Bill Text: NJ A3062 | 2014-2015 | Regular Session | Amended
Bill Title: Revises certain provisions of New Jersey Prescription Monitoring Program.***
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2015-03-26 - Substituted by S1998/2119 (SCS/3R) [A3062 Detail]
Download: New_Jersey-2014-A3062-Amended.html
Sponsored by:
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Co-Sponsored by:
Assemblyman Johnson and Assemblywoman Mosquera
SYNOPSIS
Implements certain recommendations of the SCI concerning drug abuse and prescription drug monitoring.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on May 15, 2014, with amendments.
An Act concerning drug abuse and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. For the purposes of this section 1and sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50)1:
"Commercial motor vehicle" means every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be.
"Controlled dangerous substance" 1[has the meaning given the term in N.J.S.2C:35-2] means any substance that is listed in Schedules II, III, and IV of the schedules provided under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.). Controlled dangerous substance also means any substance that is listed in Schedule V under the "New Jersey Controlled Dangerous Substances Act" when the director has determined that reporting Schedule V substances is required by federal law, regulation, or funding eligibility1.
"Dealer" means any person actively engaged in the business of buying, selling, or exchanging motor vehicles or motorcycles and who has an established place of business.
1"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.1
"Hidden compartment" means a container, space, or enclosure that conceals, hides, or otherwise prevents the discovery of the contents of the container, space, or enclosure and includes, but is not limited to, any of the following: false, altered, or modified fuel tanks; original factory equipment on a vehicle that has been modified to conceal, hide, or prevent the discovery of the modified equipment's contents; or a compartment, space, box, or other closed container that is added or attached to existing compartments, spaces, boxes, or closed containers integrated or attached to a vehicle.
1"Improper prescribing" means the prescribing or ordering of a drug in an indiscriminate manner, or not in good faith, or without good cause, or otherwise in violation of any State or federal law or regulation, and which constitutes professional misconduct as determined by the appropriate licensing board that regulates the profession. For the purposes of this section, the issuance of an initial improper prescription or order and any refill of that initial prescription or order shall each be counted as a separate instance of improper prescribing.
"Licensed health care professional" means a registered nurse, licensed practical nurse, advanced practice nurse, physician assistant, or dental hygienist licensed pursuant to Title 45 of the Revised Statutes.1
"Manufacturer" means a person engaged in the business of manufacturing or assembling motor vehicles, who will, under normal business conditions during the year, manufacture or assemble at least 10 new motor vehicles.
1"Mental health practitioner" means a clinical social worker, marriage and family therapist, alcohol and drug counselor, professional counselor, psychologist, or psychoanalyst licensed or otherwise authorized to practice pursuant to Title 45 of the Revised Statutes.1
"Mobile home" means a house trailer serving as a permanent home and connected to utilities.
"Motor home" means a motor vehicle built on a truck or bus chassis which is equipped to serve as a self-contained living quarters for recreational travel.
1["Motor vehicle" means every vehicle propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.]1
"Noncommercial truck" means every motor vehicle designed primarily for transportation of property, and which is not a "commercial motor vehicle."
1"Pharmacy permit holder" means an individual or business entity that holds a permit to operate a pharmacy practice site pursuant to P.L.2003, c.280 (C.45:14-40 et seq.).
"Practitioner" means an individual currently licensed, registered, or otherwise authorized by this State or another state to prescribe drugs in the course of professional practice.1
"Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.
"Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
"Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
1"Ultimate user" means a person who has obtained from a dispenser and possesses for the person's own use, or for the use of a member of the person's household or an animal owned by the person's or by a member of the person's household, a controlled dangerous substance.1
"Vehicle" means every 1vehicle propelled otherwise than by muscular power, and every1device in, upon, or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles and includes, but is not limited to, a motor vehicle, commercial motor vehicle, trailer, noncommercial truck, semitrailer, mobile home, recreation vehicle, or motor home.
b. A person who, with the intent to facilitate the unlawful concealment or transportation of a controlled dangerous substance, knowingly designs, builds, constructs, or fabricates, or publishes plans or instructions to design, build, construct, or fabricate, a vehicle with a hidden compartment, or modifies or alters any portion of a vehicle in order to create or add a hidden compartment, is guilty of a crime of the third degree.
c. A person who knowingly operates, possesses, or uses a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled dangerous substance is guilty of a crime of the fourth degree.
d. This section shall not apply to:
(1) any law enforcement officer acting in the performance of the law enforcement officer's duties;
(2) any licensed motor vehicle dealer or motor vehicle manufacturer that in the ordinary course of business repairs, purchases, receives in trade, leases, or sells a motor vehicle; or
(3) any box, safe, container, or other item added to a vehicle for the purpose of securing valuables, electronics, or firearms provided that, at the time of discovery, the box, safe, container, or other item added to the vehicle does not contain a controlled substance or visible residue of a controlled substance.
e. This section shall not be construed to impose a duty on a licensed motor vehicle dealer to know, discover, report, repair, or disclose the existence of a hidden compartment.
1[2. (New Section) a. As used in this section:
"Health care professional" means a person who is licensed, registered, or otherwise authorized to practice as a health care professional pursuant to Title 45 or Title 52 of the Revised Statutes.
"Improper prescribing" means the prescribing or ordering of a drug in an indiscriminate manner, or not in good faith, or without good cause, or otherwise in violation of any State or federal law or regulation, and which constitutes professional misconduct as determined by the board. For the purposes of this section, the issuance of an initial improper prescription or order and any refill of that initial prescription or order shall each be counted as a separate instance of improper prescribing.
b. Notwithstanding the provisions of subsection a. of section 12 of P.L.1978, c.73 (C.45:1-25) to the contrary, and in addition to any other penalty provided by law, a health care professional who engages in improper prescribing shall be liable to a civil penalty of not less than $10,000 for the first violation and not less than $20,000 for the second and each subsequent violation.]1
12. Section 28 of P.L.2007, c.244 (C.45:1-48) is amended to read as follows:
28. Immunity from liability.
a. The division shall be immune from civil liability arising from inaccuracy of any of the information submitted to it pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
b. A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner shall be immune from civil liability arising from compliance with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
(cf: P.L.2007, c.244, s.28)1
3. Section 25 of P.L.2007, c.244 (C.45:1-45) is amended to read as follows:
25. Prescription Monitoring Program; requirements.
a. There is established the Prescription Monitoring Program in the Division of Consumer Affairs in the Department of Law and Public Safety. The program shall consist of an electronic system for monitoring controlled dangerous substances that are dispensed in or into the State by a pharmacist in an outpatient setting.
b. Each pharmacy permit holder shall submit, or cause to be submitted, to the division, by electronic means in a format and at such intervals as are specified by the director, information about each prescription for a controlled dangerous substance dispensed by the pharmacy that includes:
(1) The surname, first name, and date of birth of the patient for whom the medication is intended;
(2) The street address and telephone number of the patient;
(3) The date that the medication is dispensed;
(4) The number or designation identifying the prescription and the National Drug Code of the drug dispensed;
(5) The pharmacy permit number of the dispensing pharmacy;
(6) The prescribing practitioner's name and Drug Enforcement Administration registration number;
(7) The name, strength, and quantity of the drug dispensed, the number of refills ordered, and whether the drug was dispensed as a refill or a new prescription;
(8) The date that the prescription was issued by the practitioner;
(9) The source of payment for the drug dispensed; 1[and]1
(10) 1Identifying information for any individual, other than the patient for whom the prescription was written, who picks up a prescription; and
(11)1 Such other information, not inconsistent with federal law, regulation, or funding eligibility requirements, as the director determines necessary.
The pharmacy permit holder shall submit the information to the division with respect to the prescriptions dispensed during the reporting period not less frequently than once every [30 days] 1[business day, or according to a schedule to be determined by the director if federal law, regulation, or funding eligibility otherwise requires] seven days1.
c. The division may grant a waiver of electronic submission to any pharmacy permit holder for good cause, including financial hardship, as determined by the director. The waiver shall state the format in which the pharmacy permit holder shall submit the required information.
d. The requirements of this act shall not apply to: the direct administration of a controlled dangerous substance to the body of an ultimate user; or the administration or dispensing of a controlled dangerous substance that is otherwise exempted as determined by the Secretary of Health and Human Services pursuant to the "National All Schedules Prescription Electronic Reporting Act of 2005," Pub.L.109-60.
(cf: P.L.2007, c.244, s.25)
4. Section 26 of P.L.2007, c.244 (C.45:1-46) is amended to read as follows:
26. a. The division shall maintain procedures to ensure privacy and confidentiality of patients and that patient information collected, recorded, transmitted, and maintained is not disclosed, except as permitted in this section, including, but not limited to, the use of a password-protected system for maintaining this information and permitting access thereto as authorized under sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), and a requirement that a person as listed in 1[subsection] subsections1 d. 1, h., or i.1 of this section provide 1[on-line] online1 affirmation of the person's intent to comply with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) as a condition of accessing the information.
b. The prescription monitoring information submitted to the division shall be confidential and not be subject to public disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or P.L.2001, c.404 (C.47:1A-5 et al.).
c. The division shall review the prescription monitoring information provided by a pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). If the division determines that a violation of law or regulations, or a breach of the applicable standards of practice, may have occurred, the division shall notify the appropriate law enforcement agency or professional licensing board, and provide the prescription monitoring information required for an investigation.
d. The division may provide prescription monitoring information to the following persons:
(1) a practitioner authorized to prescribe, dispense, or administer controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient of the practitioner1[.]1 [Nothing] 1[Except as provided in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a practitioner to access or check the prescription monitoring information prior to prescribing, dispensing, or administering medications beyond that which may be required as part of the practitioner's professional practice]1;
(2) a pharmacist authorized to dispense controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient1[.]1 [Nothing] 1[Except as provided in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a pharmacist to access or check the prescription monitoring information prior to dispensing medications beyond that which may be required as part of the pharmacist's professional practice]1;
(3) a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, New Jersey Board of Nursing, New Jersey State Board of Optometrists, New Jersey State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that he is engaged in a bona fide specific investigation of a designated practitioner whose professional practice was or is regulated by that board;
(4) an officer of a State, federal, or municipal law enforcement [officer] agency who is [acting pursuant to a court order and certifies that the officer] 1acting pursuant to a court order and certifies that the officer1 is engaged in a bona fide specific investigation of a designated practitioner or patient. A law enforcement agency that obtains prescription monitoring information shall comply with security protocols established by the director by regulation, which shall at minimum include the following:
(a) clearly defined rules of conduct for viewing, disseminating, and destroying prescription monitoring information;
(b) official documentation signed by a representative of the law enforcement agency agreeing to all security requirements;
(c) designation of an assigned agency coordinator to serve as a point of contact on matters involving access to prescription monitoring information;
(d) a case number and description for each request for prescription monitoring information, which may be used to track requests to the party that receives the information;
(e) submission to periodic audits to ensure compliance with security requirements; and
(f) penalties for improper use of prescription monitoring information, which may include termination of employment and any applicable criminal penalties;
(5) a designated representative of a state Medicaid or other program who certifies that he is engaged in a bona fide investigation of a designated practitioner or patient;
(6) a properly convened grand jury pursuant to a subpoena properly issued for the records;
(7) authorized personnel of the division or vendor or contractor responsible for establishing and maintaining the program; and
(8) the controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement.
e. A person listed in subsection d. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall certify, by means of entering an 1[on-line] online1 statement in a form and manner prescribed by regulation of the director, the reasons for seeking to obtain that information.
f. The division shall offer an 1[on-line] online1 tutorial for those persons listed in subsection d. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights and responsibilities of persons who are the subject of or access this information and the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule.
g. The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research, or educational purposes.
1h. (1) The division shall register a pharmacist or practitioner to access prescription monitoring information upon issuance or renewal of the pharmacist or practitioner's registration to prescribe, dispense, or administer controlled dangerous substances.
(2) The division shall provide to a pharmacist who is registered to prescribe, dispense, or administer controlled dangerous substances online access to prescription monitoring information for the purpose of providing health care to a current patient or verifying information with respect to a patient or a prescriber.
(3) The division shall provide to a practitioner who is registered to prescribe, dispense, or administer controlled dangerous substances online access to prescription monitoring information for the purpose of providing health care to a current patient or verifying information with respect to a patient or a prescriber. The division shall also grant online access to prescription monitoring information to as many licensed health care professionals as are authorized by a practitioner to access that information and for whom the practitioner is responsible for the use or misuse of that information, subject to a limit on the number of such health care professionals as deemed appropriate by the division for that particular type and size of professional practice, in order to minimize the burden to practitioners to the extent practicable while protecting the confidentiality of the prescription monitoring information obtained. The director shall establish, by regulation, the terms and conditions under which a practitioner may delegate that authorization, including procedures for authorization and termination of authorization, provisions for maintaining confidentiality, and such other matters as the division may deem appropriate.
i. The division may provide online access to prescription monitoring information to the following persons:
(1) authorized personnel of the division or a vendor or contractor responsible for maintaining the Prescription Monitoring Program;
(2) authorized personnel of the division responsible for administration of the provisions of P.L.1970, c.226 (C.24:21-1 et seq.);
(3) the State Medical Examiner, a county medical examiner, or a deputy or assistant county medical examiner who certifies that the request is for the purpose of investigating a death pursuant to P.L.1967, c.234 (C.52:17B-78 et seq.);
(4) a controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement if an interoperability agreement is required by that state, or which participates with the division in a system that facilitates the secure sharing of information between states;
(5) a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, New Jersey Board of Nursing, New Jersey State Board of Optometrists, New Jersey State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that the representative is engaged in a bona fide specific investigation of a designated practitioner whose professional practice was or is regulated by that board;
(6) a State, federal, or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner or patient;
(7) a designated representative of a state Medicaid or other program who certifies that the representative is engaged in a bona fide investigation of a designated practitioner or patient;
(8) a properly convened grand jury pursuant to a subpoena properly issued for the records; and
(9) a licensed mental health practitioner providing treatment for substance abuse to patients at a residential or outpatient substance abuse treatment center licensed by the Division of Mental Health and Addiction Services in the Department of Human Services, who certifies that the request is for the purpose of providing health care to a current patient or verifying information with respect to a patient or practitioner, and who furnishes the division with the written consent of the patient for the mental health practitioner to obtain prescription monitoring information about the patient. The director shall establish, by regulation, the terms and conditions under which a mental health practitioner may request and receive prescription monitoring information. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a mental health practitioner to access or check the prescription monitoring information in the course of treatment beyond that which may be required as part of the mental health practitioner's professional practice.
j. A person listed in subsection h. or i. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall furnish the required certification in a form and manner prescribed by regulation of the director.
k. The division shall offer an online tutorial for those persons listed in subsections h. and i. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights of persons who are the subject of this information; the responsibilities of persons who access this information; a summary of the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule.
l. The division may request and receive prescription monitoring information from prescription monitoring programs in other states and may use that information for the purposes of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). When sharing data with programs in another state, the division shall not be required to obtain a memorandum of understanding unless required by the other state.
m. The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research, or educational purposes, in accordance with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
n. Nothing shall be construed to prohibit the division from obtaining unsolicited automated reports from the program or disseminating such reports to pharmacists, practitioners, mental health care practitioners, and other licensed health care professionals.1
(cf: P.L.2007, c.244, s.26)
5. (New section) 1[Prior to prescribing or dispensing a Schedule II controlled dangerous substance to a patient, a practitioner or pharmacist, as applicable, shall access the prescription monitoring information, as authorized pursuant to subsection d. of section 26 of P.L.2007, c.244 (C.45:1-46), to determine if the patient has received other prescriptions that indicate, in the professional judgment of the practitioner or pharmacist, prescription abuse or diversion.]
a. Except as provided in subsection d. of section 26 of P.L.2007, c.244 (C.45:1-46), a practitioner or pharmacist, as applicable, shall not prescribe or dispense a controlled dangerous substance without first accessing the prescription monitoring information, as authorized pursuant to section 26 of P.L.2007, c.244 (C.45:1-46), to determine if the patient has received other prescriptions that indicate misuse, abuse, or diversion. A pharmacist shall not dispense a controlled dangerous substance prescription to a person other than the patient for whom the prescription is intended unless the person receiving the prescription provides personal identification, which the pharmacist shall submit to the Prescription Monitoring Program as required pursuant to subsection b. of section 25 of P.L.2007, c.244 (C.45:1-45).
b. The provisions of subsection a. of this section shall not apply to:
(1) a veterinarian;
(2) a practitioner or the practitioner's agent administering methadone, or another controlled dangerous substance designated by the director as appropriate for treatment of a patient with a substance abuse disorder, as interim treatment for a patient on a waiting list for admission to an authorized substance abuse treatment program;
(3) a practitioner administering a controlled dangerous substance directly to a patient;
(4) a practitioner prescribing a controlled dangerous substance to be dispensed by an institutional pharmacy, as defined in N.J.A.C.13:39-9.2;
(5) a practitioner prescribing a controlled dangerous substance in the emergency department of a general hospital, provided that the quantity prescribed does not exceed a five day supply of the substance;
(6) a practitioner prescribing a controlled dangerous substance to a patient under the care of a hospice;
(7) a situation in which it is not reasonably possible for the practitioner or pharmacist to access the registry in a timely manner, no other individual authorized to access the registry is reasonably available, and the quantity of controlled dangerous substance prescribed or dispensed does not exceed a five day supply of the substance;
(8) a practitioner or pharmacist acting in compliance with regulations promulgated by the director as to circumstances under which consultation of the registry would result in a patient's inability to obtain a prescription in a timely manner, thereby adversely impacting the medical condition of the patient;
(9) a situation in which the registry is not operational as determined by the division or where it cannot be accessed by the practitioner due to a temporary technological or electrical failure, as set forth in regulations; or
(10) a practitioner or pharmacist who has been granted a waiver due to technological limitations that are not reasonably within the control of the practitioner or pharmacist, or other exceptional circumstances demonstrated by the practitioner or pharmacist, pursuant to a process established in regulation, and in the discretion of the director.1
6. (New section) a. The Division of Consumer Affairs in the Department of Law and Public Safety shall have the authority to gather information on any significant business relationships involving the medical practice of a licensee of the State Board of Medical Examiners. The division may, at the time of a licensee's biennial license renewal, require that a licensee provide information on any medical practice in which the licensee is an owner, part owner, partner, associate, shareholder, or employee, or in which the licensee otherwise has a significant financial interest. This information may include, but need not be limited to, the following:
(1) the name and address of the practice;
(2) any party that conducts business on the premises of the practice, including those not formally associated with the practice;
(3) any non-medical personnel employed by the practice;
(4) any non-medical business with which the practice is associated, including a management company; and
(5) any financial relationship related to the medical practice with any individual who is not a health care professional.
b. The State Board of Medical Examiners shall not approve a licensee's renewal application unless the applicant provides all information required by the division pursuant to subsection a. of this section.
1[7. Section 1 of P.L.1997, c.249 (C.45:9-22.19) is amended to read as follows:
1. a. A physician licensed pursuant to chapter 9 of Title 45 of the Revised Statutes may prescribe a Schedule II controlled dangerous substance for the use of a patient in any quantity which does not exceed a 30-day supply, as defined by regulations adopted by the State Board of Medical Examiners in consultation with the Department of Health [and Senior Services]. The physician shall document the diagnosis and the medical need for the prescription in the patient's medical record, in accordance with guidelines established by the State Board of Medical Examiners.
b. A physician may issue multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a Schedule II controlled dangerous substance, provided that the following conditions are met:
(1) each separate prescription is issued for a legitimate medical purpose by the physician acting in the usual course of professional practice;
(2) the physician provides written instructions on each prescription, other than the first prescription if it is to be filled immediately, indicating the earliest date on which a pharmacy may fill each prescription;
(3) the physician determines that providing the patient with multiple prescriptions in this manner does not create an undue risk of diversion or abuse; and
(4) the physician complies with all other applicable State and federal laws and regulations.
c. The State Board of Medical Examiners shall, by regulation, adopt a policy setting forth clear standards for the use of prescription drugs in pain management. The policy shall emphasize the primary goal of ensuring that suffering patients find relief, and shall also consider the need to protect the public health and safety by limiting access to controlled dangerous substances. In developing the policy, the State Board of Medical Examiners shall consider the provisions of the model policy established by the Federation of State Medical Boards.
(cf: P.L.2009, c.165, s.1)]1
17. (New section) a. A pharmacist shall not dispense a controlled substance prescription to a person other than the patient for whom the prescription is intended unless the person receiving the prescription provides personal identification, which the pharmacy shall submit to the Prescription Monitoring Program as required pursuant to subsection b. of section 25 of P.L.2007, c.244 (C.45:1-45). The provisions of this section shall not take effect until the director determines that the Prescription Monitoring Program has the technical capacity to accept such information.1
8. Section 20 of P.L.2003, c.280 (C.45:14-59) is amended to read as follows:
20. The Division of Consumer Affairs in the Department of Law and Public Safety shall establish the format for uniform, non-reproducible, non-erasable safety paper prescription blanks, to be known as New Jersey Prescription Blanks, which format shall include an identifiable logo or symbol that will appear on all prescription blanks and additional security features to prevent erasure or duplication of prescription blanks that can be accomplished with widely available computer technology. The prescription blanks for each prescriber or health care facility shall be numbered consecutively and, if the prescriber or health care facility has a National Provider Identifier, the prescription blank shall include the National Provider Identifier. The division shall approve a sufficient number of vendors to ensure production of an adequate supply of New Jersey Prescription Blanks for practitioners and health care facilities Statewide, but shall limit the number of vendors as necessary to ensure that vendors may be appropriately monitored to ensure that prescription blanks are delivered only to intended prescribers and health care facilities.
(cf: P.L.2007, c.244, s.22)
9. a. The Director of the Division of Consumer Affairs, in consultation with the State Board of Medical Examiners, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of section 3 of this act.
b. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of sections 4 through 6 and 8 of this act.
c. The State Board of Medical Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of section 7 of this act.
110. Section 29 of P.L.2007, c.244 (C.45:1-49) is amended to read as follows:
29. Penalties.
a. A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of P.L.2007, c.244 (C.45:1-45), who knowingly fails to submit data as required, shall be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21) and may be subject to a civil penalty in an amount not to exceed $1,000 for [repeated] failure to comply with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).
b. (1) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner, or any other person or entity who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be subject to a civil penalty in an amount not to exceed $10,000.
(2) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall also be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21).
c. A civil penalty imposed under subsections a., b., or d. of this section shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. A person not authorized to obtain prescription monitoring information from the Prescription Monitoring Program, who knowingly obtains or attempts to obtain such information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall be subject to a civil penalty in an amount not to exceed $10,000.
e. In addition to any other penalty provided by law, a person who is authorized to obtain prescription monitoring information from the Prescription Monitoring Program who knowingly discloses such information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall be guilty of a crime of the fourth degree.
f. In addition to any other penalty provided by law, a person who is authorized to obtain prescription monitoring information from the Prescription Monitoring Program who uses this information in the course of committing, attempting to commit, or conspiring to commit any criminal offense shall be guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction under this subsection shall not merge with a conviction of any other offense, nor shall any other conviction merge with a conviction under this subsection. The court shall impose separate sentences upon a conviction under this subsection and any other criminal offense.
g. In addition to any other penalty provided by law, a person who is not authorized to obtain prescription monitoring information from the Prescription Monitoring Program who knowingly obtains or attempts to obtain such information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall be guilty of a crime of the third degree.
h. Notwithstanding the provisions of subsection a. of section 12 of P.L.1978, c.73 (C.45:1-25) to the contrary, and in addition to any other penalty provided by law, a licensed health care professional who engages in improper prescribing shall be liable to a civil penalty of not less than $10,000 for the first violation and not less than $20,000 for the second and each subsequent violation.
(cf: P.L.2007, c.244, s.29)1
1[10.] 11.1 Sections 1 and 2 of this act shall take effect immediately. Sections 3 through 8 shall take effect on the first day of the seventh month next following the date of enactment, but the State Board of Medical Examiners and the Director of the Division of Consumer Affairs may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
