Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Requires electronic health records systems to meet requirements to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning electronic prescribing requirements and amending P.L.2003, c.280.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.2003, c.280 (C.45:14-58) is amended to read as follows:
19. a. Nothing contained in this act shall preclude a practitioner from transmitting to a pharmacist by telephone or electronic means a prescription, as otherwise authorized by law, if that practitioner provides the practitioner's Drug Enforcement Administration registration number and the practitioner's license number, or any other federally identified number, as appropriate, to the pharmacist at the time the practitioner transmits the prescription.
b. Except as may be otherwise permitted by law, no prescription for any Schedule II controlled dangerous substance shall be given or transmitted to pharmacists, in any other manner, than in writing signed by the practitioner giving or transmitting the same, nor shall such prescription be renewed or refilled. The requirement in this subsection that a prescription for any controlled dangerous substance be given or transmitted to pharmacists in writing signed by the practitioner shall not apply to a prescription for a Schedule II drug if that prescription is transmitted or prepared in compliance with federal and State regulations.
c. Each entity operating or administering an electronic health records system that is used to electronically transmit prescriptions in this State on the effective date of P.L. , c. (pending before the Legislature as this bill) shall ensure that the system meets all federal requirements for the system to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances no later than one year after the effective date of P.L. , c. (pending before the Legislature as this bill) as a condition of continuing to electronically transmit prescriptions in this State. Each entity that commences operating or administering an electronic health records system that is used to electronically transmit prescriptions in this State after the effective date of P.L. , c. (pending before the Legislature as this bill) shall ensure that the system meets all federal requirements for the system to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances as a condition of electronically transmitting prescriptions in this State.
(cf: P.L.2003, c.280, s.19)
2. This act shall take
effect the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires each owner or administrator of an electronic health records system that is used to transmit electronic prescriptions in New Jersey to ensure that the system meets the federal requirements to accept, process, and transmit prescriptions for Schedule II controlled dangerous substances. Entities operating or administering a system on the effective date of the bill will have one year to meet this requirement as a condition of continuing to transmit electronic prescriptions in this State, and entities commencing operation or administration of an electronic health records system that is used to transmit electronic prescriptions in New Jersey after the effective date of the bill will be required to meet the requirement as a condition of electronically transmitting prescriptions in this State.
It is the sponsor’s belief that ensuring that electronic prescribing systems used in New Jersey are capable of accepting, processing, and transmitting prescriptions for Schedule II controlled dangerous substances will facilitate and encourage the use of electronic prescriptions for these substances, and that the increased use of electronic prescribing will help reduce the potential for fraud, diversion, and abuse of prescription medications while facilitating the efficient provision of health care in this State.