NY State Senate Bill 2025-S4888

Senate Bill S4888

2025-2026 Legislative Session

Relates to the automated storage and dispensing of controlled substances using an automated dispensing device

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2025	referred to higher education

2025-S4888 (ACTIVE) - Details

See Assembly Version of this Bill:: A6182
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6802, add §6833, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8474, A10784
2021-2022: S4102, A2463, A5512
2023-2024: S5914, A2132

2025-S4888 (ACTIVE) - Summary

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.

2025-S4888 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4888

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the education law, in relation to the automated storage
and dispensing of controlled substances using an automated dispensing
device

 
PURPOSE:

Permits the use of Automated Dispensing Devices (ADD) within health care
facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds subdivision 29 to § 6802 of the education
law to define automated dispensing devices (ADD) as a mechanical system
used in nursing homes, residential health care facilities, and hospices
that packages and labels patient specific medication or multiple medica-
tions for the purposes of administration by a health care professional
based on a prescription or order that has completed final verification

by a licensed pharmacist.

Section two of the bill adds § 6809 the education law. Subdivision one
states "automated dispensing device (ADD)" has the same meaning as
subdivision twenty-nine of section sixty-eight hundred two of this arti-
cle.

Subdivision 2 provides that the ADD shall remain property a pharmacy
licensed in NYS, which will maintain all controls, required record keep-
ing and obtain all licensing required by state and federal laws.

Subdivision 3 requires record keeping by hard or electronic copy for a
minimum of ten years.

Subdivision 4 sets procedures for loading prepackaged cartridges or
containers into ADD by personnel designated by the pharmacist in charge.

Subdivision 5 sets who has access to the ADD and requires a list of
authorized personnel to be maintained within the ADD system, updated,
and reviewed periodically.

Subdivision 6 requires all medications dispensed through ADD to be
pursuant to a valid, patient-specific prescription or order.

Subdivision 7 requires the pharmacy and facility to implement and main-
tain policies, procedures, and programs to ensure safety, accuracy,
accountability, patient confidentiality, and functionality with respect
to the ADD.

Subdivision 8 requires the ADD at the facility to be continuously video
monitored by the pharmacist during loading.

Subdivision 9 requires any losses of medication to be reported according
to the requirements of the servicing pharmacists' licensing body.

Section three of the bill provides an effective date.

 
JUSTIFICATION:

Automated dispensing devices (ADD)s prevent delays in first-dose deliv-
ery, loss of doses, and medication diversion, while also increasing
patient safety by providing a good balance of security, accessibility,
and inventory control. With Automated Dispensing Devices, all medica-
tions are packaged resident specifically, one shift (8 hours) at a time,
as opposed to the current "30-day supply" paid for by Medicaid. This
means Medicaid is only paying for medication tablets packaged, not the
full prescription up front.  Nurses need updated tools to assist with
patient care and ADDs are that modern technology. They streamline the
nurse-pharmacy process thus enabling nurses to be more available for
direct patient care.  ADDs remove human error in dispensing to the
greatest extent practicable, particularly when it comes to reading
doctors' handwritten instructions. Additionally, they save health care
professional time by ending end of-shift medication counts.

 
LEGISLATIVE HISTORY:

2021-2022: S4102A (SAVINO) / A5512A (Dinowitz) - Passed Senate / Died in
Assembly

2020: S8474 (SAVINO) / A10784 (Dinowitz): Passed Senate / Died in Assem-
bly

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
60 days after signed into law.

2025-S4888 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4888
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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

 S. 4888                             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.

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