S4742

An Act concerning the emergency dispensation of chronic maintenance medications and supplementing Title 26 of the Revised Statutes.

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

1. a. The Department of Health shall develop a one-page informational notice concerning the authority of pharmacists licensed in this State to dispense an emergency supply of a chronic maintenance drug.

b. The informational notice shall:

(1) explain the circumstances under which a pharmacist is authorized by law to dispense an emergency supply of a chronic maintenance drug when continuation of therapy is essential to the patient's life, and the circumstances under which refusal to dispense the drug would endanger the health or welfare of the patient;

(2) specifically identify insulin as a chronic maintenance drug that may be dispensed pursuant to the emergency dispensing authority when the requirements of law are satisfied;

(3) describe the potentially serious health consequences that may result from an interruption of a chronic maintenance drug, including the serious health consequences that may result from an interruption in insulin therapy, which involve severe hyperglycemia, diabetic ketoacidosis, hyperosmolar hyperglycemic state, hospitalization, permanent injury, and death;

(4) encourage pharmacists to exercise their professional judgment consistent with State law when determining whether an emergency supply may be dispensed; and

(5) include any additional information the Commissioner of Health deems appropriate to promote awareness of the emergency dispensing authority established under State law.

2. Within 90 days following the publication of the informational notice by the Department of Health, every pharmacy permit holder in this State shall provide a copy of the informational notice to every pharmacist employed by the pharmacy and to all pharmacy personnel whose duties involve prescription processing or patient assistance, and display the informational notice in a prominent location within the pharmacy where it is readily visible to pharmacists and pharmacy personnel.

3. a. The Commissioner of Health may update the informational notice as necessary to reflect changes in State law, regulations, or clinical guidance concerning the emergency dispensing of chronic maintenance drugs.

b. Whenever the informational notice is revised, each pharmacy shall replace the previously displayed notice with the updated version within 30 days of its publication by the Department of Health.

4. The Commissioner of Health, in consultation with the New Jersey State Board of Pharmacy, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this act.

5. This act shall take effect immediately.

STATEMENT

This bill requires the Department of Health (department) to develop and distribute a one-page informational notice to educate pharmacists about their existing legal authority to dispense an emergency supply of chronic maintenance medications, including insulin.

The bill requires the department to prepare a one-page informational notice explaining pharmacists' emergency dispensing authority under State law. The notice is to specifically identify insulin as a chronic maintenance drug that may be dispensed in appropriate emergency circumstances and describe the potentially serious consequences that may result from an interruption in insulin therapy, including severe hyperglycemia, diabetic ketoacidosis, hyperosmolar hyperglycemic state, hospitalization, permanent injury, and death.

The bill further requires every pharmacy permit holder in the State to provide the informational notice to each pharmacist and pharmacy staff member involved in prescription processing or patient assistance, and display the notice in a prominent location within the pharmacy where it is readily visible to pharmacists and pharmacy personnel.