Bill Text: NJ S3876 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires pharmacy practice sites to document reasons for not filling certain prescriptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-03 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3876 Detail]
Download: New_Jersey-2020-S3876-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Requires pharmacy practice sites to document reasons for not filling certain prescriptions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pharmacy practice sites and amending P.L.2007, c.199.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.199 (C.45:14-67.1) is amended to read as follows:
1. a. (1) A pharmacy practice site has a duty to properly fill lawful prescriptions for prescription drugs or devices that it carries for customers, without undue delay, despite any conflicts of employees to filling a prescription and dispensing a particular prescription drug or device due to sincerely held moral, philosophical or religious beliefs ; and
(2) Consistent with the provisions of this section, if a pharmacy practice site determines that a patient's prescription is unlawful, the pharmacy practice site shall briefly explain and record this determination in the pharmacy practice site's patient profile system and make the determination available to the patient and the patient's prescribing physician within 48 hours of the pharmacy practice site's decision to not fill the patient's prescription .
b. If a pharmacy practice site does not have in stock a prescription drug or device that it carries, and a patient presents a prescription for that drug or device, the pharmacy practice site shall offer:
(1) to obtain the drug or device under its standard expedited ordering procedures; or
(2) to locate a pharmacy that is reasonably accessible to the patient and has the drug or device in stock, and transfer the prescription there in accordance with the pharmacy practice site's standard procedures.
The pharmacy practice site shall perform the patient's chosen option without delay. If the patient so requests, the pharmacist shall return an unfilled prescription to the patient.
c. If a pharmacy practice site does not carry a prescription drug or device, and a patient presents a prescription for that drug or device, the pharmacy practice site shall offer to locate a pharmacy that is reasonably accessible to the patient and has the drug or device in stock.
d. A person who believes that a violation of this section has occurred may report the violation to the New Jersey State Board of Pharmacy.
(cf: P.L.2007, c.199, s.1)
2. This act shall take
effect immediately.
STATEMENT
This bill requires pharmacy practice sites to document reasons for not filling certain prescriptions.
Under the bill, if a pharmacy practice site determines that a patient's prescription is unlawful, the pharmacy practice site is to briefly explain and record this determination in the pharmacy practice site's patient profile system and make the determination available to the patient and the patient's prescribing physician within 48 hours of the pharmacy practice site's decision to not fill the patient's prescription.
It is the sponsor's belief that pill shaming occurs when an individual expresses a negative opinion or disdain for a person who is prescribed medication to treat a mental health issue. Pill shaming perpetuates behaviors and emotions that may leave someone feeling alone and isolated. It is the sponsor's intent that the enactment of this bill will curtail the practice of pill shaming and dispel the common misconception that those who are prescribed medication for a diagnosed mental health issue are affected with insanity or a frail mind.
