SENATE, No. 2171
STATE OF NEW JERSEY
INTRODUCED JUNE 12, 1997
By Senator BASSANO
An Act concerning medical practice and amending R.S.45:9-16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.45:9-16 is amended to read as follows:
45:9-16. The board may refuse to grant or may suspend or revoke a license or the registration of a certificate or diploma to practice medicine and surgery filed in the office of any county clerk in this State under any act of the Legislature, upon a showing of the preponderance of the credible evidence that the holder of such license (a) has been adjudicated insane, or (b) has demonstrated any physical, mental or emotional condition or drug or alcohol use which impairs his ability to practice with reasonable skill or safety, or (c) has practiced criminal abortion, or been convicted of the crime of criminal abortion, or has been convicted of crime involving moral turpitude, or has pleaded nolo contendere, non vult contendere or non vult to an indictment, information or complaint alleging the commission of the crime of criminal abortion or of crime involving moral turpitude, or (d) has been determined to be physically or mentally incapacitated, (e) knowingly becomes employed by any physician, surgeon, homeopath, eclectic, osteopath, or doctor who advertises, or (f) shall have presented to the board any diploma, license or certificate that shall have been illegally obtained or shall have been signed or issued unlawfully or under fraudulent representations, or obtains or shall have obtained a license to practice in this State through fraud of any kind, or (g) has been guilty of employing unlicensed persons to perform work which, under chapter 9 of Title 45 of the Revised Statutes can legally be done only by persons licensed to practice medicine and surgery in this State, or (h) has been guilty of gross malpractice or gross neglect in the practice of medicine which has endangered the health or life of any person, or (i) has been demonstrated professionally incompetent to practice medicine, or (j) has advertised in any manner, whether as an individual, through a professional service corporation or through a third party on his behalf, the practice of medicine and surgery, or (k) has repeatedly dispensed or prescribed antibiotic prescription drugs without clinical justification. [; provided, however, that the]
The following shall not be deemed to be advertising prohibited under (j) of [this chapter] the preceding paragraph:
a. Public information for educational purposes on the practice or profession of medicine and surgery which does not contain the name of any person licensed to practice medicine and surgery in this State or the address of any location where medical examination or treatment may be had or is recommended or suggested;
b. Publication of a brief announcement of the opening of an office or the removal to a new location, containing the name, professional degree, type of practice, address, telephone number, and office hours of the licensee;
c. A listing in an alphabetical telephone directory of the name of a licensee together with his professional degree or the abbreviation therefor;
d. A listing in a classified telephone directory with standard type limited to the name, professional degree, type of practice, office and home addresses and telephone numbers, and office hours of a licensee; e. The use of small signs on the doors, windows and walls of a licensee's office or on the building in which he maintains an office, or the use of a sign directory separate and apart from, but in reasonable proximity to, the building in which he maintains an office as an aid to the public in locating the office, setting out his name, professional degree, type of practice, address and office hours in lettering no larger than six inches in height for street-level offices, and no larger than eight inches in height for offices above street-level;
f. Communications with or without the name of the licensee distributed or mailed to his patients of record at his discretion;
g. A directory of physicians for consumer use which shall include the educational background, degrees, fellowships, certifications, specialties, experience and any other pertinent information which is related to the practice of medicine and surgery of the physicians.
The board shall refuse to grant or shall suspend or revoke any such license or the registration of any such certificate or diploma upon a showing of the preponderance of the credible evidence that the applicant for, or holder of, such license habitually uses drugs or has been convicted of a violation of or has pleaded nolo contendere, non vult contendere or non vult to an indictment, information or complaint alleging a violation of any federal or State law relating to narcotic drugs. Before any license, or registration of a certificate or diploma to practice medicine and surgery filed in the office of any county clerk of this State under any act of the Legislature, shall be suspended or revoked, except in the case of conviction of criminal abortion or conviction of crime involving moral turpitude or plea of nolo contendere, non vult contendere or non vult to indictment, information or complaint alleging commission of the crime of criminal abortion or crime involving moral turpitude, or conviction of violation of or plea of nolo contendere, non vult contendere or non vult to an indictment, information or complaint alleging violation of any federal or State law relating to narcotic drugs, the accused person shall be furnished with a copy of the complaint and be given a hearing before said board in person or by attorney, and any person whose license shall be suspended or revoked in accordance with this section shall be deemed an unlicensed person during the period of such suspension or revocation, and as such shall be subject to the penalties hereinafter prescribed for persons who practice medicine and surgery, without first having obtained a license so to do. Any person whose license, or registration of a certificate or diploma to practice medicine and surgery filed in the office of any county clerk of this State under any act of the Legislature, shall be suspended or revoked under the authority of chapter 9 of Title 45 of the Revised Statutes may, in the discretion of the board be relicensed at any time to practice without an examination, or have his registration of a certificate or diploma, as aforesaid, reinstated, on application being made to the board.
The record of conviction or the record of entry of a plea of nolo contendere, non vult contendere or non vult in any of the courts of this State, or any other state of the United States, or any of the courts of the United States, or the court of any foreign nation, shall be sufficient warrant for the board to refuse to grant or to suspend or revoke the license or the registration of a certificate or diploma to practice medicine and surgery filed in the office of any county clerk in this State under any act of the Legislature.
(cf: P.L.1989, c.300, s.20)
2. This act shall take effect immediately.
STATEMENT
This bill provides the State Board of Medical Examiners with the authority to deny, suspend or revoke the license of a physician or surgeon whom the board determines, based upon a showing of the preponderance of the credible evidence, has repeatedly dispensed or prescribed antibiotic prescription drugs without clinical justification.
This bill is similar to legislation which is currently pending in the Colorado State Legislature as an amendment to that state's medical practice statute.
The overuse or misuse of antibiotic drugs can lead to the creation of drug-resistant forms of bacteria that may be harmful, and even life-threatening, not only to the patient but also to others in society. The practice of repeatedly treating young children with antibiotics increases their risk of contracting drug-resistant forms of bacteria that can seriously damage their health. Moreover, the possible emergence of multiple drug-resistant strains of bacteria because of increased use of antibiotics leads to a serious public health risk if common antibiotics become incapable of attacking bacteria and infection.
The purpose of this bill is to help curtail the indiscriminate use and misuse of antibiotic drugs by health care professionals by making the repeated dispensing or prescribing of antibiotics without justification unprofessional conduct and grounds for professional discipline.
Permits Board of Medical Examiners to deny, suspend or revoke a physician's license for repeatedly dispensing or prescribing antibiotics without clinical justification.