Bill Text: NJ A263 | 2020-2021 | Regular Session | Introduced

New Jersey Assembly Bill 263 (Prior Session Legislation)

Introduced

Bill Title: Requires persons picking up prescriptions for Schedule II controlled dangerous substances to present identification.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Health Committee [A263 Detail]

Download: New_Jersey-2020-A263-Introduced.html

ASSEMBLY, No. 263

STATE OF NEW JERSEY

219th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

Sponsored by:

Assemblyman JOHN ARMATO

District 2 (Atlantic)

Assemblyman VINCENT MAZZEO

District 2 (Atlantic)

SYNOPSIS

Requires persons picking up prescriptions for Schedule II controlled dangerous substances to present identification.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning the dispensing of prescriptions for Schedule II controlled dangerous substances and supplementing Title 24 of the Revised Statutes.

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

1. a. A pharmacist shall not dispense a Schedule II controlled dangerous substance, unless the ultimate user first:

(1) presents a photographic identification card issued by a state, or by the federal government; or presents another form of documentation that constitutes acceptable proof of identity for the purposes of 8 CFR s.274a.2(b)(1)(v)(A) or (B); and

(2) signs a logbook maintained by the pharmacist, and prints therein the signatory's name and address, as well as the date and time of dispensation.

b. Before dispensing a Schedule II controlled dangerous substance, in accordance with the provisions of subsection a. of this section, the pharmacist shall ensure that the name entered in the logbook matches the name that appears on the ultimate user's identification card or other appropriate identity documentation; and shall further verify that the logbook reflects the correct date and time of dispensation. The pharmacist shall also record, in the logbook, the name and amount of the substance that is being dispensed. The pharmacist shall maintain each entry in the logbook for not less than two years after the date on which the entry is made.

c. The logbook maintained by a pharmacist, for the purposes of this section, shall include a written notice, at the top of each page, indicating that the knowing inclusion of false information in the logbook will subject the signatory to prosecution under N.J.S.2C:28-3.

d. (1) Information contained in a pharmacist's logbook, pursuant to this section, shall not be disclosed for any purpose, except when such disclosure is necessary to facilitate a drug recall for the protection of public health and safety, or is necessary for law enforcement purposes, in association with the enforcement of this section or other relevant provisions of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.).

(2) Any pharmacist who, in good faith, discloses information from a logbook maintained thereby, in accordance with the provisions of this subsection, shall not be subject to any criminal or civil liability, or any professional disciplinary action under Title 45 of the Revised Statutes, as a result of such disclosure.

e. The Commissioner of Health and the State Board of Pharmacy, in consultation with each other, shall each adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this section.

2. This act shall take effect on the 60th day after the date of enactment, except that the Commissioner of Health and the State Board of Pharmacy may take administrative action, in advance thereof, as may be necessary for the implementation of this act.

STATEMENT

This bill would prohibit a pharmacist from dispensing a Schedule II controlled dangerous substance (CDS), unless the ultimate user (i.e., the person who is authorized to lawfully possess a CDS for his or her own use, or for the use of a member of the person's household, or for administration to an animal owned by the person or by a member of the person's household):

(2) signs a logbook maintained by the pharmacist, and prints therein the signatory's name and address, as well as the date and time of dispensation.

Before dispensing a Schedule II CDS, the pharmacist will be required to ensure that the name entered in the logbook matches the name that appears on the ultimate user's identification card or other appropriate identity documentation; and will further be required to verify that the logbook reflects the correct date and time of dispensation. The pharmacist will also be required to record, in the logbook, the name and amount of the substance that is being dispensed. The pharmacist is to maintain each entry in the logbook for at least two years after the date on which the entry is made.

The logbook maintained by the pharmacist would include a written notice, at the top of each page, indicating that the knowing inclusion of false information in the logbook will subject the signatory to prosecution under N.J.S.2C:28-3, which is the provision of law that establishes unsworn falsification as a crime of the fourth degree.

The bill would specify that the information contained in a pharmacist's logbook may not be disclosed for any purpose, except when such disclosure is necessary to facilitate a drug recall for the protection of public health and safety, or is necessary for law enforcement purposes, in association with the enforcement of this bill and other relevant provisions of the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.). Any pharmacist who discloses logbook information, in good faith, and as authorized by the bill, would be immune from criminal, civil, and professional liability for such disclosure.

The bill would require both the Commissioner of Health and the State Board of Pharmacy, in consultation with each other, to adopt rules and regulations to implement the bill's provisions.