This bill establishes regulations for Internet pharmacies that dispense or deliver prescription drugs to patients in New Jersey. It mandates that such pharmacies obtain a pharmacy permit from the New Jersey State Board of Pharmacy before engaging in these activities. To qualify for the permit, Internet pharmacies must have their corporate headquarters in the United States and provide specific information to the board, including inspection reports and details about their pharmacists. The bill also prohibits Internet pharmacies from disclaiming liability, jurisdiction, or the application of New Jersey laws. Additionally, it requires that prescriptions be filled only by licensed pharmacists and establishes that a bona-fide practitioner-patient relationship must exist before any prescription can be solicited or filled.

Violations of the bill can result in significant civil penalties, with fines of $25,000 for pharmacies and $5,000 for pharmacists per occurrence. Consumers harmed by violations may seek liquidated damages of $10,000 and compensatory damages for injuries related to prescription drugs purchased online. The bill also stipulates that pharmacists must verify the validity of electronic or facsimile prescriptions with the prescribing practitioner if there are any doubts. Furthermore, it prohibits Internet pharmacies from filling prescriptions for controlled substances unless they are in writing and signed by the practitioner. Exemptions are provided for pharmacies certified under the Verified Internet Pharmacy Practice Sites Certification Process and those with existing permits from the board. The New Jersey State Board of Pharmacy is authorized to create necessary rules and regulations to implement the act.

Statutes affected:
Introduced: 45:14-73