SENATE, No. 1195
STATE OF NEW JERSEY
ADOPTED MAY 11, 2006
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senators Buono, Turner, Weinberg, Karcher and Sarlo
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
Substitute as adopted by the Senate Health, Human Services and Senior Citizens Committee.
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 of the patient’s choice that 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. 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.