A5595

An Act concerning opioid antidotes and amending P.L.2006, c.84.

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

1. Section 1 of P.L.2006, c.84 (C.45:14-81) is amended to read as follows:

1. a. There is established the "New Jersey Prescription Drug Retail Price Registry" in the Division of Consumer Affairs in the Department of Law and Public Safety for the purpose of making retail price information for the 150 most frequently prescribed prescription drugs in the State and opioid antidotes readily available to consumers.

(1) For the purpose of establishing the registry, the Director of the Division of Consumer Affairs, in consultation with the Commissioners of Human Services and Health and Senior Services , shall obtain drug retail price information for these prescription drugs, which indicates the actual price to be paid to a pharmacy by a retail purchaser for a listed drug at the listed dosage, from data collected by the Division of Medical Assistance and Health Services in the Department of Human Services or other available sources that includes the charge for the cost of the medication and the dispensing fee, and does not exceed the usual and customary or posted or advertised charge by the pharmacy. The establishment of the registry shall be subject to any federal approval that may be required to effectuate the purposes of this act and shall conform with any requirements of State or federal law regarding the confidentiality and use of the information contained therein.

(2) The registry shall include the information obtained by the director pursuant to paragraph (1) of this subsection, and shall be updated by the division at least weekly to reflect the most current information obtained by the director.

(3) The registry shall be organized by the director in a format that is conducive to review and comparison by consumers of prescription drug retail prices charged by pharmacies in each zip code within the State, and shall include the name and address of each pharmacy.

b. The division shall make available electronically on its Internet website in English and Spanish the information contained in the registry, and shall provide the information to consumers upon request by means of a toll-free telephone service operated by the division.

The information made available on the Internet website shall:

(1) be organized to meet the requirements of paragraph (3) of
subsection a. of this section and be designed so that the consumer may download and print the displayed information;

(2) include Internet web links to other governmental information resources that provide information relating to the regulation of prescription drugs and State and federal health care coverage and pharmaceutical assistance programs;

(3) include an advisory statement by the division alerting consumers of the need to tell their health care practitioner and pharmacist about all the medications they may be taking and to ask them how to avoid harmful interactions between those drugs, if any; and

(4) contain clearly understandable language that is designed to assist consumers in understanding the content of, and how to access, the information made available on the website pursuant to this section.

c. The director may require each pharmacy practice site in the State to furnish to the director such information as the director deems necessary to effectuate the provisions of this section.

d. The division may contract with a public or private entity for the purpose of developing, administering, and maintaining the registry established pursuant to this section. The contract shall specify the duties and responsibilities of the entity with respect to the development, administration, and maintenance of the registry. The division shall monitor the work of the entity to ensure that the registry is developed, administered, and maintained pursuant to the requirements of this act.

(cf: P.L.2006, c.84, s.1)

2. Section 2 of P.L.2006, c.84 (C.45:14-82) is amended to read as follows:

2. a. The Director of the Division of Consumer Affairs shall prepare at least annually, and shall make available to each pharmacy practice site in the State without charge, a list of the 150 most frequently prescribed prescription drugs that includes the usual dosages prescribed for each drug and a list of opioid antidotes.

b. Each pharmacy practice site in the State shall maintain a prescription drug retail price list, which contains the names of the drugs, including opioid antidotes, on the list provided by the division pursuant to subsection a. of this section and the retail price for each drug on the list charged at that pharmacy practice site, including the date of the update of the retail price list, and shall make the prescription drug retail price list available to customers upon request.

(1) The prescription drug retail price list shall include an advisory statement prepared by the division alerting consumers of the need to tell their health care practitioner and pharmacist about all the medications that they may be taking and to ask them how to avoid harmful interactions between those drugs, if any.

(2) The pharmacy practice site shall post a sign that notifies customers of the availability of the drug retail price list in a conspicuous location that is: at or adjacent to the place where prescriptions are presented for compounding and dispensing; in the waiting area for customers; or in the area where prescribed drugs are delivered.

c. The provisions of this section shall not be construed to prevent a pharmacy practice site from changing or charging the current retail price at any time, provided that the listed price is updated at least weekly to reflect the new retail price.

d. As used in this act, “opioid antidote” means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration for the treatment of an opioid overdose, and shall include, but not be limited to, naloxone hydrochloride in any dosage amount, which is administered through nasal spray or any other means or methods approved by the United States Food and Drug Administration.

(cf: P.L.2006, c.84, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill makes the retail price of opioid antidotes readily available to consumers by including this information in the “New Jersey Prescription Drug Retail Price Registry” (NJPDRPR).

The NJPDRPR was established for the purpose of making up-to-date retail price information for the 150 most frequently prescribed prescription drugs in the State readily available to consumers. It requires the Director of the Division of Consumer Affairs, in consultation with the Commissioners of Human Services and Health and Senior Services, to obtain retail price information for certain prescription drugs, which indicates the actual price to be paid to the pharmacy by a retail purchaser, and to make that information available on the internet and by means of a toll-free telephone service. The registry is organized in a format to allow consumers to compare prescription drug retail prices charged by pharmacies in each zip code within the State.

This bill includes opioid antidotes on the list of frequently prescribed prescription drugs.

Under current law, the Director of the Division of Consumer Affairs is required to annually make available to each pharmacy practice site in this State a list of the 150 most frequently prescribed prescription drugs. In addition, each pharmacy is required to maintain a prescription drug retail price list, which includes the names of the drugs included on the NJPDRPR, the retail price for each drug on the list provided by the Division of Consumer Affairs, and the retail price for each drug on the list charged at that pharmacy practice site. The pharmacy is required to post a sign notifying customers of the availability of the prescription drug retail price list and to make the list available to customers upon request.

This bill includes opioid antidotes on the list of prescription drugs provided to pharmacies and requires pharmacies to include opioid antidotes on its prescription drug retail price list available to customers.

Under the bill, “opioid antidotes” is defined as any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose, and includes naloxone hydrochloride, commonly known as Narcan.