SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE

STATEMENT TO

SENATE, No. 3933

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 12, 2019

      The Senate Health, Human Services and Senior Citizens Committee reports favorably and with committee amendments Senate Bill No. 3933.

     As amended, this bill requires each pharmacy practice site that dispenses prescription drugs, other than a long-term care pharmacy, to, when dispensing to an individual located in this State a prescription drug or medication which is a controlled dangerous substance, and when dispensing any other prescription drug or medication as may be designated by the Commissioner of Health by regulation: (1) provide the patient with written informational materials advising that there are risks when unused, unwanted, or expired drugs and medications are not properly, safely, and promptly disposed of; (2) have available on-site, for purchase or at no cost to the patient, at least one consumer method for individuals to dispose of unwanted or expired prescription drugs, including, but not limited to over-the-counter drug disposal solutions for use at home and secured medication collection kiosks or boxes; and (3) provide the patient with written informational materials concerning how to properly, safely, and promptly dispose of unused, unwanted, or expired drugs and medications.  The individual dispensing the prescription drug, or an appropriate designee, is to answer any questions the patient may have upon receiving the written informational materials pursuant to this paragraph.

     As amended, the bill requires household drug disposal solutions to alter the characteristics of the prescription drug through chemical, biological, or physical means so as to have beneficial effect on the environment.  Medication collection kiosks or boxes are to be marked or identified by prominent signage.

     As amended, the bill requires that, any time a pharmacy practice site that dispenses prescription drugs, other than a long-term care pharmacy, sells or dispenses a hypodermic syringe or needle, regardless of whether the hypodermic syringe or needle is sold or dispensed pursuant to a prescription, the pharmacy practice site is to provide the patient with informational materials made available through the Internet website of the Department of Health.

     Under the bill, if a patient is enrolled in the hospice care program, and if any change is made to the patient’s course of treatment that results in a change in the drugs or medications prescribed for the patient, or in the patient discontinuing the use of a prescription drug or medication, the hospice care program is to: (1) provide the patient or the patient’s health care representative with oral instructions and written informational materials advising that there are risks when unused, unwanted, or expired drugs and medications are not properly, safely, and promptly disposed of; (2) make available for purchase or at no cost to the patient an at-home or site-of-use prescription medication disposal product, and (3) provide the patient with written informational materials concerning how to properly, safely, and promptly dispose of unused, unwanted, or expired drugs and medications. 

     A nurse in the hospice care program may dispose of unused drugs or medications using an at-home or site-of-use drug disposal solution.

     This bill is named “Charlie’s Law” after Charlie Van Tassel, a young man who struggled with addiction for many years before finally succumbing in 2013, at the age of 33. 

COMMITTEE AMENDMENTS:

      The committee amendments remove a requirement that pharmacy practice sites request manufacturers to represent that certain supplies are not toxic and in compliance with federal regulations.

      The committee amendments replace certain provisions concerning the requirements for drug disposal products with a requirement that household drug disposal solutions be capable of altering the characteristics of the prescription drug through chemical, biological, or physical means so as to have beneficial effect on the environment. 

      The committee amendments provide that a pharmacy practice site that dispenses prescription drugs or hypodermic syringes or needles to a patient, is to provide the patient with informational materials made available through the Internet website of the Department of Health.  The committee amendments remove a requirement that written informational requirements be prepared by the Division of Consumer Affairs in the Department of Law and Public Safety.

      The committee amendments remove a requirement that a manufacturer, supplier, or servicing agent ensures that methods of incineration follow federal recommendations.

      The committee amendments make certain technical changes to remove citations and references to federal laws that have no substantive effect, correct certain other citations, and make various changes involving grammar and syntax.