STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Co-Sponsored by:
Assemblyman Danielsen and Assemblywoman Speight
SYNOPSIS
Requires pharmacy practice sites to document reasons for not filling certain prescriptions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning pharmacy practice sites and amending P.L.2007, c.199.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.199 (C.45:14-67.1) is amended to read as follows:
1. a. (1) A pharmacy practice site has a duty to properly fill lawful prescriptions for prescription drugs or devices that it carries for customers, without undue delay, despite any conflicts of employees to filling a prescription and dispensing a particular prescription drug or device due to sincerely held moral, philosophical or religious beliefs ; and
(2) Consistent with the provisions of this section, if a pharmacy practice site determines that a patient’s prescription is unlawful, the pharmacy practice site shall cite the law that it determines was violated, briefly explain and record this determination in the pharmacy practice site’s patient profile system, and make the determination available to the patient and the patient’s prescribing physician or health care professional within 72 hours of the pharmacy practice site’s decision to not fill the patient’s prescription. Nothing in this paragraph shall be construed as granting a pharmacy practice site the power to supersede the lawfully exercised authority of a patient’s prescribing physician or health care professional, or as granting a pharmacy practice site the authority to promulgate internal operating procedures or rules that are less or more stringent than what is prescribed by State law.
b. If a pharmacy practice site does not have in stock a prescription drug or device that it carries, and a patient presents a prescription for that drug or device, the pharmacy practice site shall offer:
(1) to obtain the drug or device under its standard expedited ordering procedures; or
(2) to locate a pharmacy that is reasonably accessible to the patient and has the drug or device in stock, and transfer the prescription there in accordance with the pharmacy practice site's standard procedures.
The pharmacy practice site shall perform the patient's chosen option without delay. If the patient so requests, the pharmacist shall return an unfilled prescription to the patient.
c. If a pharmacy practice site does not carry a prescription drug or device, and a patient presents a prescription for that drug or device, the pharmacy practice site shall offer to locate a pharmacy that is reasonably accessible to the patient and has the drug or device in stock.
d. A person who believes that a violation of this section has occurred may report the violation to the New Jersey State Board of Pharmacy.
(cf: P.L.2007, c.199, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill requires pharmacy practice sites to document reasons for not filling certain prescriptions.
Under the bill, if a pharmacy practice site determines that a patient’s prescription is unlawful, the pharmacy practice site is to cite the law that it determines was violated, briefly explain and record this determination in the pharmacy practice site’s patient profile system, and make the determination available to the patient and the patient’s prescribing physician or health care professional within 72 hours of the pharmacy practice site’s decision to not fill the patient’s prescription. Nothing in the bill is to be construed as granting a pharmacy practice site the power to supersede the lawfully exercised authority of a patient’s prescribing physician or health care professional, or as granting a pharmacy practice site the authority to promulgate internal operating procedures or rules that are less or more stringent than what is prescribed by State law.