ASSEMBLY, No. 938
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2002 SESSION
Assemblyman JOHN E. ROONEY
District 39 (Bergen)
Requires prescription drug labels to bear brand name of prescribed drug as well as name of any generic drug substituted for brand name drug.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
(Sponsorship Updated As Of: 5/7/2002)
An Act concerning prescription drug labels and amending R.S.45:14-15.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.45:14-15 is amended to read as follows:
45:14-15. The registered pharmacist compounding, dispensing, filling or selling a prescription shall place the original written prescription in a file kept for that purpose for a period of not less than five years if such period is not less then two years after the last refilling, and affix to the container in which the prescription is dispensed, a label bearing the name and complete address of the pharmacy or drug store in which dispensed, the brand name [or], and if a generic product is substituted therefor the generic name as well, of the product dispensed unless the prescriber states otherwise on the original written prescription, the date on which the prescription was compounded and an identifying number under which the prescription is recorded in his files, together with the name of the physician, dentist, optometrist, veterinarian, other medical practitioner, certified nurse midwife, [nurse practitioner/clinical nurse specialist] advanced practice nurse or physician assistant, prescribing it and the directions for the use of the prescription by the patient, as directed on the prescription of the physician, dentist, optometrist, veterinarian, other medical practitioner, certified nurse midwife, [nurse practitioner/clinical nurse specialist] advanced practice nurse or physician assistant, licensed or approved to write prescriptions. Every registered pharmacist who fills or compounds a prescription, or who supervises the filling or compounding or a prescription by a person other than a pharmacist registered in this State, shall place his name or initials on the original prescription or on the label affixed to the container in which the prescription is dispensed or in a book kept for the purpose of recording prescriptions. The Board of Pharmacy or any of its agents is hereby empowered to inspect the prescription files and other prescription records of a pharmacy and to remove from said files and take possession of any original prescription, providing, that the authorized agent removing or taking possession of an original prescription shall place in the file from which it was removed a copy certified by said person to be a true copy of the original prescription thus removed; provided further, that the original copy shall be returned by the Board of Pharmacy to the file from which it was removed after it has served the purpose for which it was removed.
(cf: P.L.1991, c.385, s.5)
2. (New section) The Board of Pharmacy in the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
3. This act shall take effect on the 180th day after enactment.
This bill amends N.J.S.A.45:14-15 to require that all prescription drug labels bear the brand name of the prescribed drug as well as the name of any generic drug substituted for the brand name drug (unless the prescriber states otherwise on the original written prescription, as the statute currently provides).
The purpose of the bill is to provide information that may be beneficial to consumers in clarifying any confusion that might possibly arise as to the identity of the medication which was prescribed and the medication being dispensed.
As a technical matter, the bill updates references to "nurse practitioner/clinical nurse specialist" as "advanced practice nurse" in order to reflect the provisions of P.L.1999, c.85.