SENATE, No. 143

 

STATE OF NEW JERSEY

 

210th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2002 SESSION

 

 

Sponsored by:

Senator BARBARA BUONO

District 18 (Middlesex)

 

 

 

 

SYNOPSIS

    Requires prescription drug labels to indicate if prescribed drug is a generic product.

 

CURRENT VERSION OF TEXT

    Introduced Pending Technical Review by Legislative Counsel.

 


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] than two years after the last refilling[, and]. The pharmacist shall 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 generic name of the product dispensed unless the prescriber states otherwise on the original written prescription[,]; a prominent display of the words "GENERIC DRUG" in the form herein indicated, when such a product is being dispensed, except that these words may alternatively be displayed in a prominent manner on a separate label that adheres to the container; 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. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends N.J.S.A.45:14-15 to require that all prescription drug labels clearly indicate whether a drug that is being dispensed to a consumer is a generic product by prominently displaying the words "GENERIC DRUG" on the prescription drug label, or on a separate label that adheres to the drug container, when such a product is being dispensed.

    As a technical matter, this bill also updates references to "nurse practitioner/clinical nurse specialist" as "advanced practice nurse" in order to reflect the provisions of P.L.1999, c.85.