Bill Text: NJ A1595 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires electronic health records systems to meet requirements to accept, process, and transmit prescriptions for Schedule II controlled dangerous substance.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Health and Senior Services Committee [A1595 Detail]
Download: New_Jersey-2018-A1595-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Pinkin and Assemblyman Coughlin
SYNOPSIS
Requires electronic health records systems to meet requirements to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning electronic prescribing requirements and amending P.L.2003, c.280.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.2003, c.280 (C.45:14-58) is amended to read as follows:
19. a. Nothing contained in this act shall preclude a practitioner from transmitting to a pharmacist by telephone or electronic means a prescription, as otherwise authorized by law, if that practitioner provides the practitioner's Drug Enforcement Administration registration number and the practitioner's license number, or any other federally identified number, as appropriate, to the pharmacist at the time the practitioner transmits the prescription.
b. Except as may be otherwise permitted by law, no prescription for any Schedule II controlled dangerous substance shall be given or transmitted to pharmacists, in any other manner, than in writing signed by the practitioner giving or transmitting the same, nor shall such prescription be renewed or refilled. The requirement in this subsection that a prescription for any controlled dangerous substance be given or transmitted to pharmacists in writing signed by the practitioner shall not apply to a prescription for a Schedule II drug if that prescription is transmitted or prepared in compliance with federal and State regulations.
c. (1) Each vendor that sells, leases, or licenses for use an electronic health records system that is used to electronically transmit prescriptions in this State on the effective date of P.L. , c. (pending before the Legislature as this bill) shall ensure that the system meets all federal requirements for the system to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances no later than one year after the effective date of P.L. , c. (pending before the Legislature as this bill) as a condition of continuing to sell, lease, or license for use the electronic health records system in this State. Each vendor that commences selling, leasing, or licensing for use an electronic health records system that is used to electronically transmit prescriptions in this State after the effective date of P.L. , c. (pending before the Legislature as this bill) shall ensure that the system meets all federal requirements for the system to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances as a condition of selling, leasing, or licensing for use the electronic health records system in this State.
(2) The requirements of paragraph (1) of this subsection shall not apply to a telemedicine or telehealth organization, as that term is defined in section 1 of P.L.2017, c.117 (C.45:1-61), that exclusively provides telehealth and telemedicine services.
(cf: P.L.2003, c.280, s.19)
2. This act shall take effect the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires vendors that sell, lease, or license for use an electronic health records system that is used to transmit electronic prescriptions in New Jersey the system meet the federal requirements for the systems to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances. Vendors that sell, lease, or license for use an electronic health records system to accept, process, and transmit prescriptions for schedule II controlled dangerous substances on the effective date of the bill will have one year to meet this requirement as a condition of continuing to sell, lease, or license an electronic health records system in this State. Vendors commencing selling, leasing, or licensing of such an electronic health records system after the effective date of the bill will be required to meet the requirement.
