A4968

An Act concerning access to hormonal contraceptives and supplementing Title 45 of the Revised Statutes.

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

1. a. A pharmacist may dispense up to a 30-day supply of a hormonal contraceptive without a current, valid prescription from a practitioner if all of the following conditions are satisfied:

(1) the pharmacy at which the pharmacist is practicing has a record of a prescription for the hormonal contraceptive in the name of the patient who is requesting the 30-day supply, but the prescription does not provide for a refill or the time permitted for providing the refill has passed;

(2) the pharmacist attempts but is unable to obtain authorization to refill the prescription from the practitioner who issued the prescription or another practitioner responsible for the patient’s care;

(3) the pharmacist has not provided the patient with a 30-day supply of the hormonal contraceptive pursuant to this subsection in the previous six-month period; and

(4) the pharmacist fulfills all documentation and other requirements for dispensing established by the Board of Pharmacy by regulation.

b. A pharmacist or the pharmacist’s employer shall not be held civilly liable for any act or omission in connection with the dispensing of a 30-day supply of a hormonal contraceptive without a current, valid prescription pursuant to this section, unless the act or omission constitutes gross negligence, recklessness, or willful or wanton misconduct.

c. Nothing in this section shall preclude a pharmacist from dispensing hormonal contraceptives under other authority granted by regulations promulgated by the Board of Pharmacy.

2. A pharmacy that ships, mails, or delivers in any other manner prescription drugs to patients in New Jersey shall offer patients the option to request that prescriptions for hormonal contraceptives be automatically refilled without the need for the patient to make an individualized request for the refill. The pharmacy shall make this option available to patients at all times, including when the patient first requests delivery of a prescribed hormonal contraceptive. If a patient requests that a prescription for a hormonal contraceptive be automatically refilled, the pharmacy shall take all necessary and appropriate steps to secure authorization or approval for each refill prior to the time the patient’s current supply of the hormonal contraceptive will run out, so as to ensure that the patient has access to an uninterrupted supply of the hormonal contraceptive. If the practitioner who issued the prescription for the hormonal contraceptive does not authorize a refill, the pharmacy shall promptly notify the patient and advise the patient to contact the practitioner directly or request a prescription from another practitioner responsible for the patient’s care.

3. The Board of Pharmacy, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

4. This act shall take effect the first day of the fourth month next following the date of enactment, except that the Board of Pharmacy may take such anticipatory administrative action in advance thereof as shall be necessary to implement the provisions of this act.

STATEMENT

This bill allows pharmacists to dispense a 30-day supply of a hormonal contraceptive without a current, valid prescription, and requires mail-order pharmacies to offer patients the option of automatically refilling prescriptions for hormonal contraceptives.

Specifically, the bill requires that, as a condition of dispensing a 30-day supply of a hormonal contraceptive without a current, valid prescription: (1) the pharmacy is required to have a record of a prescription for the contraceptive for the patient that does not otherwise authorize a refill; (2) the pharmacist has attempted, unsuccessfully, to obtain authorization for the refill from the practitioner who issued the prescription or another practitioner responsible for the patient’s care; (3) the pharmacist has not provided the patient with a 30-day supply of the hormonal contraceptive in the previous six-month period; and (4) the pharmacist fulfills all documentation and other requirements for dispensing established by the Board of Pharmacy by regulation.

The bill provides that pharmacists and their employers will not be held civilly liable for any act or omission in connection with the dispensing of a 30-day supply of a hormonal contraceptive without a current, valid prescription under the bill, unless the act or omission constitutes gross negligence, recklessness, or willful or wanton misconduct. Nothing in the bill will preclude a pharmacist from dispensing hormonal contraceptives under other authority granted by regulations promulgated by the Board of Pharmacy.

The bill additionally requires that mail order pharmacies offer patients the option to request that prescriptions for hormonal contraceptives be automatically refilled without the need for the patient to make an individualized request for the refill. The pharmacy is to make the option available to patients at all times, including when the patient first requests delivery of a prescribed hormonal contraceptive. If a patient requests that a prescription for a hormonal contraceptive be automatically refilled, the pharmacy will be required to take all necessary and appropriate steps to secure authorization or approval for each refill prior to the time the patient’s current supply of the hormonal contraceptive will run out, so as to ensure that the patient has access to an uninterrupted supply of the hormonal contraceptive. If the practitioner who issued the prescription for the hormonal contraceptive does not authorize a refill, the pharmacy is to promptly notify the patient and advise the patient to contact the practitioner directly or request a prescription from another practitioner responsible for the patient’s care.