SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 1195
STATE OF NEW JERSEY
212th LEGISLATURE
ADOPTED MAY 11, 2006
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman NEIL M. COHEN
District 20 (Union)
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Buono, Turner, Weinberg, Karcher, Sarlo, Assemblywoman Voss, Assemblyman Vas, Assemblywoman Watson Coleman, Assemblymen Gusciora, Diegnan, Johnson, Gordon, Assemblywoman Vainieri Huttle, Assemblymen Hackett, Burzichelli, Panter, Assemblywoman Lampitt and Assemblyman Stack
SYNOPSIS
Establishes pharmacy’s duty to fill prescriptions for in-stock drugs or devices without delay, notwithstanding sincerely held moral, philosophical or religious beliefs of pharmacist.
CURRENT VERSION OF TEXT
As amended by the Senate on June 22, 2006.
An Act concerning the dispensing of medications and supplementing P.L.2003, c.280 (C.45:14-40 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 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.
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 1[of the patient’s choice]1 that 1is reasonably accessible to the patient and1 has the drug or device in stock1,1 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. 1If 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.1 A person who believes that a violation of this section has occurred may report the violation to the New Jersey State Board of Pharmacy.
2. This act shall take effect immediately.