SENATE, No. 2366
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED SEPTEMBER 22, 2014
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Co-Sponsored by:
Senators Lesniak, Addiego, Allen, Codey, Gordon, Madden, Rice, Singer and Whelan
SYNOPSIS
Requires health care practitioners to inform patients of addiction potential of controlled dangerous substances prior to issuing prescription.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on October 9, 2014, with amendments.
An Act concerning prescription drugs and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 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 prescription of 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. 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 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. 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 professional practice may administer the same or cause the same to be administered by a nurse or intern under his 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 professional practice may administer the same or cause the same to be administered by an assistant or orderly under his 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 the substance when it is no longer required by the patient or when its return is requested by the practitioner.
g. Whenever it appears to the division that a drug not considered to be a prescription drug under existing State law should be so considered because of its abuse potential, it shall so advise the New Jersey State Board of Pharmacy and furnish to it all available data relevant thereto.
h. 1(1)1 Prior to issuing a prescription for a 1schedule II1 controlled dangerous substance 1or any other opioid drug1 which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41), a practitioner shall 1[inform] discuss with1 the patient, or the patient’s parent or guardian if the patient is under 18 years of age 1and is not an emancipated minor1 , 1[of]1 the risks of developing a physical or psychological dependence on the controlled dangerous substance 1and alternative treatments that may be available. The practitioner shall obtain a written acknowledgement, on a form developed made available by the Division of Consumer Affairs, that the patient or the patient’s parent or guardian, as applicable, has discussed with the practitioner the risks of developing a physical or psychological dependence on the controlled dangerous substance and alternative treatments that may be available. The Division of Consumer Affairs shall develop and make available to practitioners guidelines for the discussion required pursuant to paragraph (1) of this subsection. This subsection shall not apply to a prescription for a patient who is currently receiving hospice care from a licensed hospice1 .
2. This act shall take effect immediately.