A 5994 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 6808 of the education law.

• Section 6808 of the education law

  ; provided, however, that the provisions of this section shall not prohibit the dispensing and/or storage of prescriptions, drugs or medical devices through the use of an automated patient dispensing and storage system as provided in section two hundred eighty-d of the public health law and rules and regulations promulgated pursuant to such section § 280-d. Automated patient dispensing and storage systems at pharma- cies. 1. The commissioner, in consultation with the commissioner of education, the commissioner of mental health, and the state board of italics pharmacy, shall promulgate rules and regulations to authorize the licensing and use of automated patient dispensing and storage systems as provided in this section which shall include, but not be limited to, requiring that the operator of an automated patient dispensing and stor- age system holds a registration from the federal drug enforcement agency for the distribution of controlled substances. 2. Definitions. As used in this section: (a) "Automated drug delivery system" or "ADDS" means a mechanical system that performs operations or activities, other than compounding or administration, relative to the storage, dispensing, or distribution of drugs. An ADDS shall collect, control, and maintain all transaction information to accurately track the movement of drugs into and out of the system for security, accuracy, and accountability. (b) "Automated patient dispensing and storage system" or "APDSS" means an ADDS for storage and dispensing of drugs directly to patients pursu- ant to prior authorization by a pharmacist. (c) "Drug" means a prescription drug, a non-prescription drug or over- the-counter medication or supply, and/or a medical device. (d) "Patient" means an individual for whom medication has been prescribed by any person authorized to prescribe medication pursuant to article one hundred thirty-one, one hundred thirty-one-b or one hundred forty-one of the education law. (e) "Pharmacy" means a pharmacy which holds a registration from the federal drug enforcement agency for the distribution of controlled substances. 3. Pursuant to the rules and regulations authorized by subdivision one of this section, if all of the following conditions are met, a pharmacy located in the state may provide pharmacy services through the use of an automated patient dispensing system to individual patients as described in subdivision five of this section: (a) The pharmacy obtains a license from the state board of pharmacy to operate the APDSS at or adjacent to the pharmacy, as applicable. As part of the application, the pharmacy shall provide the address at which the APDSS shall be placed. A separate license shall be required for each location and shall be renewed annually concurrent with the pharmacy license. The application and renewal fee shall be three hundred dollars and may be increased to five hundred dollars. The state board of phar- macy is authorized to lower the renewal fee to not less than two hundred dollars if a lower fee level will provide sufficient resources to support the regulatory activities. (b) Drugs stored in an APDSS shall be part of the inventory of the pharmacy providing pharmacy services to patients and drugs dispensed from the APDSS shall be considered to have been dispensed by that phar- macy. (c) The pharmacy shall maintain records of the acquisition and dispo- sition of drugs stored in the APDSS separate from other pharmacy records. (d) The pharmacy shall be solely responsible for the security, opera- tion, and maintenance of the APDSS. (e) The pharmacy shall provide training regarding the operation and use of the APDSS to pharmacy personnel using the system. (f) The operation of the APDSS shall be under the supervision of a pharmacist licensed pursuant to article one hundred thirty-seven of the education law acting on behalf of the pharmacy. The pharmacist need not be physically present at the site of the APDSS and may supervise the system electronically.

  amended

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