Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Requires retail pharmacies to stock and dispense emergency contraception.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on November 14, 2019, with amendments.
An Act concerning dispensing certain prescription drugs in pharmacies and 1[amending] supplementing1 P.L.2003, c.280 1(C.45:14-40 et seq.)1 .
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 30 of P.L.2003, c.280 (C.45:14-69) is amended to read as follows:
30. a. All pharmacy practice sites in this State, which engage in the practice of pharmacy in the State of New Jersey, shall be issued a permit by the board, and shall annually renew their permit with the board. If operations are conducted at more than one location, each location shall be issued a permit by the board for the dispensing of medicine.
b. The board may determine by rule or regulation the permit classifications of all pharmacy practice sites issued a permit under this act, and establish minimum standards for pharmacy practice sites.
c. The board shall establish by rule or regulation the criteria which each site shall meet to qualify for a permit in each classification. The board may issue permits with varying restrictions to pharmacy practice sites if the board deems it necessary.
d. Each holder of a pharmacy practice site permit shall ensure that a licensed pharmacist be immediately available on the premises to provide pharmacy services at all times the pharmacy practice site is open.
e. Each pharmacy practice site shall have a pharmacist-in-charge. The pharmacist-in-charge and the owner of a pharmacy practice site shall be responsible for any violation of any laws or regulations pertaining to the practice of pharmacy.
f. The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning the granting of permits and the inspection of pharmacy practice sites located in this State and those located outside this State.
g. The board may deny, suspend, revoke, restrict or refuse to renew a permit for a pharmacy practice site that does not comply with the provisions of this act or any rule or regulation promulgated pursuant to this act.
h. Each retail pharmacy site shall stock emergency contraception in pill form and sell or dispense the prescription drug, as applicable, to any person in accordance with federal Food and Drug Administration regulations.
(cf: P.L.2003, c.280, s.30)]1
11. a. Each retail pharmacy in the State shall maintain a stock of over-the-counter emergency contraception, and shall sell or furnish over-the-counter emergency contraception to any person upon request.
b. As used in this section:
“Over-the-counter emergency contraception” means a contraceptive drug approved by the federal Food and Drug Administration as an over-the-counter drug that, when administered within the medically recommended time following unprotected sexual intercourse, prevents pregnancy.
“Retail pharmacy” means any place in the State where drugs are dispensed or patient care services are provided by a licensed pharmacist, but shall not include any pharmacy that limits the provision of pharmaceutical care services to a defined and exclusive group of patients and is not open for dispensing to the general patient population.1
2. This act shall take effect on the 30th day after enactment.