SENATE, No. 1538

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED FEBRUARY 13, 2020

 


 

Sponsored by:

Senator† JAMES BEACH

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

†††† Prohibits pharmacies from charging additional fee for processing prescriptions transmitted by telephone or electronic means.

 

CURRENT VERSION OF TEXT

†††† As introduced.

 


An Act concerning electronic prescriptions 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.† A pharmacist shall not charge any fee for processing a prescription transmitted by telephone or electronic means unless the fee is also charged for processing a prescription transmitted in writing.

†††† 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)†† Each† vendor that sells, leases, or licenses for use an electronic health records system that is used to electronically transmit prescriptions in this State on the effective date of P.L.2017, c.338 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.2017, c.338 as a condition of continuing to† sell, lease, or license for use the electronic health records system in this State.† Each vendor that commences selling, leasing, or licensing for use an electronic health records system that is used to electronically transmit prescriptions in this State after the effective date of P.L.2017, c.338 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 selling, leasing, or licensing for use the electronic health records system in this State.

†††† (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.

(cf: P.L.2017, c.338, s.1)

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill would prohibit pharmacists from charging additional fees for processing prescriptions that are transmitted by telephone or electronic means unless the fees also apply to prescriptions transmitted in writing.†

†††† It is the Sponsorís belief that electronically-transmitted prescriptions are more efficient than written prescriptions, and that imposing additional processing fees may discourage the use of electronic prescriptions.†††