[First Reprint]

SENATE, No. 3592

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2017

 


 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman Pinkin, Assemblymen Coughlin and Rooney

 

 

 

 

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 reported by the Senate Health, Human Services and Senior Citizens Committee on December 14, 2017, with amendments.

  


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.     1(1)1  Each 1[entity operating or administering] vendor that sells, leases, or licenses for use1 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 1[electronically transmit prescriptions] sell, lease, or license for use the electronic health records system1 in this State.  Each 1[entity that commences operating or administering] vendor that commences selling, leasing, or licensing for use1 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 1[electronically transmitting prescriptions] selling, leasing, or licensing for use the electronic health records system1 in this State.

     1(2) The requirements of paragraph (1) of this subsection shall not apply to a telemedicine or telehealth organization, as that term is defined in section 1 of P.L.2017, c.117 (C.45:1-61), that exclusively provides telehealth and telemedicine services.1

(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.