ASSEMBLY, No. 3277
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 27, 2004
Assemblyman HERBERT CONAWAY, JR.
District 7 (Burlington and Camden)
Generally prohibits reuse of returned dispensed prescription drugs.
CURRENT VERSION OF TEXT
An Act concerning reuse of returned prescription drugs and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Prescription drugs dispensed to a patient shall not be returned to stock of any pharmacy or pharmaceutical benefits manager for reuse or resale in this State, except as provided in subsection b. of this section.
b. Unopened, unexpired prescription drugs dispensed to, but not used by, a patient within a licensed health care facility, may be reused at the facility in accordance with regulations issued by the State Board of Pharmacy.
2. This act shall take effect on the first day of the fourth month after enactment.
This bill would prohibit the reuse and resale of prescription drugs that have been returned after being dispensed to patients, with the exception of unopened, unexpired drugs dispensed to, but not used by, patients in certain licensed health care facilities specified by the State Board of Pharmacy, which has issued regulations concerning reuse of unopened, unexpired drugs in such facilities.
Most state boards of pharmacy, including New Jersey's Board of Pharmacy, recognize that a drug's strength, quality, purity and identity cannot be assured once it has left the pharmacy, and have issued regulations that generally forbid pharmacists from returning to their inventories drugs which have been dispensed to patients. The federal Food and Drug Administration endorses this policy. Some states, however, do not prohibit the practice. Consequently, New Jersey residents receiving drugs from suppliers such as mail-order pharmacies may receive drugs that have been returned to stock and may be ineffective or harmful. This bill is intended to assure the integrity of all drugs dispensed to New Jersey residents, including drugs supplied other than through community-based pharmacies.