S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6182
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced  by M. of A. DINOWITZ, BORES, SIMON -- read once and referred
   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:
 
   Section  1.  Section  6802 of the education law is amended by adding a
 new subdivision 31 to read as follows:
   31. "AUTOMATED DISPENSING DEVICE (ADD)" SHALL MEAN A MECHANICAL SYSTEM
 USED IN NURSING HOMES AND RESIDENTIAL HEALTH  CARE  FACILITIES  LICENSED
 PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND HOSPICES
 CERTIFIED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH LAW, THAT PACK-
 AGES AND LABELS PATIENT SPECIFIC MEDICATION OR MULTIPLE MEDICATIONS  FOR
 THE PURPOSES OF ADMINISTRATION BY A HEALTH CARE PROFESSIONAL LICENSED TO
 ADMINISTER  MEDICATIONS BY THE STATE OF NEW YORK BASED ON A PRESCRIPTION
 OR ORDER THAT HAS COMPLETED FINAL VERIFICATION BY A LICENSED PHARMACIST.
   § 2. The education law is amended by adding a new section 6833 to read
 as follows:
   § 6833. AUTOMATED  STORAGE  AND  DISPENSING  OF  MEDICATIONS.  1.  FOR
 PURPOSES OF THIS SECTION, "AUTOMATED DISPENSING DEVICE (ADD)" SHALL HAVE
 THE  SAME  MEANING  AS  SUBDIVISION  THIRTY-ONE  OF  SECTION SIXTY-EIGHT
 HUNDRED TWO OF THIS ARTICLE.
   2. THE ADD AND ITS CONTENTS SHALL REMAIN THE PROPERTY  OF  A  PHARMACY
 REGISTERED  UNDER  THIS  ARTICLE.    THE  PHARMACY  SHALL  MAINTAIN  ALL
 CONTROLS, RECORD KEEPING AS REQUIRED BY ALL LAWS, RULES AND  REGULATIONS
 OF  THE  STATE.  PHARMACIES  UTILIZING  AUTOMATED  DISPENSING DEVICES AS
 PERMITTED UNDER  THIS  SECTION  FOR  ROUTINE  MEDICATION  DISPENSING  OF
 CONTROLLED  SUBSTANCES  SHALL  OBTAIN  A  MACHINE-SPECIFIC  FEDERAL DRUG
 ENFORCEMENT ADMINISTRATION (DEA-ADD) REGISTRATION NUMBER, AND THE APPRO-
 PRIATE NEW YORK STATE LICENSING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09313-01-5
              

 A. 6182                             2
 
   3.  THE PHARMACY SHALL MAINTAIN RECORDS ON SITE AT THE PHARMACY  (HARD
 COPY  OR  ELECTRONIC)  FOR  NOT  LESS  THAN TEN YEARS, INCLUDING BUT NOT
 LIMITED TO:
   A.  DOCUMENTATION  OF  THE  APPROVAL  FOR USE AND PLACEMENT OF THE ADD
 RECEIVED FROM THE DEPARTMENT AND/OR THE BOARD OF PHARMACY;
   B. DELIVERY MANIFESTS OR SIMILAR ELECTRONIC DOCUMENTATION  THAT  MONI-
 TORS  THE  TRANSPORT  OF  CONTROLLED SUBSTANCES BETWEEN THE PHARMACY AND
 ADD;
   C. ADD CLEANING AND MAINTENANCE LOGS OR SIMILAR DOCUMENTATION;
   D. RECORDS AND/OR ELECTRONIC DATA OF  ALL  EVENTS  INVOLVING  THE  ADD
 INCLUDING BUT NOT LIMITED TO:
   (I) IDENTITY OF ALL PERSONNEL WHO ACCESS THE CONTENTS;
   (II) LOCATION OF THE SYSTEM ACCESSED;
   (III) TYPE OF TRANSACTION WITH DATE/TIME STAMP;
   (IV) NAME, STRENGTH, DOSAGE FORM, AND QUANTITY OF THE ACCESSED MEDICA-
 TION;
   (V)  NAME  OR  OTHER IDENTIFIER OF THE PATIENT FOR WHOM THE MEDICATION
 WAS ORDERED;
   (VI) RECONCILIATION OF ALL CONTROLLED SUBSTANCE INVENTORIES  AT  LEAST
 MONTHLY.
   4.    THE PREPACKAGED CARTRIDGES OR CONTAINERS MAY BE SENT TO A REMOTE
 SITE TO BE LOADED INTO SUCH MACHINE BY PERSONNEL DESIGNATED BY THE PHAR-
 MACIST-IN-CHARGE PROVIDED:
   A. THE INDIVIDUAL CARTRIDGES OR CONTAINERS  ARE  TRANSPORTED  TO  SUCH
 REMOTE SITE IN A SECURE, TAMPER-EVIDENT CONTAINER; AND
   B.  THE AUTOMATED PHARMACY SYSTEM USES BAR-CODING, MICROCHIP, OR OTHER
 TECHNOLOGIES TO ENSURE THAT THE CONTAINERS ARE ACCURATELY LOADED IN  THE
 AUTOMATED PHARMACY SYSTEM.
   5.  ACCESS  TO  AN  ADD SHALL BE RESTRICTED TO AUTHORIZED PHARMACY AND
 FACILITY NURSING LICENSED PERSONNEL,  REGISTERED  PHARMACY  TECHNICIANS,
 AND  PHARMACY  AIDES  AS  ESTABLISHED  BY THE FACILITY ADMINISTRATION IN
 CONJUNCTION WITH THE PHARMACIST-IN-CHARGE.   A LIST OF  SUCH  AUTHORIZED
 PERSONNEL  SHALL  BE MAINTAINED AT ALL TIMES WITHIN THE SYSTEM AND SHALL
 BE REVIEWED AND UPDATED PERIODICALLY.
   6. ALL MEDICATIONS, INCLUDING CONTROLLED SUBSTANCES SHALL BE DISPENSED
 FROM AN AUTOMATED DISPENSING DEVICE PURSUANT TO A VALID, PATIENT-SPECIF-
 IC PRESCRIPTION OR ORDER.
   7.   THE PHARMACY  AND  THE  FACILITY  SHALL  IMPLEMENT  AND  MAINTAIN
 ADEQUATE  AND  APPROPRIATE  POLICIES,  PROCEDURES  AND QUALITY ASSURANCE
 PROGRAMS TO ENSURE SAFETY, ACCURACY, SECURITY,  ACCOUNTABILITY,  PATIENT
 CONFIDENTIALITY,  AND  FUNCTIONALITY  WITH RESPECT TO ADMINISTRATION AND
 USAGE OF ADD.
   8. THE ADD WILL BE MONITORED AT THE FACILITY CONTINUOUSLY BY VIDEO AND
 UNDER VISUAL SUPERVISION BY A PHARMACIST DURING THE LOADING PROCESS.
   9. ANY LOSSES OF MEDICATION SHALL BE REPORTED IN ACCORDANCE  WITH  THE
 REQUIREMENTS OF THE SERVICING PHARMACY'S LICENSING BODY.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.