronic documentation which moni- 15 tors the transport of controlled substances between the servicing phar- 16 macy and the automated dispensing device; 17 (d) automated dispensing device maintenance and cleaning logs, or 18 similar documentation; 19 (e) documentation or electronic data of all events involving an auto- 20 mated dispensing device, including, but not limited to: 21 (i) the identity of personnel who have accessed the contents of such 22 device; 23 (ii) the location of the device accessed; 24 (iii) the type of transaction, including a date and time stamp; 25 (iv) the name, strength, dosage form and quantity of an accessed prod- 26 uct; 27 (v) the name or other identifier of the patient for whom the 28 controlled substance was ordered; and 29 (vi) reconciliation of all inventory activities. 30 8. Any losses of medication shall be reported in accordance with the 31 requirements of the servicing pharmacy's licensing body. 32 9. Servicing pharmacies utilizing automated dispensing devices in 33 licensed health care facilities for routine medication dispensing, for 34 emergency medication kits or other similar approved use, shall be loaded 35 by either a: 36 (a) pharmacy technician, pharmacy intern, or pharmacist; or 37 (b) licensed nurse. 38 10. Servicing pharmacies utilizing automated dispensing devices in 39 licensed health care facilities for routine medication dispensing of 40 controlled substances shall obtain a machine-specific federal Drug 41 Enforcement Agency (DEA) registration number, and appropriate New York 42 state licensing. 43 11. Servicing pharmacies utilizing automated dispensing devices in 44 licensed health care facilities for routine medication dispensing shall 45 ensure that such device is continually monitored by video. 46 § 3. This act shall take effect immediately.
