ASSEMBLY, No. 641

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen IMPREVEDUTO and COHEN

An Act concerning prescription drugs and amending R.S.45:14-16.

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

    R.S.45:14-16 is amended to read as follows:

    45:14-16. It shall be deemed a violation of [sections] R.S.45:14-13 to R.S.45:14-15 [of this Title] if a prescription as compounded, filled, dispensed or sold is found to contain more or less than the quantity of the ingredient or several or combined ingredients specified by the prescriber, or if the prescription as compounded, filled, dispensed or sold is found to contain an ingredient or ingredients or a brand of ingredient or ingredients other than those specified by the prescriber, except that the addition of such inert ingredients as are required in the art of compounding shall be permissible, but such ingredients shall in no manner be used to replace the ingredient or several or combined ingredients specified by the prescriber, without the prescriber's permission having been obtained.

    A pharmacist may dispense a prescription in a different dosage form than originally prescribed if the pharmacist notifies the prescriber no later than 48 hours following the dispensing of the prescription.

    As used in this section, "dosage form" means the physical formulation or medium in which the product is intended, manufactured and made available for use, including, but not limited to: tablets, capsules, oral solutions, and suspensions.

(cf: P.L.1953, c.329, s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill permits a pharmacist to dispense a prescription in a different dosage form than originally prescribed if the ingredient or ingredients in the prescription are of the same chemical composition as those specified by the prescriber. The bill also provides that the pharmacist must notify the prescriber of the change made in the dosage form in the filling of the prescription no later than 48 hours following the dispensing of the prescription.

Permits pharmacists to change prescription dosage forms.