Bill > A2478

Introduced Session

This bill regulates Internet pharmacies which dispense or deliver prescription drugs to patients living in New Jersey. Under its provisions, Internet pharmacies are required to obtain a pharmacy permit from the New Jersey State Board of Pharmacy prior to dispensing or delivering prescription drugs in New Jersey and to provide the board with certain information, as specified in the bill, to qualify for the permit. An Internet pharmacy must have its corporate headquarters in the United States to receive a permit under the bill's provisions. The bill prohibits Internet pharmacies from disclaiming: any liability to which a retail pharmacy in New Jersey is subject; jurisdiction of the courts of New Jersey; or application of the laws of the State of New Jersey. Before dispensing or delivering prescription drugs in accordance with an electronic prescription, the bill requires an Internet pharmacy or pharmacist to: have a valid pharmacy license issued by the board; or be a health care professional acting within the scope of his or her license within this State. It is a violation of this bill for any person to solicit, assist, or enable consumers to obtain a prescription via the Internet without a bona-fide existing practitioner-patient relationship. As provided by the bill, a bona-fide existing practitioner-patient relationship means the practitioner has conducted an examination, appropriately documented in the patient record. As part of this examination, the practitioner is required to: (1) perform an appropriate history and physical examination; (2) make a diagnosis based upon the examination and all diagnostic and laboratory tests consistent with good medical care; (3) formulate a therapeutic plan and discuss that plan, along with the basis for the plan and the risks and benefits of various treatment options, with the patient; and (4) ensure the availability of the physician or coverage for the patient for appropriate follow-up care. Violations of the bill may result in a civil penalty of $25,000 for each occurrence by a pharmacy and $5,000 for each occurrence by a pharmacist. Consumers aggrieved by a violation of the bill may obtain equitable relief and liquidated damages of $10,000 for each violation. Additionally, consumers injured by a prescription drug purchased through the Internet may recover compensatory damages. A permit issued pursuant to the bill may be revoked as a result of a violation as well. The bill requires pharmacists with reason to question the validity of an electronic or facsimile prescription to verify the prescription with the prescribing practitioner and to refuse to fill any prescription which, in his or her professional judgment, is beyond the scope of practice of the license of the prescriber, is of questionable validity, or is necessary to protect the health and welfare of the patient. An Internet pharmacy certified under the Verified Internet Pharmacy Practice Sites Certification Process of the National Association of Boards of Pharmacy is exempted from the bill's provisions, provided that it has submitted a copy of its certification to the board. Also exempt from the bill's provisions are pharmacy practice sites to which a duly authorized permit has been issued by the board pursuant to N.J.A.C.13:39-4.16. Under the provisions of the bill, Internet pharmacy acting pursuant to a permit issued under the bill are prohibited from filling a prescription for any schedule II, III, IV or V controlled dangerous substances in any manner other than in writing signed by the practitioner. In addition, the bill authorizes the New Jersey State Board of Pharmacy, in consultation with the State Board of Medical Examiners, to promulgate rules and regulations necessary to effectuate the purposes of this act.

Committee Categories

Joe Lagana (D)*,  John McKeon (D)*,  Nancy Pinkin (D)*, 

Introduced, Referred to Assembly Regulated Professions Committee (on 02/04/2016)