ASSEMBLY, No. 4760

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED DECEMBER 6, 2018

 


 

Sponsored by:

Assemblyman  SEAN T. KEAN

District 30 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Establishes protocols for prescribing and dispensing benzodiazepine.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning benzodiazepines and supplementing Title 24 of the Revised Statutes.

 

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

 

     1.    As used in this act:

     “Benzodiazepine” means any substance or drug, including alprazolam, clonazepam, diazepam, lorazepam, and temazepam, which: contains a benzene ring fused to a seven member diazepine ring; results in the depression of the central nervous system; and is primarily intended to treat insomnia, convulsions, anxiety, muscle relaxation, and for pre-operation treatment.

     “Non-benzodiazepine hypnotic” means any substance or drug which produces effects similar to benzodiazepine and is primarily intended to treat insomnia, including zaleplon, zopiclone, and zolpidem.

     “Pharmacist" means an individual currently licensed by this State to engage in the practice of pharmacy.

     "Practitioner" means an individual currently licensed, registered, or otherwise authorized by this State to prescribe drugs in the course of professional practice.

 

     2.    The Department of Health shall:

     (a) establish protocols for practitioners to follow including a slow, patient controlled tapering and encouraging the use of the Ashton manual to safely discontinue patients’ use of benzodiazepines and non-benzodiazepines hypnotics to minimize patients’ symptoms of withdrawal;

     (b) produce and distribute in written or electronic form to pharmacies and practitioners to distribute to patients, a cautionary pamphlet for consumers regarding benzodiazepines and non-benzodiazepine hypnotics on:

     (1) misuse and abuse by adults and children;

     (2) risk of dependency and addiction;

     (3) proper storage and disposal; and

     (4) addiction support and treatment resources;

     (c) prohibit a practitioner or pharmacist from prescribing or dispensing a benzodiazepine or a non-benzodiazepine hypnotic unless pharmacist and practitioner has furnished the patient the pamphlet provided for in paragraph (b) of this section, and has collected the patient’s signed consent form, as determined by the Department of Health;

     (d) require bold lettering labels on benzodiazepine or non-benzodiazepine hypnotic prescriptions to alert patients to the risk of addiction; and

     (e) prohibit one benzodiazepine or one non-benzodiazepine hypnotic prescription to exceed four weeks unless there is a proven medical need, medical exception, or both.

 

     3.    The Department of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules or regulations necessary to effectuate the provisions of this act.

 

     4.    This act shall take effect 180 days after the date of enactment.

 

 

STATEMENT

 

     This bill establishes protocols for prescribing and dispensing benzodiazepine.

     Under the bill, the Department of Health (department) is to: establish protocols for practitioners to follow including a slow, patient controlled tapering and encouraging the use of the Ashton manual to safely discontinue patients’ use of benzodiazepines and non-benzodiazepines hypnotics to minimize patients’ symptoms of withdrawal; produce and distribute in written or electronic form to pharmacies and practitioners to distribute to patients, a cautionary pamphlet for consumers regarding benzodiazepines and non-benzodiazepine hypnotics on: (1) misuse and abuse by adults and children; (2) risk of dependency and addiction; (3) proper storage and disposal; and (4) addiction support and treatment resources.  The department is to prohibit one benzodiazepine or one non-benzodiazepine hypnotic prescription to exceed four weeks unless there is a proven medical need, medical exception, or both.  The department is to prohibit a practitioner or pharmacist from prescribing or dispensing a benzodiazepine or a non-benzodiazepine hypnotic unless pharmacist and practitioner furnishes the patient with the pamphlet provided for in this bill and collects the patient’s signed consent form.  Further, the department is to require bold lettering labels on benzodiazepine or non-benzodiazepine hypnotic prescriptions to alert patients to the risk of addiction.