Bill Text: NJ S803 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires health care practitioners to inform patients of addiction potential of controlled dangerous substances prior to issuing prescription.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S803 Detail]
Download: New_Jersey-2016-S803-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Co-Sponsored by:
Senators Lesniak, Addiego, Allen, Codey, Gordon, Madden, Rice, Singer, Whelan and Greenstein
SYNOPSIS
Requires health care practitioners to inform patients of addiction potential of controlled dangerous substances prior to issuing prescription.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning prescription drugs 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. (1) Prior to issuing the first prescription of a course of treatment that includes a schedule II controlled dangerous substance or any other opioid drug which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41), and again prior to issuing the third prescription of the course of treatment, a practitioner shall discuss with the patient, or the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the controlled dangerous substance and alternative treatments that may be available. The practitioner shall obtain a written acknowledgement, on a form developed made available by the Division of Consumer Affairs, that the patient or the patient's parent or guardian, as applicable, has discussed with the practitioner the risks of developing a physical or psychological dependence on the controlled dangerous substance and alternative treatments that may be available. The Division of Consumer Affairs shall develop and make available to practitioners guidelines for the discussion required pursuant to this paragraph.
(2) When a schedule II controlled dangerous substance or any other prescription opioid drug is continuously prescribed for three months or more, the practitioner:
(a) shall review, at a minimum of every three months, the course of treatment, any new information about the etiology of the pain, and the patient's progress toward treatment objectives;
(b) shall remain alert to problems associated with physical and psychological dependence; and
(c) shall periodically make reasonable efforts, unless clinically contraindicated, to either stop the use of the controlled substance, decrease the dosage, try other drugs or treatment modalities in an effort to reduce the potential for abuse or the development of physical or psychological dependence.
(3) This subsection shall not apply to a prescription for a patient who is currently receiving hospice care from a licensed hospice.
(cf: P.L.2007, c.244, s.14)
2. This act shall take
effect immediately.
STATEMENT
This bill requires that a health care practitioner, prior to issuing the first prescription of a course of treatment involving a schedule II controlled dangerous substance or other prescription opioid drug, and again prior to issuing the third prescription of the course of treatment, discuss with a patient, or the patient's parent or guardian if the patient is under 18 years of age and not an emancipated minor, the risks of developing a physical or psychological dependence on the controlled dangerous substance and alternative treatments that may be available.
The practitioner must also obtain a written acknowledgement from the patient or the patient's parent or guardian that this discussion has taken place. The requirement would not apply to a prescription for a patient who is currently receiving hospice care from a licensed hospice.
The bill also codifies existing regulations at N.J.A.C.3:35-7.6(d), with amendments, to require that, when a schedule II controlled dangerous substance or any other prescription opioid drug is continuously prescribed for three months or more, the practitioner: (1) review, at a minimum of every three months, the course of treatment, any new information about the etiology of the pain, and the patient's progress toward treatment objectives; (2) remain alert to problems associated with physical and psychological dependence; and (3) periodically make reasonable efforts, unless clinically contraindicated, to either stop the use of the controlled substance, decrease the dosage, or try other drugs or treatment modalities in an effort to reduce the potential for abuse or the development of physical or psychological dependence.
