Sponsored by:
Assemblywoman ANDREA KATZ
District 8 (Atlantic and Burlington)
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
Allows pharmacists to transfer Schedule II attention-deficit/hyperactivity disorder prescriptions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning transference of prescriptions 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] P.L.2003, c.280 (C.45:14-40 et seq.) 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.2017, c.338 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.2017, c.338 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.2017, c.338 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.
d. Notwithstanding any law or regulation to the contrary, a Schedule II controlled dangerous substance that is prescribed for attention-deficit/hyperactivity disorder may be transferred from a pharmacist to another pharmacist, provided the prescription transfer is in compliance with federal regulations.
(cf: P.L.2017, c.338.)
2. This act shall take effect on the 60th day next following enactment.
STATEMENT
This bill allows pharmacists to transfer Schedule II controlled dangerous substance prescriptions for attention-deficit/hyperactivity disorder to other pharmacists.
Specifically, the bill provides that a Schedule II controlled dangerous substance that is prescribed for attention-deficit/hyperactivity disorder may be transferred from a pharmacist to another pharmacist, provided the prescription transfer is in compliance with federal regulations.
Federal rules recently changed to allow the transfer of Schedule II-V controlled dangerous substance prescriptions between licensed pharmacies for the initial filling on a one-time basis only, upon request from the patient. New Jersey currently allows for transfers of Schedule III-V controlled dangerous substance prescriptions; this bill would expand allowable transfers to also include Schedule II controlled dangerous substance prescriptions.
The bill will allow for greater flexibility for people attempting to fill attention-deficit/hyperactivity disorder prescriptions. The ability to easily transfer prescriptions between pharmacies is especially valuable to patients who are attempting to fill prescriptions for medicine that is less available due to a shortage. Currently, when a patient is unable to fill a prescription at a particular pharmacy, the patient must ask their health care provider to send a new prescription to a different pharmacy. The bill will allow for a more efficient transfer process, by allowing pharmacies to directly transfer attention-deficit/hyperactivity disorder prescriptions.