A901

An Act concerning deaths or injuries attributed to prescription drugs and amending R.S.45:14-12.

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

1. R.S.45:14-12 is amended to read as follows:

45:14-12. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board may, as applicable, refuse an application for examination or may suspend or revoke the certificate of a registered pharmacist or a registered assistant pharmacist upon proof satisfactory to the board that such registered pharmacist or such registered assistant pharmacist is guilty of grossly unprofessional conduct and the following acts are hereby declared to constitute grossly unprofessional conduct for the purpose of this act:

a. Paying rebates or entering into an agreement for payment of rebates to any physician, dentist or other person for the recommending of the services of any person.

b. The providing or causing to be provided to a physician, dentist, veterinarian or other persons authorized to prescribe, prescription blanks or forms bearing the pharmacist's or pharmacy's name, address or other means of identification.

c. (Deleted by amendment.)

d. The claiming of professional superiority in the compounding or filling of prescriptions or in any manner implying professional superiority which may reduce public confidence in the ability, character or integrity of other pharmacists.

e. Fostering the interest of one group of patients at the expense of another which compromises the quality or extent of professional services or facilities made available.

f. The distribution of premiums or rebates of any kind whatever in connection with the sale of drugs and medications provided, however, that trading stamps and similar devices shall not be considered to be rebates for the purposes of this chapter and provided further that discounts, premiums and rebates may be provided in connection with the sale of drugs and medications to any person who is 62 years of age or older. [Before a certificate shall be refused, suspended or revoked, the accused person shall be furnished with a copy of the complaint and given a hearing before the board. Any person whose certificate is so suspended or revoked shall be deemed an unregistered person during the period of such suspension or revocation, and as such shall be subject to the penalties prescribed in this chapter, but such person may, at the discretion of the board, have his certificate reinstated at any time without an examination, upon application to the board. Any person to whom a certificate shall be denied by the board or whose certificate shall be suspended or revoked by the board shall have the right to review such action by appeal to the Appellate Division of the Superior Court in lieu of prerogative writ.]

g. Advertising of prescription drug prices in a manner inconsistent with rules and regulations promulgated by the Director of the Division of Consumer Affairs; provided, however, no such advertising of any drug or substance shall be authorized unless the Commissioner of Health and Senior Services shall have determined that such advertising is not harmful to public health, safety and welfare.

h. Failing to report to the board, no later than 14 days after its discovery by the pharmacist or assistant pharmacist, information that reasonably suggests that there is a probability that a prescription drug as defined in R.S.45:14-14, which was dispensed by the pharmacist or assistant pharmacist, has caused or contributed to the death, or to the substantial bodily injury as defined by the board, of a customer or patient, in accordance with guidelines adopted by regulation of the board. In lieu of, or in addition to, refusing, suspending or revoking the certificate of a pharmacist or assistant pharmacist for failing to report the information that is required pursuant to this subsection, the board may impose a monetary penalty on that person in an amount to be determined by the board.

Before a certificate shall be refused, suspended or revoked, or a monetary penalty imposed pursuant to subsection h. of this section, the accused person shall be furnished with a copy of the complaint and given a hearing before the board. Any person whose certificate is so suspended or revoked shall be deemed an unregistered person during the period of such suspension or revocation, and as such shall be subject to the penalties prescribed in this chapter, but such person may, at the discretion of the board, have his certificate reinstated at any time without an examination, upon application to the board. Any person to whom a certificate shall be denied by the board or whose certificate shall be suspended or revoked by the board, or upon whom a monetary penalty shall be imposed pursuant to subsection h. of this section, shall have the right to review such action by appeal to the Appellate Division of the Superior Court in lieu of prerogative writ.

(cf: P.L.1999, c.403, s.11)

2. This act shall take effect on the 180th day after enactment, except that the Board of Pharmacy may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill requires that a registered pharmacist or assistant pharmacist report to the State Board of Pharmacy information that reasonably suggests that there is a probability that a prescription drug, which was dispensed by the pharmacist or assistant pharmacist, has caused or contributed to the death, or to the substantial bodily injury as defined by the board, of a customer or patient, in accordance with guidelines adopted by regulation of the board. The report is to be made no later than 14 days after discovery of this information by the pharmacist or assistant pharmacist.

Failure to comply with the reporting requirement set forth in this bill would constitute grossly unprofessional conduct, as set forth in N.J.S.A.45:14-12, and thereby subject the violator to a possible suspension or revocation of that person's certificate to practice pharmacy in New Jersey. The bill further provides that, in lieu of, or in addition to, refusing, suspending or revoking the certificate of a pharmacist or assistant pharmacist pursuant to this bill, the board may impose a monetary penalty on that person in an amount to be determined by the board.

The bill takes effect on the 180th day after enactment, but authorizes the Board of Pharmacy to take anticipatory administrative action in advance as necessary for its implementation.

The bill also makes a technical change in N.J.S.A.45:14-12 by moving language in subsection f. (concerning procedures governing the refusal, suspension or revocation of a pharmacist's certificate) to the end of that section, where it would be more appropriately placed.

The intent of this bill is to require the reporting by pharmacies of medication errors that result in serious adverse health consequences for patients in order to facilitate systematic improvements that will reduce the possibility of such errors recurring in the future. It is not the sponsor's intent to impose punitive measures against individuals for reporting this information to the Board of Pharmacy.