Bill Text: NJ S3240 | 2018-2019 | Regular Session | Amended

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Bill Title: "Charlie's Law"; requires pharmacy practice sites and hospice programs to furnish patients with information and products to safely dispose of unused prescription drugs and medications.**

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Vetoed) 2019-05-13 - Conditional Veto, Received in the Senate [S3240 Detail]

Download: New_Jersey-2018-S3240-Amended.html

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[First Reprint]

SENATE, No. 3240

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED DECEMBER 3, 2018

 

 

Sponsored by:

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

     "Charlie's Law"; requires that prescribers and pharmacy practice sites furnish patients with information and products concerning safe disposal of drugs and needles.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Health, Human Services and Senior Citizens Committee on January 17, 2019, with amendments.

 

An Act concerning prescription medications and supplementing Title 24 and Title 45 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   a.   A health care professional authorized to issue prescriptions shall, when issuing any prescription for a drug or medication which is a controlled dangerous substance, and when issuing a prescription for any other prescription drug or medication as may be designated by the Commissioner of Health by regulation:

     (1)   provide the patient with ¹[oral instructions and]¹ written informational materials advising that when unused, unwanted, or expired drugs and medications are not properly, safely, and promptly disposed of:

     (a)   there is a risk that the drug or medication can be stolen, diverted, abused, misused, or accidentally ingested, which can pose a risk to the health and safety of the patient and other members of the patient's household;

     (b)   children are particularly at risk of accidentally ingesting unused, unwanted, and expired medications that have not been properly, safely, and promptly disposed of;

     (c)   when drugs or medications are disposed of in the household trash or flushed down the drain, the drugs and medications can leak into the ecosystem, which can have a potentially adverse or harmful effect on the environment; and

     (d)   when drugs or medications are disposed of in the household trash without the drug or medication having been rendered deactivated, inaccessible, or otherwise unpalatable, the drug or medication may be stolen by individuals seeking to divert, abuse, or misuse the drug or medication;

     (2)   offer to make available for purchase, or furnish at no cost to the patient, a product that can be used to permanently sequester or deactivate unused, unwanted, or expired drugs and medications for the purpose of safely disposing of the drugs and medications; and

     (3)   provide the patient with ¹[oral and]¹ written ¹[instructions on] informational materials concerning¹ how to properly, safely, and promptly dispose of unused, unwanted, or expired drugs and medications, which may include, but shall not be limited to, ¹[providing]¹ instructions concerning the use of a product furnished to the patient pursuant to paragraph (2) of this subsection ¹[, and advising the patient of] and information concerning¹ the availability of secure prescription medication drop-off receptacles and prescription medication take back programs. ¹The health care professional, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this paragraph.¹

     The requirements of this subsection shall apply to each prescription issued by the health care professional, regardless of whether the prescription is being issued to a new or existing patient, regardless of whether the prescription is for a new drug or medication or renews or refills a current prescription, and regardless of the health care setting in which the prescription is issued.

      b.   At such time as any change is made to a patient's course of treatment that results in a change in the drugs or medications prescribed for the patient, or in the patient discontinuing the use of a prescription drug or medication, the health care professional providing care or treatment to the patient shall:

     (1)   provide the patient with ¹[oral instructions and]¹ written informational materials advising that when unused, unwanted, or expired drugs and medications are not properly, safely, and promptly disposed of:

     (a)   there is a risk that the drug or medication can be stolen, diverted, abused, misused, or accidentally ingested, which can pose a risk to the health and safety of the patient and other members of the patient's household;

     (b)   children are particularly at risk of accidentally ingesting unused, unwanted, and expired medications that have not been properly, safely, and promptly disposed of;

     (c)   when drugs or medications are disposed of in the household trash or flushed down the drain, the drugs and medications can leak into the ecosystem, which can have a potentially adverse or harmful effect on the environment; and

     (d)   when drugs or medications are disposed of in the household trash without the drug or medication having been rendered deactivated, inaccessible, or otherwise unpalatable, the drug or medication may be stolen by individuals seeking to divert, abuse, or misuse the drug or medication;

     (2)   offer to make available for purchase, or furnish at no cost to the patient, a product that can be used to permanently sequester or deactivate unused, unwanted, or expired drugs and medications for the purpose of safely disposing of the drugs and medications; and

     (3)   provide the patient with ¹[oral and]¹ written ¹[instructions on] informational materials concerning¹ how to properly, safely, and promptly dispose of unused, unwanted, or expired drugs and medications, which may include, but shall not be limited to, ¹[providing]¹ instructions concerning the use of a product furnished to the patient pursuant to paragraph (2) of this subsection ¹[, and advising the patient of]  and information concerning¹ the availability of secure prescription medication drop-off receptacles and prescription medication take back programs. ¹The health care professional, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this paragraph.¹

     The requirements of this subsection shall apply to any change to a patient's course of treatment that results in a change in the drugs or medications prescribed for the patient, or in the patient discontinuing the use of a prescription drug or medication, regardless of whether the patient is a new or existing patient, and regardless of the health care setting in which the care or treatment is provided.

     c.     Any time a health care professional authorized to issue prescriptions issues a prescription for a hypodermic syringe or needle or for any drug or other medication which is to be administered using a hypodermic syringe or needle, the health care professional shall provide the patient with ¹[oral instructions and] the¹ written informational materials ¹prepared by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to section 3 of this act¹ concerning the safe disposal of used hypodermic syringes and needles so as to prevent against the potential transmission of bloodborne pathogens that can occur when used hypodermic syringes and needles are reused or when they cause accidental injury.  ¹The health care professional, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this subsection.¹

 

     2.    a.  A pharmacy practice site or health care professional that dispenses prescription drugs, other than a long-term care pharmacy, shall, when dispensing to an individual located in this State a prescription drug or medication which is a controlled dangerous substance, and when dispensing any other prescription drug or medication as may be designated by the Commissioner of Health by regulation:

     (1)   provide the patient with ¹[oral instructions and]¹ written informational materials advising that when unused, unwanted, or expired drugs and medications are not properly, safely, and promptly disposed of:

     (a)   there is a risk that the drug or medication can be stolen, diverted, abused, misused, or accidentally ingested, which can pose a risk to the health and safety of the patient and other members of the patient's household;

     (b)   children are particularly at risk of accidentally ingesting unused, unwanted, and expired medications that have not been properly, safely, and promptly disposed of;

     (c)   when drugs or medications are disposed of in the household trash or flushed down the drain, the drugs and medications can leak into the ecosystem, which can have a potentially adverse or harmful effect on the environment; and

     (d)   when drugs or medications are disposed of in the household trash without the drug or medication having been rendered deactivated, inaccessible, or otherwise unpalatable, the drug or medication may be stolen by individuals seeking to divert, abuse, or misuse the drug or medication;

     (2)   offer to make available for purchase, or furnish at no cost to the patient, a product that can be used to permanently sequester or deactivate unused, unwanted, or expired drugs and medications for the purpose of safely disposing of the drugs and medications; and

     (3)   provide the patient with ¹[oral and]¹ written ¹[instructions on] informational materials concerning¹ how to properly, safely, and promptly dispose of unused, unwanted, or expired drugs and medications, which may include, but shall not be limited to, ¹[providing]¹ instructions concerning the use of a product furnished to the patient pursuant to paragraph (2) of this subsection ¹[, and advising the patient of]  and information concerning¹ the availability of secure prescription medication drop-off receptacles and prescription medication take back programs.  ¹The individual dispensing the prescription drug, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this paragraph.¹

     b.    The requirements of subsection a. of this section shall apply regardless of whether the prescription is an initial prescription or a renewal or refill of an existing prescription, and regardless of whether the patient is a new or returning customer at the pharmacy practice site or is a new or existing patient of the health care professional.

     c.     Any time a pharmacy practice site or health care professional that dispenses prescription drugs, other than a long-term care pharmacy, sells or dispenses a hypodermic syringe or needle, regardless of whether the hypodermic syringe or needle is sold or dispensed pursuant to a prescription, the pharmacy practice site or health care professional shall provide the patient with ¹[oral instructions and] the¹ written informational materials ¹prepared by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to section 3 of this act¹ concerning the safe disposal of used hypodermic syringes and needles so as to prevent against the potential transmission of bloodborne pathogens that can occur when used hypodermic syringes and needles are reused or when they result in accidental injury.  ¹The individual selling or dispensing the hypodermic syringe or needle, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this subsection.¹

     ¹3.   The Division of Consumer Affairs in the Department of Law and Public Safety shall prepare written informational materials for distribution to patients by health care professionals and pharmacy practice sites concerning the safe disposal of used hypodermic syringes and needles so as to prevent against the potential transmission of bloodborne pathogens that can occur when used hypodermic syringes and needles are reused or when they result in accidental injury.  The written informational materials shall be made available through the division's Internet website and shall be distributed to health care professionals and pharmacy practice sites upon request.¹

 

     ¹[3.] 4.¹     This act shall take effect ¹[30] 90¹ days after the date of enactment.