Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
SYNOPSIS
Requires all prescriptions be transmitted electronically, subject to certain exceptions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning electronic prescriptions, amending various parts of the statutory law, and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1977, c.240 (C.24:6E-7) is amended to read as follows:
8. Every prescription blank shall be imprinted with the words, "substitution permissible" and "do not substitute" and shall contain space for the physician's or other authorized prescriber's initials next to the chosen option, and each prescription issued electronically using an electronic health records system shall include a section for the physician or other authorized prescriber to explicitly indicate that substitution is permissible for that prescription or that substitution is not permissible for that prescription. Notwithstanding any other law, unless the physician or other authorized prescriber explicitly [states] indicates that there shall be no substitution when transmitting [an oral] a prescription or, in the case of a written prescription, indicates that there shall be no substitution by initialing the prescription blank next to "do not substitute," a different brand name or nonbrand name drug product of the same established name shall be dispensed by a pharmacist if such different brand name or nonbrand name drug product shall reflect a lower cost to the consumer and is contained in the latest list of interchangeable drug products published by the council; provided, however, where the prescriber indicates "substitution permissible, and requests the pharmacist to notify [him] the prescriber of the substitution," the pharmacist shall transmit notice, either orally [or] , by written notice to be transmitted no later than the end of the business day using an electronic health records system, or by such other means as may authorized by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, to the prescriber specifying the drug product actually dispensed and the name of the manufacturer thereof. However, no drug interchange shall be made unless a savings to the consumer results, and the pharmacist passes such savings on to the consumer in full by charging no more than the regular and customary retail price for the drug to be substituted. For prescriptions filled other than by mail, the consumer may, if a substitution is indicated and prior to having [his] the consumers prescription filled, request the pharmacist or [his] the pharmacists agent to inform [him] the consumer of the price savings that would result from substitution. If the consumer is not satisfied with said price savings [he] the consumer may, upon request, be dispensed the drug product prescribed by the physician. The pharmacist shall make a notation of such request upon the prescription blank, in the case of a prescription issued using a New Jersey Prescription Blank, and in the patients electronic health record, in the case of a prescription issued electronically using an electronic health records system.
(cf: P.L.1977, c.240, s.8)
2. Section 15 of P.L.1970, c.226 (C.24:21-15) is amended to read as follows:
15. Prescriptions. a. Except when dispensed directly in good faith by a practitioner, other than a pharmacist, in the course of [his] the practitioners professional practice only, to an ultimate user, no controlled dangerous substance included in Schedule II, which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41), may be dispensed without [the written] a prescription [of] issued by a practitioner [; provided that in emergency situations, as prescribed by the division by regulation, such drug may be dispensed upon oral prescription reduced promptly to writing and filed by the pharmacist, if such oral prescription is authorized by federal law] in accordance with the requirements of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill). Prescriptions shall be retained in conformity with the requirements of section 13 of P.L.1970, c.226 (C.24:21-13). No prescription for a Schedule II substance may be refilled.
b. Except when dispensed directly in good faith by a practitioner, other than a pharmacist, in the course of [his] the practitioners professional practice only, to an ultimate user, no controlled dangerous substance included in Schedules III and IV which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41) may be dispensed without a [written or oral] prescription issued by a practitioner in accordance with the requirements of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill). Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner.
c. No controlled dangerous substance included in Schedule V may be distributed or dispensed other than for a valid and accepted medical purpose.
d. A practitioner other than a veterinarian who prescribes a controlled dangerous substance in good faith and in the course of [his] the practitioners professional practice may administer the same or cause the same to be administered by a nurse or intern under [his] the practitioners direction and supervision.
e. A veterinarian who prescribes a controlled dangerous substance not for use by a human being in good faith and in the course of [his] the veterinarians professional practice may administer the same or cause the same to be administered by an assistant or orderly under [his] the veterinarians direction and supervision.
f. A person who has obtained a controlled dangerous substance from the prescribing practitioner for administration to a patient during the absence of the practitioner shall return to the practitioner any unused portion of