NY State Senate Bill 2019-S9051

Senate Bill S9051

2019-2020 Legislative Session

Directs the commissioner of corrections and community supervision to promulgate and implement rules authorizing the use of automated patient dispensing and storage systems in correctional facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Oct 14, 2020	referred to rules

2019-S9051 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §6808, Ed L; add §280-d, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S59

2019-S9051 (ACTIVE) - Summary

Directs the commissioner of corrections and community supervision, in consultation with the commissioner of health, 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 in correctional facilities.

2019-S9051 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9051

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the education law and the public health law, in relation
to directing the commissioner of corrections and community supervision,
in consultation with the commissioner of health, 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 distrib-
ution of prescription and non-prescription drugs and medical devices in
correctional facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to direct the commissioner of corrections and
community supervision to promulgate and implement rules authorizing the
use of automated patient dispensing and storage systems in correctional
facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subdivision 1 of section 6808 of the education law, as
amended by section 2 of part D of chapter 60 of the laws of 2014, is
amended to read as follows: no person, firm, corporation or association
shall possess drugs, prescriptions or poisons for the purpose of
compounding, dispensing, retailing, wholesaling, or manufacturing, or
shall offer drugs, prescriptions or poisons for sale at retail or whole-
sale unless registered by the department as a pharmacy, wholesaler,
manufacturer or outsourcing facility; 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.

 
JUSTIFICATION:

The bill aims to reduce administering or dispensing prescription drugs
to inmates by the correctional department. Several inmates incarcerated
in New York State depend on prescription drugs.  According to the Vera
Institute of Justice, 77073 inmates were housed in New York State county
jails or state prisons in 2015. The medication-dispensing machines seek
to streamline the process by linking the correctional facilities data-
bases to how prescriptions are dispensed.

Correctional facilities in New York State will benefit from this tech-
nology because it a modernized process that helps to save time, money;
and decrease waste. For instance, if an inmate transfers from one facil-
ity to the next, his medication record would be easily accessible. With-
out this technology, the inmate; might even be released during the time
it took the medical staff to prepare the medication, and no one will
know of it. With the help of the automated drug-dispensing machine, the
inmate's former correctional facility will not have to either retain or
dispose of his medication.

The automated drug-dispensing machine can be efficient in reducing the
risk of medication contamination; the medications are stored in a safe
and sterile environment. The automated drug dispensing machine is
currently in use at correctional facilities such as; San Bernardino
County, California, and the State of Florida. The technology will make
it easy for both in-house pharmacists and correctional facility health-
care workers. The automated drug dispensing machine system does not only
link the correctional facilities and pharmacies together; it updates in
real-time when an inmate/patient moves. The automated patient dispensing
machine or storage ensures accuracy by maintaining records of all the
medications that were either packaged or dispersed.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take immediately.

2019-S9051 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9051
 
                             I N  S E N A T E
 
                             October 14, 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  corrections  and  community  super-
   vision,  in  consultation with the commissioner of health, the commis-
   sioner 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 in correctional facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 6808 of the education law, as
 amended by section 2 of part D of chapter 60 of the  laws  of  2014,  is
 amended to read as follows:
   1.  No  person,  firm, corporation or association shall possess drugs,
 prescriptions or poisons for the  purpose  of  compounding,  dispensing,
 retailing,   wholesaling,   or  manufacturing,  or  shall  offer  drugs,
 prescriptions or poisons for sale at retail or wholesale  unless  regis-
 tered  by  the  department  as  a  pharmacy, wholesaler, manufacturer or
 outsourcing facility; 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.
   § 2. The public health law is amended by adding a new section 280-d to
 read as follows:
   § 280-D. AUTOMATED PATIENT DISPENSING  AND  STORAGE  SYSTEMS;  USE  IN
 CORRECTIONAL FACILITIES. 1. THE COMMISSIONER OF CORRECTIONS AND COMMUNI-
 TY  SUPERVISION,  IN  CONSULTATION  WITH THE COMMISSIONER OF HEALTH, THE
 COMMISSIONER OF EDUCATION, THE COMMISSIONER OF MENTAL  HEALTH,  AND  THE
 STATE  BOARD  OF  PHARMACY,  SHALL  PROMULGATE  RULES AND REGULATIONS TO
 AUTHORIZE THE LICENSING AND USE  OF  AUTOMATED  PATIENT  DISPENSING  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17344-05-0

 S. 9051                             2
 
 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 STORAGE 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 TO MEDICAL PERSONNEL FOR
 PROMPT ADMINISTRATION TO PATIENTS PURSUANT TO PRIOR AUTHORIZATION  BY  A
 PHARMACIST.
   (C)"CORRECTIONAL FACILITY" MEANS A CORRECTIONAL FACILITY AS DEFINED IN
 SECTION TWO OF THE CORRECTION LAW.
   (D) "DRUG" MEANS A PRESCRIPTION DRUG, A NON-PRESCRIPTION DRUG OR OVER-
 THE-COUNTER MEDICATION OR SUPPLY, AND/OR A MEDICAL DEVICE.
   (E)  "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.
   (F) "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 FOR USE BY MEDICAL PERSONNEL FOR THE
 ADMINISTRATION  OF DRUGS TO PATIENTS CONFINED TO A CORRECTIONAL FACILITY
 THROUGH AN APDSS LOCATED ON THE PREMISES OF THE CORRECTIONAL FACILITY:
   (A) THE PHARMACY OBTAINS A LICENSE FROM THE STATE BOARD OF PHARMACY TO
 OPERATE THE APDSS AT THE CORRECTIONAL FACILITY.  AS PART OF THE APPLICA-
 TION, THE PHARMACY SHALL PROVIDE THE ADDRESS AT WHICH THE APDSS SHALL BE
 PLACED AND IDENTIFY THE CORRECTIONAL FACILITY. 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  PHARMACY IS AUTHORIZED TO LOWER THE RENEWAL FEE TO NOT
 LESS THAN TWO HUNDRED DOLLARS IF A LOWER FEE LEVEL WILL  PROVIDE  SUFFI-
 CIENT RESOURCES TO SUPPORT THE REGULATORY ACTIVITIES.
   (B)  THE  PHARMACY  PROVIDING  THE  PHARMACY  SERVICES TO THE PATIENTS
 CONFINED TO A CORRECTIONAL FACILITY, INCLUDING, UNLESS OTHERWISE PROHIB-
 ITED BY ANY OTHER LAW, PATIENTS ENROLLED IN THE  MEDICARE  AND  MEDICAID
 PROGRAMS,  SHALL  BE  UNDER  CONTRACT WITH THAT CORRECTIONAL FACILITY TO
 PROVIDE THOSE PHARMACY SERVICES THROUGH THE USE OF THE APDSS.
   (C) DRUGS STORED IN AN APDSS SHALL BE PART OF  THE  INVENTORY  OF  THE
 PHARMACY PROVIDING PHARMACY SERVICES TO THE PATIENTS AND DRUGS DISPENSED
 FROM  THE APDSS SHALL BE CONSIDERED TO HAVE BEEN DISPENSED BY THAT PHAR-
 MACY.
   (D) THE PHARMACY SHALL MAINTAIN RECORDS OF THE ACQUISITION AND  DISPO-
 SITION  OF  DRUGS  STORED  IN  THE  APDSS  SEPARATE  FROM OTHER PHARMACY
 RECORDS.

 S. 9051                             3
 
   (E) THE PHARMACY SHALL BE SOLELY RESPONSIBLE  FOR  THE  OPERATION  AND
 MAINTENANCE OF THE APDSS. THE APDSS SHALL BE DEEMED TO BE UNDER THE DUAL
 SECURITY OF THE PHARMACY AND THE CORRECTIONAL FACILITY.
   (F)  THE  PHARMACY  SHALL PROVIDE TRAINING REGARDING THE OPERATION AND
 USE OF THE APDSS TO BOTH PHARMACY AND  CORRECTIONAL  FACILITY  PERSONNEL
 USING THE SYSTEM.
   (G)  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 PROVIDING SERVICES TO THE
 PATIENTS CONFINED TO A CORRECTIONAL FACILITY. THE PHARMACIST NEED NOT BE
 PHYSICALLY PRESENT AT THE SITE OF THE APDSS AND MAY SUPERVISE THE SYSTEM
 ELECTRONICALLY.
   (H)  THE STATE BOARD OF PHARMACY MAY ISSUE A LICENSE FOR THE OPERATION
 OF AN APDSS AT AN ADDRESS FOR WHICH IT HAS ISSUED ANOTHER SITE LICENSE.
   (I) THE STATE BOARD OF PHARMACY, WITHIN THIRTY DAYS AFTER  RECEIPT  OF
 AN  APPLICATION  FOR  AN  APDSS  LICENSE,  SHALL CONDUCT A PRE-LICENSURE
 INSPECTION AT THE PROPOSED LOCATION OF  THE  APDSS.  RELOCATION  OF  THE
 APDSS  SHALL REQUIRE A NEW APPLICATION FOR LICENSURE.  REPLACEMENT OF AN
 APDSS SHALL REQUIRE NOTICE TO SUCH BOARD WITHIN THIRTY DAYS.
   (J) THE APDSS LICENSE SHALL BE CANCELED BY OPERATION  OF  LAW  IF  THE
 UNDERLYING  PHARMACY  LICENSE  IS  NOT  CURRENT, VALID, AND ACTIVE. UPON
 REISSUANCE OR REINSTATEMENT OF THE UNDERLYING PHARMACY  LICENSE,  A  NEW
 APPLICATION  FOR  AN APDSS LICENSE SHALL BE SUBMITTED TO THE STATE BOARD
 OF PHARMACY, IF SO REQUIRED BY SUCH BOARD.
   (K) A PHARMACY THAT HOLDS AN APDSS  LICENSE  SHALL  ADVISE  THE  STATE
 BOARD  OF  PHARMACY IN WRITING WITHIN THIRTY DAYS IF USE OF THE APDSS IS
 DISCONTINUED.
   4. (A) AN  AUTOMATED  PATIENT  DISPENSING  AND  STORAGE  SYSTEM  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) TRANSACTION INFORMATION SHALL BE MADE READILY AVAILABLE IN A DOWN-
 LOADABLE FORMAT FOR REVIEW AND INSPECTION BY INDIVIDUALS  AUTHORIZED  BY
 LAW TO REVIEW SUCH INFORMATION. THESE RECORDS SHALL BE MAINTAINED BY THE
 PHARMACY FOR A MINIMUM OF THREE YEARS.
   5. ACCESS TO THE AUTOMATED PATIENT DISPENSING AND STORAGE SYSTEM SHALL
 BE  CONTROLLED AND TRACKED USING AN IDENTIFICATION OR PASSWORD SYSTEM OR
 BIOSENSOR. A SYSTEM THAT IS ACCESSED VIA A PASSWORD SYSTEM SHALL INCLUDE
 A CAMERA THAT RECORDS A PICTURE OF THE INDIVIDUAL ACCESSING THE MACHINE.
 PICTURE RECORDS SHALL BE MAINTAINED FOR A MINIMUM OF ONE HUNDRED  EIGHTY
 DAYS.
   6.  THE  AUTOMATED  PATIENT DISPENSING AND STORAGE SYSTEM SHALL MAKE A
 COMPLETE AND ACCURATE RECORD OF ALL TRANSACTIONS THAT WILL  INCLUDE  ALL
 USERS  ACCESSING  THE APDSS AND ALL DRUGS ADDED TO, OR REMOVED FROM, THE
 APDSS.
   7. THE STOCKING OF AN AUTOMATED PATIENT DISPENSING AND STORAGE  SYSTEM
 SHALL  BE  PERFORMED  BY  A  PHARMACIST. IF THE APDSS UTILIZES REMOVABLE
 POCKETS, CARDS, DRAWERS, SIMILAR TECHNOLOGY, OR UNIT OF  USE  OR  SINGLE
 DOSE CONTAINERS AS DEFINED BY THE UNITED STATES PHARMACOPEIA, THE STOCK-
 ING  SYSTEM  MAY  BE  DONE  OUTSIDE OF THE APDSS AND BE DELIVERED TO THE
 CORRECTIONAL FACILITY IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
   (A) THE TASK OF PLACING DRUGS INTO THE REMOVABLE POCKETS, CARDS, DRAW-
 ERS, SIMILAR TECHNOLOGY, OR UNIT OF USE OR  SINGLE  DOSE  CONTAINERS  IS
 PERFORMED  BY  A  PHARMACIST,  OR  BY AN INTERN PHARMACIST OR A PHARMACY
 TECHNICIAN WORKING UNDER THE DIRECT SUPERVISION OF A PHARMACIST LICENSED
 PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.

 S. 9051                             4
 
   (B) THE REMOVABLE POCKETS, CARDS, DRAWERS, SIMILAR TECHNOLOGY, OR UNIT
 OF USE OR SINGLE DOSE CONTAINERS ARE TRANSPORTED  BETWEEN  THE  PHARMACY
 AND THE APDSS IN A SECURE TAMPER-EVIDENCE CONTAINER.
   (C)  THE  PHARMACY, IN CONJUNCTION WITH THE CORRECTIONAL FACILITY, HAS
 DEVELOPED POLICIES AND PROCEDURES TO ENSURE THAT THE REMOVABLE  POCKETS,
 CARDS,  DRAWERS,  SIMILAR  TECHNOLOGY,  OR  UNIT  OF  USE OR SINGLE DOSE
 CONTAINERS ARE PROPERLY PLACED INTO THE AUTOMATED PATIENT DISPENSING AND
 STORAGE SYSTEM.
   8. REVIEW OF THE DRUGS CONTAINED WITHIN, AND THE OPERATION AND MAINTE-
 NANCE OF, THE AUTOMATED PATIENT DISPENSING AND STORAGE SYSTEM  SHALL  BE
 DONE IN ACCORDANCE WITH LAW AND RULES AND REGULATIONS PROMULGATED PURSU-
 ANT  TO  THIS   SECTION AND SHALL BE THE RESPONSIBILITY OF THE PHARMACY.
 THE REVIEW SHALL BE CONDUCTED ON A MONTHLY BASIS  BY  A  PHARMACIST  AND
 SHALL  INCLUDE  A  PHYSICAL  INSPECTION  OF  THE  DRUGS IN THE APDSS, AN
 INSPECTION OF THE APDSS MACHINE FOR CLEANLINESS, AND  A  REVIEW  OF  ALL
 TRANSACTION  RECORDS  IN ORDER TO VERIFY THE SECURITY AND ACCOUNTABILITY
 OF THE APDSS.
   9. A PHARMACY HOLDING AN  AUTOMATED  PATIENT  DISPENSING  AND  STORAGE
 SYSTEM  LICENSE  SHALL  COMPLETE  AN  ANNUAL  SELF-ASSESSMENT, PERFORMED
 PURSUANT TO RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS  SECTION,
 EVALUATING  THE  PHARMACY'S  COMPLIANCE  WITH  THE EDUCATION LAW AND ALL
 APPLICABLE RULES AND REGULATIONS RELATING TO THE USE  OF  THE  AUTOMATED
 PATIENT  DISPENSING AND STORAGE SYSTEM. ALL INFORMATION REGARDING OPERA-
 TION, MAINTENANCE, COMPLIANCE, ERROR, OMISSIONS, OR COMPLAINTS  PERTAIN-
 ING TO THE APDSS SHALL BE INCLUDED IN THE SELF-ASSESSMENT.
   10.  THE  PHARMACY  SHALL  COMPLY  WITH  ALL RECORDKEEPING AND QUALITY
 ASSURANCE REQUIREMENTS PURSUANT TO THIS SECTION AND ARTICLE ONE  HUNDRED
 THIRTY-SEVEN  OF THE EDUCATION LAW AND RULES AND REGULATIONS PROMULGATED
 PURSUANT TO THIS  SECTION, AND SHALL MAINTAIN THOSE RECORDS  WITHIN  THE
 PHARMACY  HOLDING  THE  APDSS LICENSE AND SEPARATELY FROM OTHER PHARMACY
 RECORDS.
   11. RULES AND REGULATIONS PROVIDING  FOR  THE  IMPLEMENTATION  OF  THE
 PROVISIONS  OF  THIS  SECTION  WITHIN  CORRECTIONAL  FACILITIES SHALL BE
 IMPLEMENTED BY THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPERVISION
 WITHIN  THREE  HUNDRED  SIXTY-FIVE  DAYS  OF  THE EFFECTIVE DATE OF THIS
 SECTION.
   § 3. This act shall take effect immediately.

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