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.

Statutes affected:
S4888: 6802 education law