Bill Text: NJ A711 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires proof of identification for dispensation of certain prescription medications.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Health and Senior Services Committee [A711 Detail]
Download: New_Jersey-2014-A711-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Requires proof of identification for dispensation of certain prescription medications.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prescription medications and amending P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1970, c.226 (C.24:21-15) is amended to read as follows:
15. Prescriptions. a. Except when dispensed directly in good faith by a practitioner, other than a pharmacist, in the course of his professional practice only, to an ultimate user, no controlled dangerous substance included in Schedule II, which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41), may be dispensed without the written prescription of a practitioner; provided that in emergency situations, as prescribed by the division by regulation, such drug may be dispensed upon oral prescription reduced promptly to writing and filed by the pharmacist, if such oral prescription is authorized by federal law. Prescriptions shall be retained in conformity with the requirements of section 13 of P.L.1970, c.226 (C.24:21-13). No prescription for a Schedule II substance may be refilled.
b. Except when dispensed directly in good faith by a practitioner, other than a pharmacist, in the course of his professional practice only, to an ultimate user, no controlled dangerous substance included in Schedules III and IV which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41) may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner.
c. No controlled dangerous substance included in Schedule V may be distributed or dispensed other than for a valid and accepted medical purpose.
d. A practitioner other than a veterinarian who prescribes a controlled dangerous substance in good faith and in the course of his professional practice may administer the same or cause the same to be administered by a nurse or intern under his direction and supervision.
e. A veterinarian who prescribes a controlled dangerous substance not for use by a human being in good faith and in the course of his professional practice may administer the same or cause the same to be administered by an assistant or orderly under his direction and supervision.
f. A person who has obtained a controlled dangerous substance from the prescribing practitioner for administration to a patient during the absence of the practitioner shall return to the practitioner any unused portion of the substance when it is no longer required by the patient or when its return is requested by the practitioner.
g. Whenever it appears to the division that a drug not considered to be a prescription drug under existing State law should be so considered because of its abuse potential, it shall so advise the New Jersey State Board of Pharmacy and furnish to it all available data relevant thereto.
h. No narcotic drug which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41) may be dispensed to a patient or to a designated caregiver unless the patient or caregiver presents a current and valid photo identification card. In addition, a narcotic drug which is a prescription drug may not be dispensed to a designated caregiver unless the caregiver is at least 18 years of age, the patient identifies the caregiver at the time the prescription is issued, the name of the caregiver is transmitted by the practitioner along with the prescription, and the name of the caregiver appears on the prescription.
In the case of a patient who is a minor, the patient's parent, resource family parent, or legal guardian shall be identified as the patient's designated caregiver except that, in the practitioner's discretion, another relative who is at least 18 years of age may be identified as the patient's designated caregiver.
(cf: P.L.2007, c.244, s.14)
2. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as are necessary to effectuate the provisions of this act.
3. This act shall take effect the first day of the fourth month next following enactment.
STATEMENT
This bill would require patients and their designated caregivers to provide a current and valid photo identification card when picking up prescriptions for narcotic medications, which include opium and opiates, opium and opiate derivatives, and certain stimulants.
A designated caregiver would not be authorized to pick up a prescription for a narcotic drug on behalf of a patient unless the caregiver is at least 18 years of age, the patient identifies the caregiver at the time the prescription is issued, the practitioner issuing the prescription transmits the caregiver's name along with the prescription, and the caregiver's name appears on the prescription. In the case of a patient who is a minor, the patient's parent, resource family parent, or legal guardian would be identified as the designated caregiver except that, in the practitioner's discretion, another relative who is at least 18 years of age could be identified as the patient's designated caregiver.
