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Advisory Notice: Automated Dispensing Machines

The New York State Department of Education (Department) has been made aware that pharmacy establishments have installed Automated Dispensing Machines (ADM) that store and provide prescription drugs for sale to customers outside of their respective registered pharmacy areas. The Department considers this to be a violation of state law.

As defined in Education Law §6802(1), a “pharmacy” means any place in which drugs, prescriptions or poisons are possessed for the purpose of compounding, preserving, dispensing or retailing, or in which drugs, prescriptions or poisons are compounded, preserved, dispensed or retailed, or in which such drugs, prescriptions or poisons are by advertising or otherwise offered for sale at retail.

Education Law §6808(1) prohibits an establishment from offering prescriptions drugs for retail sale unless properly registered by the Department as a pharmacy.

Pharmacy establishments located in New York must meet all requirements outlined in Title 8 NYCRR Part 63, Section 63.6.

Pharmacy establishments that operate these ADMs appear to be violating New York State law and may be subject to disciplinary and unprofessional conduct action.

Responsibility for compliance with all laws and regulations applicable to the conduct of a pharmacy is placed upon the ownership of the pharmacy and the Supervising Pharmacist.