S1981

An Act concerning pharmacists and pharmacy interns, externs, and technicians, COVID-19 vaccines, and amending P.L.2003, c.280.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 24 of P.L.2003, c.280 (C.45:14-63) is amended to read as follows:

24. a. No pharmacist shall administer a prescription medication directly to a patient without appropriate education [or certification] and training, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners. Such medication shall only be for the treatment of a disease for which a nationally certified program is in effect, or as determined by the board, and only if utilized for the treatment of that disease for which the medication is prescribed or indicated or for which the collaborative drug therapy management permits.

b. (1) Notwithstanding any law, rule, or regulation to the contrary, a pharmacist, pharmacy intern, [or] pharmacy extern, or pharmacy technician may administer drugs to a patient 18 years of age or older, provided the pharmacist, pharmacy intern, [or] pharmacy extern, or pharmacy technician is appropriately educated and qualified, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners, and provided the drugs are administered under any one of the following conditions:

(a) pursuant to a prescription by an authorized prescriber for a vaccine and related emergency medications;

(b) in immunization programs implemented pursuant to an authorized prescriber's standing order for the vaccine and related emergency medications; or

(2) A pharmacist, pharmacy intern, [or] pharmacy extern, or pharmacy technician may administer an influenza vaccine, a COVID-19 vaccine, or both, to a patient who is [seven] five years of age or older. For a patient who is under 18 years of age, a pharmacist, pharmacy intern, [or] pharmacy extern, or pharmacy technician shall not administer a vaccine except with the permission of the patient's parent or legal guardian. [For a patient who is under 10 years of age, a pharmacist, pharmacy intern, or pharmacy extern shall not administer a vaccine unless pursuant to a prescription by an authorized prescriber. Nothing in this subsection shall be construed to require a patient 10 years of age or older to obtain a prescription for an influenza vaccine.]

(3) A pharmacy intern [or] , pharmacy extern, or pharmacy technician, as defined by regulation of the New Jersey State Board of Pharmacy, may administer immunizations, as provided in this subsection, to patients by injection or by other delivery method, provided that the pharmacy intern [or] , pharmacy extern, or pharmacy technician is acting under the direct supervision of a licensed pharmacist who is pre-approved by the New Jersey State Board of Pharmacy to administer vaccines and related emergency medications, and who is in compliance with the rules jointly promulgated by the New Jersey State Board of Pharmacy and the State Board of Medical Examiners.

c. An immunization administered to a patient by a pharmacist, pharmacy intern, [or] pharmacy extern, or pharmacy technician pursuant to this subsection shall be reported by a supervising pharmacist to the New Jersey Immunization Information System established pursuant to section 4 of P.L.2004, c.138 (C.26:4-134) as required pursuant to N.J.A.C.8:57-3.16, for inclusion in the patient's registry.

(cf: P.L.2018, c.143, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill expands the authority of pharmacy technicians to administer drugs and vaccines and permits pharmacists and pharmacy interns, externs, and technicians to administer COVID-19 vaccines.

The bill’s amendments to section 24 of P.L.2003, c.280 (C.45:14-63):

1) provide that a pharmacist is required to receive appropriate training to administer a prescription medication directly to a patient, but is no longer required to be certified to administer a prescription medication directly to a patient;

2) permit a pharmacy technician to administer drugs to a patient 18 years of age or older, provided that the pharmacy technician is appropriately educated and qualified;

3) permit a pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician to administer a COVID-19 vaccine to a patient who is five years of age or older;

4) in the case of a patient who is under 18 years of age, prohibit a pharmacy technician from administering a vaccine without the permission of the patient's parent or legal guardian;

5) remove the following provision: “For a patient who is under 10 years of age, a pharmacist, pharmacy intern, or pharmacy extern shall not administer a vaccine unless pursuant to a prescription by an authorized prescriber. Nothing in this subsection shall be construed to require a patient 10 years of age or older to obtain a prescription for an influenza vaccine”;

6) permit a pharmacy technician to administer immunizations to patients by injection or by other delivery method, provided that the pharmacy technician is acting under the direct supervision of a licensed pharmacist;

7) provide that an immunization administered to a patient by a pharmacy technician is to be reported by a supervising pharmacist to the New Jersey Immunization Information System; and

8) lower the age of the patient to whom a pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician may administer an influenza vaccine from seven years old to five years old.