Bill Text: NJ A4035 | 2016-2017 | Regular Session | Introduced
Bill Title: Restricts initial prescriptions for opioid drugs to seven day supply.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-07-21 - Introduced, Referred to Assembly Health and Senior Services Committee [A4035 Detail]
Download: New_Jersey-2016-A4035-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Restricts initial prescriptions for opioid drugs to seven day supply.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning initial prescriptions for opioid drugs, amending P.L.1997, c.249, and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A practitioner shall not issue an initial prescription for an opioid drug which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41) in a quantity exceeding a seven-day supply. No less than six days after issuing the initial prescription, the practitioner may issue a subsequent prescription for the drug to the patient in any quantity that complies with applicable State and federal laws, provided that:
(1) the subsequent prescription would not be deemed an initial prescription under this section;
(2) the practitioner determines the prescription is necessary and appropriate to the patient's treatment needs; and
(3) the practitioner determines that issuance of the subsequent prescription does not present an undue risk of abuse, addiction, or diversion.
b. For the purposes of this section, a prescription shall be deemed an initial prescription if:
(1) the patient has never previously been issued a prescription for the drug or its pharmaceutical equivalent; or
(2) if the patient was previously issued a prescription for the drug or its pharmaceutical equivalent, the date on which the current prescription is being issued is more than one year after the date the patient last used or was administered the drug or its equivalent.
When determining whether a patient was previously issued a prescription for a drug or its pharmaceutical equivalent, the practitioner shall consult with the patient and review the patient's medical record and prescription monitoring information.
c. This section shall not apply to a prescription for a patient who is currently receiving hospice care from a licensed hospice.
2. Section 1 of P.L.1997, c.249 (C.45:9-22.19) is amended to read as follows:
1. a. [A] Except in the case of an initial prescription issued pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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] Except in the case of an initial prescription issued pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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.
(cf: P.L.2009, c.165, s.1)
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill provides that a practitioner may not issue an initial prescription for an opioid drug in a quantity exceeding a seven-day supply. Subsequent prescriptions for the drug may be issued in any quantity that complies with applicable State and federal laws, provided that the prescription is not deemed to be an initial prescription, the practitioner determines the prescription is necessary and appropriate to the patient's treatment needs, and the practitioner determines that issuance of the subsequent prescription does not present an undue risk of abuse, addiction, or diversion.
The bill will apply to prescriptions for opioid drugs for which the patient has never been issued a prescription, or if the patient was previously prescribed the drug or its pharmaceutical equivalent, the current prescription is being issued more than one year after the date the patient last used or was administered the drug or its equivalent. In determining whether a prescription is an "initial prescription," the practitioner will be required to consult with the patient and review the patient's medical record and prescription monitoring information.
The restriction on initial prescriptions for opioid drugs under the bill will not apply to prescriptions issued to patients receiving hospice care.
