Bill Text: NJ S757 | 2014-2015 | Regular Session | Introduced
Bill Title: Increases penalties for improper prescribing of drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S757 Detail]
Download: New_Jersey-2014-S757-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
SYNOPSIS
Increases penalties for improper prescribing of drugs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning improper prescribing of drugs and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Board" means the professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety that licenses or otherwise authorizes a practitioner to engage in that person's professional practice.
"Health care professional" means a person who is licensed, registered, or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes.
"Improper prescribing" or "improper prescription" means the prescribing of a drug in an indiscriminate manner, or not in good faith, or without good cause, or otherwise in violation of any State or federal law or regulation, and which constitutes professional misconduct as determined by the board. For the purposes of this section, the issuance of an initial such prescription or order and any refill of that initial prescription or order shall each be counted as a separate instance of "improper prescribing" or an "improper prescription."
"Practitioner" means a health care professional who is authorized by State law to prescribe in the course of that person's professional practice.
"Prescribing" or "prescribe" means the issuance of a prescription or order for a prescription drug by a practitioner.
"Prescription" means the direction for use of a prescription drug for the treatment or prevention of a disease, illness, injury, or other condition, which is written, signed, or otherwise transmitted by a person authorized by law to do so, and which includes the instructions for using that drug.
"Prescription drug" means a drug that, as required by any State or federal law or regulation, is prescribed by a practitioner.
b. Notwithstanding the provisions of any other law to the contrary and in addition to any other penalty provided by law, a practitioner who engages in improper prescribing is subject to the following action by the board:
(1) if the number of improper prescriptions does not exceed 10, a suspension of that individual's license or other authorization to practice for a period not to exceed six months, at the conclusion of which period the practitioner may apply to the board for reinstatement of the individual's license or other authorization to practice;
(2) if the number of improper prescriptions is more than 10 but does not exceed 50, a suspension of that individual's license or other authorization to practice for a period not to exceed one year, at the conclusion of which period the practitioner may apply to the board for reinstatement of the individual's license or other authorization to practice;
(3) if the number of improper prescriptions is more than 50 but does not exceed 100, a suspension of that individual's license or other authorization to practice for a period not to exceed five years, at the conclusion of which period the practitioner may apply to the board for reinstatement of the individual's license or other authorization to practice; and
(4) if the number of improper prescriptions is more than 100, a permanent revocation of that individual's license or other authorization to practice.
c. In addition, or as an alternative, to an action by the board pursuant to subsection b. of this section, a practitioner who engages in improper prescribing is liable to a civil penalty as follows:
(1) if the number of improper prescriptions does not exceed 10, a penalty not to exceed $50,000;
(2) if the number of improper prescriptions is more than 10 but does not exceed 50, a penalty not to exceed $100,000;
(3) if the number of improper prescriptions is more than 50 but does not exceed 100, a penalty not to exceed $250,000; and
(4) if the number of improper prescriptions is more than 100, a penalty not to exceed $500,000.
d. A civil penalty imposed pursuant to subsection c. of this section shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding. The Attorney General shall bring an action in the name of the board for the collection or enforcement of the civil penalty, and the provisions of section 12 of P.L.1978, c.73 (C.45:1-25) shall apply with respect to the process in such action and the ordering of payment of costs for the use of the State.
2. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill increases penalties against practitioners for improper prescribing.
"Practitioner" is defined in the bill as a person who is licensed, registered, or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes, and is authorized by State law to prescribe in the course of that person's professional practice.
"Improper prescribing" is defined as the prescribing of a drug in an indiscriminate manner, or not in good faith, or without good cause, or otherwise in violation of any State or federal law or regulation, and which constitutes professional misconduct as determined by the applicable licensing board. For the purposes of this bill, the issuance of an initial such prescription or order and any refill of that initial prescription or order will each be counted as a separate instance of "improper prescribing" or an "improper prescription."
The bill provides that, notwithstanding the provisions of any other law to the contrary and in addition to any other penalty provided by law, a practitioner who engages in improper prescribing is subject to the following action by the applicable licensing board:
-- if the number of improper prescriptions does not exceed 10, a suspension of that individual's license or other authorization to practice for a period not to exceed six months, at the conclusion of which period the practitioner may apply to the board for reinstatement of the individual's license or other authorization to practice;
-- if the number of improper prescriptions is more than 10 but does not exceed 50, a suspension of that individual's license or other authorization to practice for a period not to exceed one year, at the conclusion of which period the practitioner may apply to the board for reinstatement of the individual's license or other authorization to practice;
-- if the number of improper prescriptions is more than 50 but does not exceed 100, a suspension of that individual's license or other authorization to practice for a period not to exceed five years, at the conclusion of which period the practitioner may apply to the board for reinstatement of the individual's license or other authorization to practice; and
-- if the number of improper prescriptions is more than 100, a permanent revocation of that individual's license or other authorization to practice.
In addition, or as an alternative, to a disciplinary action by the applicable board pursuant to this bill, a practitioner who engages in improper prescribing is liable to a civil penalty as follows:
-- if the number of improper prescriptions does not exceed 10, a penalty not to exceed $50,000;
-- if the number of improper prescriptions is more than 10 but does not exceed 50, a penalty not to exceed $100,000;
-- if the number of improper prescriptions is more than 50 but does not exceed 100, a penalty not to exceed $250,000; and
-- if the number of improper prescriptions is more than 100, a penalty not to exceed $500,000.
A civil penalty imposed pursuant to the bill is to be collected by summary proceeding, under the "Penalty Enforcement Law of 1999," in a civil action brought by the Attorney General.
The bill takes effect on the first day of the third month following enactment.
