ASSEMBLY, No. 547

 

STATE OF NEW JERSEY

 

211th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION

 

 

Sponsored by:

Assemblywoman CONNIE MYERS

District 23 (Warren and Hunterdon)

 

 

 

 

SYNOPSIS

    Eliminates age limitation of 62 for offering of premiums and rebates in connection with sale of drugs.

 

CURRENT VERSION OF TEXT

    Introduced Pending Technical Review by Legislative Counsel.

 


An Act concerning the retail sale of prescription drugs and amending R.S.45:14-12.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. R.S.45:14-12 is amended to read as follows:

    45:14-12. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board may refuse an application for examination or may suspend or revoke the certificate of a registered pharmacist or a registered assistant pharmacist upon proof satisfactory to the board that such registered pharmacist or such registered assistant pharmacist is guilty of grossly unprofessional conduct and the following acts are hereby declared to constitute grossly unprofessional conduct for the purpose of this act:

    a. Paying rebates or entering into an agreement for payment of rebates to any physician, dentist or other person for the recommending of the services of any person.

    b. The providing or causing to be provided to a physician, dentist, veterinarian or other persons authorized to prescribe, prescription blanks or forms bearing the pharmacist's or pharmacy's name, address or other means of identification.

    c. (Deleted by amendment.)

    d. The claiming of professional superiority in the compounding or filling of prescriptions or in any manner implying professional superiority which may reduce public confidence in the ability, character or integrity of other pharmacists.

    e. Fostering the interest of one group of patients at the expense of another which compromises the quality or extent of professional services or facilities made available.

    f. [The distribution of premiums or rebates of any kind whatever in connection with the sale of drugs and medications provided, however, that trading stamps and similar devices shall not be considered to be rebates for the purposes of this chapter and provided further that discounts, premiums and rebates may be provided in connection with the sale of drugs and medications to any person who is 62 years of age or older. Before a certificate shall be refused, suspended or revoked, the accused person shall be furnished with a copy of the complaint and given a hearing before the board. Any person whose certificate is so suspended or revoked shall be deemed an unregistered person during the period of such suspension or revocation, and as such shall be subject to the penalties prescribed in this chapter, but such person may, at the discretion of the board, have his certificate reinstated at any time without an examination, upon application to the board. Any person to whom a certificate shall be denied by the board or whose certificate shall be suspended or revoked by the board shall have the right to review such action by appeal to the Appellate Division of the Superior Court in lieu of prerogative writ.] (Deleted by amendment, P.L. , c. )

    g. Advertising of prescription drug prices in a manner inconsistent with rules and regulations promulgated by the Director of the Division of Consumer Affairs; provided, however, no such advertising of any drug or substance shall be authorized unless the Commissioner of Health and Senior Services shall have determined that such advertising is not harmful to public health, safety and welfare.

    Before a certificate shall be refused, suspended or revoked, the accused person shall be furnished with a copy of the complaint and given a hearing before the board. Any person whose certificate is so suspended or revoked shall be deemed an unregistered person during the period of such suspension or revocation, and as such shall be subject to the penalties prescribed in this chapter, but such person may, at the discretion of the board, have his certificate reinstated at any time without an examination, upon application to the board. Any person to whom a certificate shall be denied by the board or whose certificate shall be suspended or revoked by the board shall have the right to review such action by appeal to the Appellate Division of the Superior Court in lieu of prerogative writ.

(cf: P.L.1999, c.403, s.11)

 

    2. This act shall take effect on the 60th day after enactment.

 

 

STATEMENT

 

    This bill eliminates the prohibition on pharmacists from distributing premiums, rebates or discounts in connection with the sale of drugs and medications.

    Currently, N.J.S.A.45:14-12 provides that the distribution of premiums or rebates by pharmacists to persons under 62 years of age constitutes grossly unprofessional conduct. The provisions of this bill would delete the age limitation and allow pharmacists to offer premiums or rebates to customers of any age.