Bill Text: NY S09074 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the commissioner of health, in consultation with the commissioner of education, the commissioner of mental health, and the state board of pharmacy, to promulgate and implement rules and regulations authorizing the use of automated patient dispensing and storage systems for distribution of prescription and non-prescription drugs and medical devices at certain facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-10-30 - REFERRED TO RULES [S09074 Detail]
Download: New_York-2019-S09074-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9074 IN SENATE October 30, 2020 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law and the public health law, in relation to directing the commissioner of health, in consultation with the commissioner of education, the commissioner of mental health, the state board of pharmacy and the commissioner of corrections and commu- nity supervision, to promulgate and implement rules and regulations authorizing the use of automated patient dispensing and storage systems for distribution of prescription and non-prescription drugs and medical devices at certain facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 6808 of the education law, as 2 amended by section 2 of part D of chapter 60 of the laws of 2014, is 3 amended to read as follows: 4 1. No person, firm, corporation or association shall possess drugs, 5 prescriptions or poisons for the purpose of compounding, dispensing, 6 retailing, wholesaling, or manufacturing, or shall offer drugs, 7 prescriptions or poisons for sale at retail or wholesale unless regis- 8 tered by the department as a pharmacy, wholesaler, manufacturer or 9 outsourcing facility; provided, however, that the provisions of this 10 section shall not prohibit the dispensing and/or storage of 11 prescriptions, drugs or medical devices through the use of an automated 12 patient dispensing and storage system as provided in section two hundred 13 eighty-d of the public health law and rules and regulations promulgated 14 pursuant to such section. 15 § 2. The public health law is amended by adding a new section 280-d to 16 read as follows: 17 § 280-d. Automated patient dispensing and storage systems. 1. The 18 commissioner, in consultation with the commissioner of education, the 19 commissioner of mental health, and the state board of pharmacy, shall 20 promulgate rules and regulations to authorize the licensing and use of 21 automated patient dispensing and storage systems as provided in this 22 section which shall include, but not be limited to, requiring that the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17346-03-0S. 9074 2 1 operator of an automated patient dispensing and storage system holds a 2 registration from the federal drug enforcement agency for the distrib- 3 ution of controlled substances. 4 2. Definitions. As used in this section: 5 (a) "Automated drug delivery system" or "ADDS" means a mechanical 6 system that performs operations or activities, other than compounding or 7 administration, relative to the storage, dispensing, or distribution of 8 drugs. An ADDS shall collect, control, and maintain all transaction 9 information to accurately track the movement of drugs into and out of 10 the system for security, accuracy, and accountability. 11 (b) "Automated patient dispensing and storage system" or "APDSS" means 12 an ADDS for storage and dispensing of drugs to medical personnel for 13 prompt administration to patients pursuant to prior authorization by a 14 pharmacist. 15 (c) "Covered entity" means a covered entity as defined in Section 256b 16 of Title 42 of the United States Code. 17 (d) "Drug" means a prescription drug, a non-prescription drug or over- 18 the-counter medication or supply, and/or a medical device. 19 (e) "Patient" means an individual for whom medication has been 20 prescribed by any person authorized to prescribe medication pursuant to 21 article one hundred thirty-one, one hundred thirty-one-b or one hundred 22 forty-one of the education law. 23 (f) "Pharmacy" means a pharmacy which holds a registration from the 24 federal drug enforcement agency for the distribution of controlled 25 substances. 26 3. Pursuant to the rules and regulations authorized by subdivision one 27 of this section, if all of the following conditions are met, a pharmacy 28 located in the state may provide pharmacy services through the use of an 29 automated patient dispensing system to patients of a covered entity 30 through an APDSS located on the premises of the covered entity or on the 31 premises of medical professional practices under contract to provide 32 medical services to covered entity patients, which need not be the same 33 location as the pharmacy: 34 (a) The pharmacy obtains a license from the state board of pharmacy to 35 operate the APDSS at the covered entity or an affiliated site. As part 36 of the application, the pharmacy shall provide the address at which the 37 APDSS shall be placed and identify the covered entity. A separate 38 license shall be required for each location and shall be renewed annual- 39 ly concurrent with the pharmacy license. The application and renewal fee 40 shall be three hundred dollars and may be increased to five hundred 41 dollars. The state board of pharmacy is authorized to lower the renewal 42 fee to not less than two hundred dollars if a lower fee level will 43 provide sufficient resources to support the regulatory activities. 44 (b) The pharmacy providing the pharmacy services to patients of a 45 covered entity, including, unless otherwise prohibited by any other law, 46 patients enrolled in the Medicare and Medicaid programs, shall be under 47 contract with that covered entity to provide those pharmacy services 48 through the use of the APDSS. 49 (c) Drugs stored in an APDSS shall be part of the inventory of the 50 pharmacy providing pharmacy services to patients and drugs dispensed 51 from the APDSS shall be considered to have been dispensed by that phar- 52 macy. 53 (d) The pharmacy shall maintain records of the acquisition and dispo- 54 sition of drugs stored in the APDSS separate from other pharmacy 55 records.S. 9074 3 1 (e) The pharmacy shall be solely responsible for the security, opera- 2 tion, and maintenance of the APDSS. 3 (f) The pharmacy shall provide training regarding the operation and 4 use of the APDSS to both pharmacy and covered entity personnel using the 5 system. 6 (g) The operation of the APDSS shall be under the supervision of a 7 pharmacist licensed pursuant to article one hundred thirty-seven of the 8 education law acting on behalf of the pharmacy providing services to 9 patients of the covered entity. The pharmacist need not be physically 10 present at the site of the APDSS and may supervise the system electron- 11 ically. 12 (h) The state board of pharmacy may issue a license for the operation 13 of an APDSS at an address for which it has issued another site license. 14 (i) The state board of pharmacy, within thirty days after receipt of 15 an application for an APDSS license, shall conduct a pre-licensure 16 inspection at the proposed location of the APDSS. Relocation of the 17 APDSS shall require a new application for licensure. Replacement of an 18 APDSS shall require notice to such board within thirty days. 19 (j) The APDSS license shall be canceled by operation of law if the 20 underlying pharmacy license is not current, valid, and active. Upon 21 reissuance or reinstatement of the underlying pharmacy license, a new 22 application for an APDSS license shall be submitted to the state board 23 of pharmacy, if so required by such board. 24 (k) A pharmacy that holds an APDSS license shall advise the state 25 board of pharmacy in writing within thirty days if use of the APDSS is 26 discontinued. 27 4. (a) An automated patient dispensing and storage system shall 28 collect, control, and maintain all transaction information to accurately 29 track the movement of drugs into and out of the system for security, 30 accuracy, and accountability. 31 (b) Transaction information shall be made readily available in a down- 32 loadable format for review and inspection by individuals authorized by 33 law to review such information. These records shall be maintained by the 34 pharmacy for a minimum of three years. 35 5. Access to the automated patient dispensing and storage system shall 36 be controlled and tracked using an identification or password system or 37 biosensor. A system that is accessed via a password system shall include 38 a camera that records a picture of the individual accessing the machine. 39 Picture records shall be maintained for a minimum of one hundred eighty 40 days. 41 6. The automated patient dispensing and storage system shall make a 42 complete and accurate record of all transactions that will include all 43 users accessing the APDSS and all drugs added to, or removed from, the 44 APDSS. 45 7. The stocking of an automated patient dispensing and storage system 46 shall be performed by a pharmacist. If the APDSS utilizes removable 47 pockets, cards, drawers, similar technology, or unit of use or single 48 dose containers as defined by the United States Pharmacopeia, the stock- 49 ing system may be done outside of the APDSS and be delivered to the 50 APDSS at the covered entity if all of the following conditions are met: 51 (a) The task of placing drugs into the removable pockets, cards, draw- 52 ers, similar technology, or unit of use or single dose containers is 53 performed by a pharmacist, or by an intern pharmacist or a pharmacy 54 technician working under the direct supervision of a pharmacist licensed 55 pursuant to article one hundred thirty-seven of the education law.S. 9074 4 1 (b) The removable pockets, cards, drawers, similar technology, or unit 2 of use or single dose containers are transported between the pharmacy 3 and the APDSS in a secure tamper-evidence container. 4 (c) The pharmacy, in conjunction with the covered entity, has devel- 5 oped policies and procedures to ensure that the removable pockets, 6 cards, drawers, similar technology, or unit of use or single dose 7 containers are properly placed into the automated patient dispensing and 8 storage system. 9 8. Review of the drugs contained within, and the operation and mainte- 10 nance of, the automated patient dispensing and storage system shall be 11 done in accordance with law and shall be the responsibility of the phar- 12 macy. The review shall be conducted on a monthly basis by a pharmacist 13 and shall include a physical inspection of the drugs in the APDSS, an 14 inspection of the APDSS machine for cleanliness, and a review of all 15 transaction records in order to verify the security and accountability 16 of the APDSS. 17 9. A pharmacy holding an automated patient dispensing and storage 18 system license shall complete an annual self-assessment, performed 19 pursuant to rules and regulations promulgated pursuant to this section, 20 evaluating the pharmacy's compliance with the education law and all 21 applicable rules and regulations relating to the use of the automated 22 patient dispensing and storage system. All information regarding opera- 23 tion, maintenance, compliance, error, omissions, or complaints pertain- 24 ing to the APDSS shall be included in the self-assessment. 25 10. The pharmacy shall comply with all recordkeeping and quality 26 assurance requirements pursuant to this section and article one hundred 27 thirty-seven of the education law and all applicable rules and regu- 28 lations and shall maintain those records within the pharmacy holding the 29 APDSS license and separately from other pharmacy records. 30 11. Rules and regulations providing for the implementation of the 31 provisions of this section within the facilities of all covered entities 32 shall be implemented within three hundred sixty-five days of the effec- 33 tive date of this section. 34 § 3. This act shall take effect immediately.
