N.J. Stat. tit. 45, ch. 14

N.J. Stat. tit. 45, ch. 14
in effect

N.J. Stat. § 45:14-40 Short title, purpose of act.

1. a. This act shall be known and may be cited as the "New Jersey Pharmacy Practice Act." b. The practice of pharmacy in this State is declared a health care professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy merits and receives the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy in this State. This act shall be liberally construed to carry out these objectives and purposes. c. It is the purpose of this act to promote, preserve and protect the public health, safety and welfare by and through the effective control and regulation of the practice of pharmacy, the licensure of pharmacists and the permitting, control and regulation of all pharmacy practice sites in this State that engage in the practice of pharmacy. L.2003,c.280,s.1.

N.J. Stat. § 45:14-41 Definitions relative to pharmacists.

2. As used in this act: "Administer" means the direct application of a drug to the body of a patient or research subject by subcutaneous, intramuscular or intradermal injection, inhalation or ingestion by a pharmacist engaged in collaborative practice or in accordance with regulations jointly promulgated by the board and the State Board of Medical Examiners. "Automated medication device" means a discrete unit that performs specific drug dispensing operations. "Automated medication system" means any process that performs operations or activities, other than compounding or administration, relative to the storage, packaging, dispensing and distribution of medications and which collects, controls and maintains all transaction information. "Board of Pharmacy" or "board" means the New Jersey State Board of Pharmacy. "Certification" means a certification awarded by a recognized non-government specialty organization to signify that a pharmacist has met predetermined qualifications and to signify to the public that the pharmacist is competent to practice in the designated specialty. "Collaborative drug therapy management" means a written protocol directed on a voluntary basis by a patient's physician, with the patient's consent, that is between a patient's physician who is treating the patient for a specific disease and a pharmacist for cooperative management of a patient's drug, biological and device-related health care needs, which shall be conducted in accordance with regulations jointly promulgated by the board and the State Board of Medical Examiners and shall only include the collecting, analyzing and monitoring of patient data; ordering or performing of laboratory tests based on the standing orders of a physician as set forth in the written protocol; ordering of clinical tests based on the standing orders of a physician as set forth in the written protocol, provided those laboratory tests are granted waived status in accordance with the provisions of the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.) and are for the treatment of a disease state identified jointly by the board and the State Board of Medical Examiners as subject to collaborative drug therapy management; modifying, continuing or discontinuing drug or device therapy; and therapeutic drug monitoring with appropriate modification to dose, dosage regimen, dosage forms or route of administration. The interpretation of clinical or laboratory tests under a written protocol may only be performed by a pharmacist in direct consultation with a physician. "Compounding" means the preparation, mixing, assembling, packaging or labeling of a drug or device as the result of a practitioner's prescription or initiative based on the relationship of the practitioner or patient with the pharmacist in the course of professional practice or for the purpose of, or incident to, research, teaching or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. Nothing in this act is meant to limit a prescriber's ability under pre-existing law to order a compounded medication for use in the prescriber's practice, as permitted by State and federal law. "Confidential information" means information that is identifiable as to the patient involved that a pharmacist accesses, transmits or maintains in a patient's record or which is communicated to or by the patient as part of patient counseling. "Credentialing" means the process by which an approved academic institution awards a certificate to signify that the credentialed pharmacist has completed the required courses, examinations or both, that indicate advanced knowledge of a particular area of pharmacy. "Deliver" or "delivery" means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for consideration. "Device" means an instrument, apparatus, implement, machine, contrivance, implant or other similar or related article, including any component part or accessory, which is required under federal law to bear the label "RX Only." "Dispense" or "dispensing" means the procedure entailing the interpretation of a practitioner's prescription order for a drug, biological or device, and pursuant to that order the proper selection, measuring, compounding, labeling and packaging in a proper container for subsequent administration to, or use by, a patient. "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, aerosols, inhalers, gels, lotions, creams, ointments, transdermals and suppositories, and the particular form of the above which utilizes a specific technology or mechanism to control, enhance or direct the release, targeting, systemic absorption or other delivery of a dosage regimen in the body. "Drug or medication" means articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; articles intended to affect the structure or any function of the body of humans or other animals, except that a food, dietary ingredient or dietary supplement, as those terms are defined in 21 U.S.C.s.321, is not a drug solely because the label or the labeling contains such a claim; and articles intended for use as a component of and articles specified in this definition of "drug or medication." "Drug utilization review" includes, but is not limited to, the following activities: (1) Evaluation of prescription drug orders and patient records for known allergies, rational therapy-contraindications, appropriate dose and route of administration and appropriate directions for use; (2) Evaluation of prescription drug orders and patient records for duplication of therapy; (3) Evaluation of prescription drug orders and patient records for interactions between drug-drug, drug-food, drug-disease and adverse drug reactions; and (4) Evaluation of prescription drug orders and patient records for proper utilization, including over- or under-utilization, and optimum therapeutic outcomes. "Extern" means any person who is in the fifth or sixth year of college or the third or fourth professional year, at an accredited school or college of pharmacy approved by the board, who is assigned to a training site for the purpose of acquiring accredited practical experience under the supervision of the school or college at which the person is enrolled. "Electronic means" means any electronic or digital transmission format, including facsimile or computer generated messaging. "Healthcare platform" means an Internet-based service through which a consumer, who may or may not have separate health insurance coverage, may set-up an account or become a member to obtain discounts on prescription or non-prescription drugs or devices and through which other services, including telemedicine, may be provided. "Immediate supervision" means a level of control which assures that the pharmacist is physically present at the pharmacy practice site and has the responsibility for accuracy and safety with respect to the actions of pharmacy technicians, interns and externs. "Intern" means any person who has graduated from an accredited school or college of pharmacy approved by the board, or if a foreign pharmacy graduate, any person who has met all of the requirements of the board, and who is being trained by an approved preceptor for the purpose of acquiring accredited practical experience and who has first registered for that purpose with the board. "Labeling" means the process of preparing and affixing a label to any drug container, exclusive however, of the labeling by a manufacturer, packer or distributor of a non-prescription drug or commercially packaged legend drug or device. "Licensure" means the process by which the board grants permission to an individual to engage in the practice of pharmacy upon finding that the applicant has attained the degree of competency necessary to ensure that the public health, safety and welfare will be protected. "Medication error" means a preventable event that may cause or lead to inappropriate use of a medication or patient harm while the medication is in the control of the practitioner, patient or consumer. "Medication order" means a prescription for a specific patient in an institutional setting. "Modifying" means to change a specific drug, the dosage, or route of delivery of a drug currently being administered for an existing diagnosis pursuant to a collaborative drug therapy management. "Non-prescription drug or device" means a drug or device which may be obtained without a prescription and which is labeled for consumer use in accordance with the requirements of the laws and rules of this State and the federal government. "Permit" means the authorization granted by the board to a site to engage in the practice of pharmacy. "Person" means an individual, corporation, partnership, association or any other legal entity including government. "Pharmaceutical care" means the provision by a pharmacist of drug therapy review and other related patient care services intended to achieve positive outcomes related to the treatment, cure or prevention of a disease; control, elimination or reduction of a patient's symptoms; or arresting or slowing of a disease process as defined by the rules and regulations of the board. "Pharmacist" means an individual currently licensed by this State to engage in the practice of pharmacy. "Pharmacist-in-charge" means a pharmacist who accepts responsibility for the operation of a pharmacy practice site in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs. "Pharmacist in collaborative practice" means a pharmacist engaged in the collaborative drug therapy management of a patient's drug, biological and device-related health care needs pursuant to a written protocol, in collaboration with a licensed physician and in accordance with the regulations jointly promulgated by the board and the State Board of Medical Examiners. "Pharmacy practice site" means any place in this State where drugs are dispensed or pharmaceutical care is provided by a licensed pharmacist, but shall not include a medical office under the control of a licensed physician. "Pharmacy technician" means an individual working in a pharmacy practice site who, under the immediate supervision of a pharmacist, assists in pharmacy activities as permitted by section 41 of this act and the rules and regulations of the board that do not require the professional judgment of a pharmacist. "Practice of pharmacy" means a health care service by a pharmacist that includes: compounding, dispensing and labeling of drugs, biologicals, radio pharmaceuticals or devices; overseeing automated medication systems; interpreting and evaluating prescriptions; administering and distributing drugs, biologicals and devices; maintaining prescription drug records; advising and consulting on the therapeutic values, content, hazards and uses of drugs, biologicals and devices; managing and monitoring drug therapy; collecting, analyzing and monitoring patient data; performing drug utilization reviews; storing prescription drugs and devices; supervising technicians, interns and externs; and such other acts, services, operations or transactions necessary, or incidental to, providing pharmaceutical care and education. In accordance with written guidelines or protocols established with a licensed physician, the "practice of pharmacy" also includes collaborative drug therapy management including modifying, continuing or discontinuing drug or device therapy; ordering or performing of laboratory tests under collaborative drug therapy management; and ordering clinical tests, excluding laboratory tests, unless those tests are part of collaborative drug therapy management. "Practitioner" means an individual currently licensed, registered or otherwise authorized by the jurisdiction in which the individual practices to administer or prescribe drugs in the course of professional practice. "Preceptor" means an individual who is a pharmacist, meets the qualifications under the rules and regulations of the board, and participates in the instructional training of pharmacy interns and externs. "Prescription" means a lawful order of a practitioner for a drug, a device or diagnostic agent for a specific patient. "Prescription drug" or "legend drug" means a drug which, under federal law, is required to be labeled prior to being delivered to the pharmacist, with either of the following statements: "Rx Only" or "Caution: Federal law restricts this drug to use by, or on the order of, a licensed veterinarian" or is required by any applicable federal or state law, rule or regulation to be dispensed pursuant to a prescription drug order or is restricted to use by a practitioner only. "Registration" means the process of making a list or being enrolled in an existing list. "Therapeutic interchange" means the substitution and dispensing of a drug chemically dissimilar from the prescription drug originally prescribed. L.2003, c.280, s.2; amended 2023, c.221, s.2.

N.J. Stat. § 45:14-42 Powers, duties, authority of board.

3. The board shall enforce the provisions of this act. The board shall have all of the duties, powers and authority specifically granted by or necessary for the enforcement of this act, as well as such other duties, powers and authority as it may be granted from time to time by applicable law. L.2003,c.280,s.3.

N.J. Stat. § 45:14-43 Board membership, terms, vacancies.

4. a. The board shall consist of eleven members, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). Each of the remaining eight members shall be pharmacists. Each pharmacist member shall have at least five years of experience in the practice of pharmacy in this State after licensure, and shall at the time of appointment and throughout their tenure: be currently licensed and in good standing to engage in the practice of pharmacy in this State, and be actively engaged in the practice of pharmacy in this State. b. The Governor shall appoint the members of the board. Every State professional pharmacy association may send to the Governor the names of pharmacists having the qualifications required by this section, whom the Governor may appoint to fill any vacancy occurring in the board. In appointing members to the board to fill vacancies of members who engage in the practice of pharmacy, the Governor shall appoint members so that the membership of the board includes, at all times, at least one pharmacist employed by a chain drug retailer who owns or operates seven or more pharmacy practice sites, one pharmacist who is employed by a health care system and one pharmacist who owns a pharmacy practice site in this State. c. Except for the members first appointed, members of the board shall be appointed for a term of five years, except that members of the board who are appointed to fill vacancies which occur prior to the expiration of a former member's full term shall serve the unexpired portion of that term. The terms of the members of the board shall be staggered, so that the terms of no more than three members shall expire in any year. Each member shall serve until a successor is appointed and qualified. The present members of the board appointed pursuant to R.S.45:14-1 et seq. shall serve the balance of their terms. Any present board member appointed initially for a term of less than five years shall be eligible to serve for two additional full terms. No member of the board shall serve more than two consecutive full terms. The completion of the unexpired portion of a full term shall not constitute a full term for purposes of this subsection. d. The Governor may remove a member of the board after a hearing for misconduct, incompetency, neglect of duty or for any other sufficient cause. L.2003,c.280,s.4.

N.J. Stat. § 45:14-44 Election of officers; executive director.

5. a. The board shall annually elect from among its members a president and vice-president. b. The position of executive director shall be held by a pharmacist licensed in the State of New Jersey. The executive director shall be responsible for the performance of the administrative functions of the board and those other duties that the board may direct. L.2003,c.280,s.5.

N.J. Stat. § 45:14-45 Compensation.

6. Each member of the board shall receive compensation pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5) of $150 per day for each day on which the member is engaged in performance of the official duties of the board, and shall be reimbursed for all reasonable and necessary expenses incurred in connection with the discharge of those official duties. L.2003,c.280,s.6.

N.J. Stat. § 45:14-46 Board meetings.

7. The board shall meet at least once every month to transact its business. The board shall meet at those additional times that it may determine. Additional meetings may be called by the president of the board or by two-thirds of the members of the board. L.2003,c.280,s.7.

N.J. Stat. § 45:14-47 Rules, regulations; joint rules.

8. The board shall make, adopt, amend and repeal those rules and regulations necessary for the proper administration and enforcement of this act. Those rules and regulations shall be promulgated in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Rules pertaining to collaborative drug therapy management and administration of drugs by pharmacists shall be jointly promulgated by the board and the State Board of Medical Examiners. L.2003,c.280,s.8.

N.J. Stat. § 45:14-47.1 New Jersey State Board of Pharmacy; rules, regulations.

23. The New Jersey State Board of Pharmacy, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of sections 1 through 20 of P.L.2019, c.59 (C.26:16-1 et seq.) concerning the duties of a licensed pharmacist pursuant thereto. L.2019, c.59, s.23.

N.J. Stat. § 45:14-48 Responsibilities of board.

9. a. The board shall be responsible for the control and regulation of the practice of pharmacy in this State including, but not limited to, the following: (1) The licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this act; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The establishment and enforcement of professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy; (4) The establishment of requirements for pharmacists to engage in collaborative practice; (5) The establishment of requirements jointly promulgated with the State Board of Medial Examiners for pharmacists to administer drugs directly to patients; (6) The enforcement of those provisions of this act relating to the conduct or competence of pharmacists practicing in this State, and the suspension, revocation, failure to renew or restriction of licenses to engage in the practice of pharmacy pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.); (7) The regulation of pharmacy practiced through any technological means; (8) The regulation and control of automated medication systems and automated medication devices within or outside of pharmacy practice sites; (9) The right to seize any drugs and devices found by the board to constitute an imminent danger to the public health and welfare; (10) The establishment of minimum specifications for record keeping, prescription and patient profile record maintenance, pharmacy practice sites including, but not limited to, the physical premises, technical equipment, environment, supplies, personnel and procedures for the storage, compounding and dispensing of drugs or devices, and for the monitoring of drug therapy; (11) The inspection of any pharmacy practice site at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board, its officers, inspectors and representatives shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other states relating to drugs, devices and the practice of pharmacy; (12) The inspection of prescription files and the prescription records of a pharmacy and the removal from the files and taking possession of any original prescription, providing that the authorized agent removing or taking possession of an original prescription shall place in the file from which it was removed a copy certified by that person to be a true copy of the original prescription removed; provided further, that the original copy shall be returned by the board to the file from which it was removed after it has served the purpose for which it was removed; (13) The establishment of requirements for patient counseling, patient profiles and drug utilization reviews; (14) The establishment of regulations to protect the health and safety of pharmacy patients; and (15) The prescribing or changing of the fees for examinations, certifications, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.) and this act. b. The board shall have those other duties, powers and authority as may be necessary to the enforcement of this act and to the enforcement of rules and regulations of the board, which may include, but not be limited to, the following: (1) The determination and issuance of standards, recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State, and the specifications and enforcement of requirements for practical training, including internships; (2) The registration of externs, interns, pharmacy preceptors and pharmacy technicians; (3) The regulation of the training, qualifications and conduct of applicants, externs, interns, pharmacy preceptors and pharmacy technicians; (4) The collection of professional demographic data; (5) The joining with those professional organizations and associations organized to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public or whose activities assist and facilitate the work of the board; (6) The establishment of a bill of rights for patients concerning the health care services a patient may expect in regard to pharmaceutical care; (7) The engagement in activities to educate consumers, to assist them in obtaining information necessary to make decisions about medication issues; (8) The establishment of standards for the continuing education of registered pharmacists; (9) The establishment of rules and regulations for extraordinary emergency situations that interfere with the ability to practice under the current rules and regulations; (10) The establishment of guidelines for board approved pilot programs. The guidelines shall be complied with to implement a program that may not be presently acknowledged in this act or its rules or regulations; and (11) The assurance that any credentialing or certification of a pharmacist is not misleading to the public. c. (1) The board may place under seal all drugs, biologicals, radio pharmaceuticals or devices that are owned by or in the possession, custody or control of a licensee or permit holder at the time his license or permit is suspended or revoked or at the time the board refused to renew his license. Except as otherwise provided in this section, drugs, biologicals, radio pharmaceuticals or devices that are sealed pursuant to this paragraph shall not be disposed of until appeal rights under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) have expired, or an appeal filed pursuant to that act has been determined. The court, involved in an appeal filed pursuant to the "Administrative Procedure Act," may order the board, during the pendency of the appeal, to sell sealed drugs, biologicals and radio pharmaceuticals that are perishable. The proceeds of a sale shall be deposited with the court. (2) Notwithstanding any provisions of this act to the contrary, whenever a duly authorized representative of the board finds, or has probable cause to believe, that any drug or device is outdated, adulterated or misbranded within the meaning of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C.s.301 et seq., the representative shall affix to that drug or device a tag or other appropriate marking giving notice that the article is or is suspected of being outdated, adulterated or misbranded, had been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until provision for removing or disposal is given by the board, its agent or the court. No person shall remove or dispose of an embargoed drug or device by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission of the court. (3) When a drug or device detained or embargoed under paragraph (2) of this subsection c. has been declared by the representative to be outdated, adulterated or misbranded, the board shall, as soon as practical thereafter, petition the judge of the court in which jurisdiction the article is detained or embargoed for an order for condemnation of that article. If the judge determines that this drug or device so detained or embargoed is not adulterated, outdated or misbranded, the board shall direct the immediate removal of the tag or other marking. (4) If the court finds that a detained or embargoed drug or device is adulterated, outdated or misbranded, that drug or device, after entry of the decree, shall be destroyed at the expense of the owner under the supervision of a board representative and all court costs and fees, storage and other proper expenses shall be borne by the owner of that drug or device. When the outdating, adulteration or misbranding can be corrected by proper labeling or processing of the drug or device, the court, after entry of the decree and after the costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that the drug or device be delivered to the owner thereof for labeling or processing under the supervision of a board representative. Expense of that supervision shall be paid by the owner. The bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid. d. Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers and authority in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.2003,c.280,s.9.

N.J. Stat. § 45:14-49 Licensure required for pharmacist.

10. a. Except as otherwise provided in this act, it shall be unlawful for any individual to engage in the practice of pharmacy unless currently licensed to practice under the provisions of this act. b. The provisions of this act shall not apply to the sale of any drug by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, veterinarian or other person licensed to prescribe such drugs in their professional practice. c. Practitioners authorized under the laws of this State to compound drugs and to dispense drugs directly to their patients in the practice of their respective professions shall meet the standards established by their respective licensing boards with respect to storage, handling, security, counseling, labeling, packing and record keeping requirements for the dispensing of drugs, or if no such standards exist, the same storage, handling, security, counseling, labeling, packaging and record keeping requirements for the dispensing of drugs applicable to pharmacists. L.2003,c.280,s.10.

N.J. Stat. § 45:14-50 Application for license; requirements.

11. To obtain a license to engage in the practice of pharmacy, the applicant shall: a. Have submitted a written application in the form prescribed by the board; b. Have attained the age of 18 years; c. Be of good moral character; d. Have graduated and received a professional degree from a college or school of pharmacy that has been approved by the board; e. Have completed an internship or other program that has been approved by the board, or demonstrated to the board's satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; f. Have successfully passed an examination or examinations as determined by the board; and g. Have paid the fees specified by the board for the examination and any related materials, and have paid for the issuance of the license. L.2003,c.280,s.11.

N.J. Stat. § 45:14-51 Examination for licensure.

12. The examination for licensure shall measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed the examination. L.2003,c.280,s.12.

N.J. Stat. § 45:14-52 Practical experience, requirements.

13. a. All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy under terms and conditions determined by the board. b. The board may establish licensure requirements for interns and standards for internship, or any other experiential program necessary to qualify an applicant for the licensure examination, and shall also determine the qualifications of preceptors used in practical experience programs. L.2003,c.280,s.13.

N.J. Stat. § 45:14-53 Licensure for pharmacist currently licensed in another jurisdiction.

14. a. In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this State, an applicant shall: (1) Have submitted a written application in the form prescribed by the board; (2) Have attained the age of 18 years; (3) Have good moral character; (4) Have engaged in the practice of pharmacy for a period of at least 1,000 hours within the last two years or have met, immediately prior to application, the internship requirements of this State within the one-year period immediately preceding the date of application; (5) Have presented to the board proof of initial licensure by examination and proof that the license is in good standing; (6) Have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy; (7) Have paid the fees specified by the board; (8) Have graduated and received a professional degree from a college or school of pharmacy approved by the board; and (9) Have met any other requirements as established by the board by regulation. b. No applicant shall be eligible for license transfer unless the applicant holds a current valid license in a state that grants licensure transfer to pharmacists duly licensed by examination in this State. c. In order for a pharmacist applicant with a pharmacy degree from a foreign country or a college of pharmacy not approved by the board to obtain a license as a pharmacist, that applicant shall meet those requirements as established by the board by regulation. L.2003,c.280,s.14.

N.J. Stat. § 45:14-54 Continuing pharmacy education.

15. a. The board shall require each person registered as a pharmacist, as a condition for biennial renewal certification, to complete continuing pharmacy education during each biennial period immediately preceding the date of renewal and submit proof thereof to the board. b. The board shall: (1) Establish standards for continuing pharmacy education, including the number of credits, the subject matter and content of courses of study, the selection of instructors and the type of continuing education credits required of a registered pharmacist as a condition of biennial registration; (2) Approve educational programs offering credit towards continuing pharmacy education requirements; and (3) Approve other equivalent educational programs, including, but not limited to, home study courses, and establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. In the case of continuing education courses and programs, each hour of instruction shall be equivalent to one credit. c. (1) The board shall only approve programs that are provided on a nondiscriminatory basis. The board shall permit any pharmacy association or organization offering a continuing pharmacy education program approved by the board pursuant to subsection b. of this section to impose a reasonable differential in registration fees for courses upon registered pharmacists who are not members of that pharmacy association or organization. The board may approve programs held within or outside the State. (2) In no event shall the board grant credits for, or approve as, a component of a continuing education program: (a) participation in a routine business portion of a meeting of a pharmacy association or organization; or (b) any presentation that is offered to sell a product or promote a business enterprise. d. (1) The board may, in its discretion, waive requirements for continuing education on an individual basis for reasons of hardship, such as illness or disability, retirement of the registration certificate, or any other good cause. (2) The board shall not require completion of continuing education credits for an initial renewal of registration. (3) If a pharmacist completes a number of continuing education credit hours in excess of the number required for a biennial period, the board may allow, by rule or regulation, credits to be carried over to satisfy the pharmacist's continuing education requirement for the next biennial renewal period, but shall not be applicable thereafter. L.2003,c.280,s.15.

N.J. Stat. § 45:14-54.1 Continuing education for pharmacists relative to opiods.

22. a. The New Jersey State Board of Pharmacy shall require that the number of credits of continuing pharmacy education required of each person registered as a pharmacist, as a condition of biennial renewal certification, include one credit of educational programs or topics concerning prescription opioid drugs, including alternatives to opioids for managing and treating pain and the risks and signs of opioid abuse, addiction, and diversion. The continuing pharmacy education requirement in this subsection shall be subject to the provisions of section 15 of P.L.2003, c.280 (C.45:14-54), including, but not limited to, the authority of the board to waive the provisions of this section for a specific individual if the board deems it is appropriate to do so. b. The New Jersey State Board of Pharmacy, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of this section. L.2017, c.28, s.22.

N.J. Stat. § 45:14-55 Use of New Jersey Prescription Blanks.

16. a. A practitioner practicing in this State shall use non-reproducible, non-erasable safety paper New Jersey Prescription Blanks bearing that practitioner's license number whenever the practitioner issues prescriptions for controlled dangerous substances, prescription legend drugs or other prescription items. The prescription blanks shall be secured from a vendor approved by the Division of Consumer Affairs in the Department of Law and Public Safety. b. A licensed practitioner practicing in this State shall maintain a record of the receipt of New Jersey Prescription Blanks. The practitioner shall notify the Office of Drug Control in the Division of Consumer Affairs as soon as possible but no later than 72 hours of being made aware that any New Jersey Prescription Blank in the practitioner's possession has been stolen. Upon receipt of notification, the Office of Drug Control shall take appropriate action, including notification to the Department of Human Services and the Attorney General. L.2003,c.280,s.16.

N.J. Stat. § 45:14-56 Health care facility prescriptions.

17. a. Prescriptions issued by a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall be written on non-reproducible, non-erasable safety paper New Jersey Prescription Blanks. The prescription blanks shall be secured from a vendor approved by the Division of Consumer Affairs in the Department of Law and Public Safety. The New Jersey Prescription Blanks shall bear the unique provider number assigned to that health care facility for the issuing of prescriptions for controlled dangerous substances, prescription legend drugs or other prescription items. b. A health care facility shall maintain a record of the receipt of New Jersey Prescription Blanks. The health care facility shall notify the Office of Drug Control in the Division of Consumer Affairs as soon as possible but no later than 72 hours of being made aware that any New Jersey Prescription Blank in the facility's possession has been stolen. Upon receipt of notification, the Office of Drug Control shall take appropriate action including notification to the Department of Human Services and the Attorney General. L.2003,c.280,s.17.

N.J. Stat. § 45:14-57 Requirements for prescription to be filled.

18. a. A prescription issued by a practitioner or health care facility licensed in New Jersey shall not be filled by a pharmacist unless the prescription is issued on a New Jersey Prescription Blank bearing the practitioner's license number or the unique provider number assigned to a health care facility. b. Notwithstanding the provisions of subsection a. of this section to the contrary, a practitioner or health care facility licensed in New Jersey may utilize an electronic health record program to imprint the practitioner's name and license number or the unique provider number assigned to a health care facility on a blank New Jersey Prescription Blank for transmission to a pharmacist, provided that: (1) any other requirements under section 20 of P.L.2003, c.280 (C.45:14-59) and any regulations adopted by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety concerning New Jersey Prescription Blanks are met; and (2) the electronic health record program will imprint on the blank form all such identifying information about the prescriber as is required by regulation of the Director of the Division of Consumer Affairs. L.2003, c.280, s.18; amended 2009, c.297.

N.J. Stat. § 45:14-57.1 Re-dispensing of prescription medications under certain circumstances.

1. a. In the event that a pharmacy prepares a prescription medication that is abandoned by a patient, or a long-term care pharmacy does not dispense a prescription medication to a patient in a long-term care facility, the medication may be re-dispensed by the pharmacy in a manner consistent with regulations promulgated by the Board of Pharmacy, provided that the medication was maintained under proper storage conditions to ensure its integrity, and has remained under the exclusive control and custody of the pharmacy and the patient's long-term care facility at all times. The medication shall not be dispensed to patients later than one year from the date the medication was originally prepared for dispensing. A re-dispensed medication shall be marked with the same use-by date found on the medication when it was originally prepared for dispensing. Nothing in this section shall be construed to modify dispensing requirements and practices related to a prescription drug that can only be dispensed to a patient registered with the manufacturer of that drug, in accordance with requirements established by the federal Food and Drug Administration. b. For purposes of this section, a prescription medication shall be considered to be abandoned when a prescription is prepared and made available for dispensing by the pharmacy but is not dispensed to the patient for whom it was prepared within two weeks. L.2016, c.42, s.1.

N.J. Stat. § 45:14-58 Transmission of prescription by telephone, electronic means; requirements.

19. a. Nothing contained in P.L.2003, c.280 (C.45:14-40 et seq.) 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. 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. d. Notwithstanding any law or regulation to the contrary, a Schedule II controlled dangerous substance that is prescribed for attention-deficit/hyperactivity disorder may be transferred from a pharmacist to another pharmacist, provided the prescription transfer is in compliance with federal regulations. L.2003, c.280, s.19; amended 2017, c.338; 2025, c.45.

N.J. Stat. § 45:14-59 Format for New Jersey Prescription Blanks.

20. The Division of Consumer Affairs in the Department of Law and Public Safety shall establish the format for uniform, non-reproducible, non-erasable safety paper prescription blanks, to be known as New Jersey Prescription Blanks, which format shall include an identifiable logo or symbol that will appear on all prescription blanks and additional security features to prevent erasure or duplication of prescription blanks that can be accomplished with widely available computer technology. The prescription blanks for each prescriber or health care facility shall be numbered consecutively and, if the prescriber or health care facility has a National Provider Identifier, the prescription blank shall include the National Provider Identifier. The division shall approve a sufficient number of vendors to ensure production of an adequate supply of New Jersey Prescription Blanks for practitioners and health care facilities Statewide, but shall limit the number of vendors as necessary to ensure that vendors may be appropriately monitored to ensure that prescription blanks are delivered only to intended prescribers and health care facilities. L.2003, c.280, s.20; amended 2007, c.244, s.22; 2015, c.74, s.7.

N.J. Stat. § 45:14-60 Different dosage form, conditions.

21. 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, provided the dosage form dispensed has the appropriate drug release rate. L.2003,c.280,s.21.

N.J. Stat. § 45:14-61 Requirements for collaborative practice.

22. In establishing requirements for pharmacists to engage in collaborative practice as provided in paragraph (4) of subsection a. of section 9 of this act, the board shall include in these requirements, but not be limited to, provisions that any written protocol between a physician and pharmacist: a. is agreed to by both the physician and the pharmacist with the consent of the patient; b. identifies, by name and title, each physician and each pharmacist who is permitted to participate in a patient's collaborative drug therapy management; c. specifies the functions and responsibilities the pharmacist will be performing; d. is available at the practice sites of the pharmacist and physician and made available at each site to the patient; e. is initiated and utilized at the sole discretion of the physician for a specific patient; f. may be terminated at any time by either party by written documentation; g. establishes when physician notification is required, the physician chart update interval, and an appropriate time frame within which the pharmacist must notify the physician of any change in dose, duration or frequency of medication prescribed; h. remains in effect for a period not to exceed two years upon the conclusion of which, or sooner, the parties shall review the protocol and make a determination as to its renewal, modification or termination; and i. establish the means by which the patient will be advised of the right to elect to participate in and withdraw from the collaborative drug therapy management. L.2003,c.280,s.22.

N.J. Stat. § 45:14-62 Collaborative drug therapy management.

23. a. Each collaborative drug therapy management shall be between a single patient's specific physician and the patient's pharmacist or pharmacy and address that patient's specific condition, disease or diseases. b. No collaborative drug therapy management shall include, without the prior consent of the patient and the patient's physician who has signed the protocol, therapeutic interchange at the time of dispensing, provided that written confirmation of this prior consent, which may be by electronic means, shall be obtained pursuant to record keeping guidelines to be established by regulation jointly promulgated by the board and the State Board of Medical Examiners. L.2003,c.280,s.23.

N.J. Stat. § 45:14-63 Administration of prescription medication directly to patient, immunization.

24. a. No pharmacist shall administer a prescription medication directly to a patient without appropriate education and training, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners. Such medication shall only be for the treatment of a disease for which a nationally certified program is in effect, or as determined by the board, and only if utilized for the treatment of that disease for which the medication is prescribed or indicated or for which the collaborative drug therapy management permits. b. (1) Notwithstanding any law, rule, or regulation to the contrary, a pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician may administer drugs to a patient 18 years of age or older, provided the pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician is appropriately educated and qualified, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners, and provided the drugs are administered under any one of the following conditions: (a) pursuant to a prescription by an authorized prescriber for a vaccine and related medical emergency medications; (b) in immunization programs implemented pursuant to an authorized prescriber's standing order for the vaccine and related medical emergency medications; or (c) in immunization programs and programs sponsored by governmental agencies that are not patient specific, provided, however, that the authority to administer drugs pursuant to this subparagraph applies only to the medication authorized for administration under the program and related medical emergency medications. (2) In addition to the authority provided under paragraph (1) of this subsection, an appropriately educated and qualified pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician may administer an influenza vaccine, a COVID-19 vaccine, or both, to a patient who is five years of age or older. For a patient who is under 18 years of age, a pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician shall not administer a vaccine except with the permission of the patient's parent or legal guardian. (3) In addition to the authority provided under paragraph (1) of this subsection, an appropriately educated and qualified pharmacy intern, pharmacy extern, or pharmacy technician, as defined by regulation of the New Jersey State Board of Pharmacy, may administer immunizations, as provided in this subsection, to patients by injection or by other delivery method, provided that the pharmacy intern, pharmacy extern, or pharmacy technician is acting under the direct supervision of a licensed pharmacist who is pre-approved by the New Jersey State Board of Pharmacy to administer vaccines and related emergency medications, and who is in compliance with the rules jointly promulgated by the New Jersey State Board of Pharmacy and the State Board of Medical Examiners. c. All doses of a vaccine administered to a patient by a pharmacist, pharmacy intern, pharmacy extern, or pharmacy technician pursuant to this subsection shall be reported to the New Jersey Immunization Information System established pursuant to section 4 of P.L.2004, c.138 (C.26:4-134) as required pursuant to N.J.A.C.8:57-3.16, for inclusion in the patient's registry. L.2003, c.280, s.24; amended 2013, c.254; 2018, c.143; 2025, c.17.

N.J. Stat. § 45:14-64 Inapplicability relative to collaborative drug therapy management in hospitals.

25. The provisions of this act regulating collaborative drug therapy management shall not apply to any pharmacist practicing in a hospital, provided that prescribing within these institutions takes place under the guidance of a pharmacy and therapeutics committee in accordance with procedures as determined by regulations jointly promulgated by the board and the State Board of Medical Examiners. L.2003,c.280,s.25.

N.J. Stat. § 45:14-65 Refusal of application for examination, suspension, revocation of certificate; procedure.

26. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board may refuse an application for examination or may suspend or revoke the certificate of a licensed pharmacist upon proof satisfactory to the board that such licensed pharmacist is guilty of grossly unprofessional conduct and the following acts are hereby declared to constitute grossly unprofessional conduct for the purpose of this act: a. Paying rebates or entering into an agreement for payment of rebates to any physician, dentist or other person for the recommending of the services of any person. b. The providing or causing to be provided to a physician, dentist, veterinarian or other person authorized to prescribe, prescription blanks or forms bearing the pharmacist's or pharmacy's name, address or other means of identification. c. The claiming of professional superiority in the compounding or filling of prescriptions or in any manner implying professional superiority which may reduce public confidence in the ability, character or integrity of other pharmacists. d. Fostering the interest of one group of patients at the expense of another which compromises the quality or extent of professional services or facilities made available. e. The distribution of premiums or rebates of any kind whatsoever in connection with the sale of drugs and medications provided, however, that trading stamps and similar devices shall not be considered to be rebates for the purposes of this act and provided further that discounts, premiums and rebates may be provided in connection with the sale of drugs and medications to any person who is 60 years of age or older and that discounts may be provided to any person who is a member of or is an account holder with a healthcare platform. f. Advertising of prescription drug prices in a manner inconsistent with rules and regulations promulgated by the Director of the Division of Consumer Affairs, except that no advertising of any drug or substance shall be authorized unless the Commissioner of Health and Senior Services shall have determined that the advertising is not harmful to public health, safety and welfare. g. Engaging in activities beyond the scope of a collaborative drug therapy management agreement. Before a certificate shall be refused, suspended or revoked, the accused person shall be furnished with a copy of the complaint and given a hearing before the board. Any person whose certificate is so suspended or revoked shall be deemed an unlicensed person during the period of such suspension or revocation, and as those shall be subject to the penalties prescribed in this act, but that person may, at the discretion of the board, have his certificate reinstated at any time without an examination, upon application to the board. Any person to whom a certificate shall be denied by the board or whose certificate shall be suspended or revoked by the board shall have the right to review that action by appeal to the Appellate Division of the Superior Court in lieu of prerogative writ. L.2003, c.280, s.26; amended 2023, c.221, s.3.

N.J. Stat. § 45:14-65.1 Patient, membership, account, healthcare platform, payment, drug, device.

4. A patient with a membership or account with a healthcare platform may apply the membership or account as part of the payment for a prescription or non-prescription drug or device. L.2023, c.221, s.4.

N.J. Stat. § 45:14-65.2 Patient, membership, account, healthcare platform, payment, services, telehealth, telemedicine.

5. A patient with a membership or an account with a healthcare platform, as defined pursuant to section 2 of P.L.2003, c.280 (C.45:14-41), may apply the membership or account towards payment of services provided as a result of telehealth or telemedicine. A patient who uses or intends to use a membership or an account with a healthcare platform to pay for telehealth or telemedicine services shall notify a provider of any identification number, if given, in connection with the membership or account with a healthcare platform to ensure the preservation of a proper patient-provider relationship pursuant to section 3 of P.L.2017, c.117 (C.45:1-63). L.2023, c.221, s.5.

N.J. Stat. § 45:14-66 Drug utilization review, requirements.

27. a. A pharmacist shall conduct a drug utilization review before each new medication is dispensed or delivered to a patient. b. A pharmacist shall conduct a prospective drug utilization review in accordance with the provisions of this section before refilling a prescription or medication order to the extent he deems appropriate in his professional judgment. c. A pharmacist shall exercise independent professional judgment as to whether or not to dispense or refill a prescription or medication order. In determining to dispense or refill a prescription or medication order, the decision of the pharmacist shall not be arbitrary but shall be based on professional experience, knowledge or available reference materials. L.2003,c.280,s.27.

N.J. Stat. § 45:14-67 Provision of counseling on new prescriptions.

28. A pharmacist or his designee shall offer to provide counseling to any person who presents a new prescription in a manner as determined pursuant to criteria established by the board. L.2003,c.280,s.28.

N.J. Stat. § 45:14-67.1 Duty of pharmacy to fill certain prescriptions.

1. a. A pharmacy practice site has a duty to properly fill lawful prescriptions for prescription drugs or devices that it carries for customers, without undue delay, despite any conflicts of employees to filling a prescription and dispensing a particular prescription drug or device due to sincerely held moral, philosophical or religious beliefs. b. If a pharmacy practice site does not have in stock a prescription drug or device that it carries, and a patient presents a prescription for that drug or device, the pharmacy practice site shall offer: (1) to obtain the drug or device under its standard expedited ordering procedures; or (2) to locate a pharmacy that is reasonably accessible to the patient and has the drug or device in stock, and transfer the prescription there in accordance with the pharmacy practice site's standard procedures. The pharmacy practice site shall perform the patient's chosen option without delay. If the patient so requests, the pharmacist shall return an unfilled prescription to the patient. c. If a pharmacy practice site does not carry a prescription drug or device, and a patient presents a prescription for that drug or device, the pharmacy practice site shall offer to locate a pharmacy that is reasonably accessible to the patient and has the drug or device in stock. d. A person who believes that a violation of this section has occurred may report the violation to the New Jersey State Board of Pharmacy. L.2007, c.199, s.1.

N.J. Stat. § 45:14-67.2 Dispensing of opioid antidotes by pharmacist; definitions.

1. a. Notwithstanding any other law or regulation to the contrary, a pharmacist may dispense an opioid antidote to any person or entity, regardless of whether the person or entity holds an individual prescription for the opioid antidote, pursuant to a standing order issued by a prescriber or pursuant to the standing order issued pursuant to subsection b. of this section. A pharmacist who dispenses an opioid antidote pursuant to this section shall comply with the provisions of the "Overdose Prevention Act," P.L.2013, c.46 (C.24:6J-1 et al.). b. The Commissioner of Health, or, if the commissioner is not a duly licensed physician, the Deputy Commissioner for Public Health Services, shall issue a standing order authorizing all licensed pharmacists in the State to dispense an opioid antidote to any individual or entity, regardless of whether the individual or entity holds an individual prescription for the opioid antidote. The Commissioner of Health shall provide a copy of the standing order to the Board of Pharmacy, which shall post a copy of the standing order on the board's Internet website and transmit a copy of the standing order to all licensed pharmacists in such a manner as the board deems appropriate. c. As used in this section: "Opioid antidote" means naloxone hydrochloride or any other drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose. "Prescriber" means the same as that term is defined in section 3 of P.L.2013, c.46 (C.24:6J-3). L.2017, c.88, s.1; amended 2021, c.152, s.10.

N.J. Stat. § 45:14-67.3 Information given by pharmacist to patient.

2. Notwithstanding any law or contract to the contrary, a pharmacist at a pharmacy practice site shall inform each patient, at the time of taking an order from a patient for home delivery or at the time of dispensing a prescription drug to the patient at the practice site: a. of the lowest cost option for the prescription drug; and b. whether there is an alternative drug that is less expensive and interchangeable with the prescription drug, and if needed, that the consumer can discuss with the prescribing health care provider whether the alternative drug would be appropriate for the consumer. L.2019, c.257, s.2.

N.J. Stat. § 45:14-67.4 Public information campaign.

4. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall develop a public information campaign to educate consumers in this State about their right to ask a pharmacist about the lowest cost option for any prescription drug . As part of the information campaign, the director shall develop a method that informs consumers about these rights, in a highly visible location near the point of purchase for prescription drugs. The director shall integrate the consumer notification with other consumer informational requirements for pharmacists. L.2019, c.257, s.4.

N.J. Stat. § 45:14-67.5 Specialty pharmacy to comply with standards for treatment of hemophilia.

2. Each specialty pharmacy licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.) that provides pharmacy services to an individual with hemophilia shall, when those services include treatment services for bleeding episodes associated with hemophilia, comply with the standards for a provider as provided in subsection a. of section 1 of P.L.2001, c.121 (C.26:2S-10.1). A specialty pharmacy that provides pharmacy services that include treatment services for bleeding episodes associated with hemophilia that fails to comply with the requirements of this section or the standards provided in subsection a. of section 1 of P.L.2001, c.121 (C.26:2S-10.1) shall be subject to such administrative penalties or disciplinary action as the State Board of Pharmacy shall prescribe by regulation. As used in this section, "specialty pharmacy" means the service created to manage the handling and service requirements of specialty pharmaceuticals, including dispensing, infusion services, distribution, reimbursement, case management, and other services specific to patients with rare or chronic conditions involving or related to hemophilia. L.2019, c.322, s.2.

N.J. Stat. § 45:14-67.6 Requirements for pharmacies concerning information provided to patients.

1. a. A pharmacy practice site that dispenses prescription drugs, other than a long-term care pharmacy, shall, when dispensing to an individual located in this State a prescription drug or medication which is a controlled dangerous substance, and when dispensing any other prescription drug or medication as may be designated by the Commissioner of Health by regulation: (1) provide the patient with written informational materials advising that when unused, unwanted, or expired drugs and medications are not properly, safely, and promptly disposed of: (a) there is a risk that the drug or medication can be stolen, diverted, abused, misused, or accidentally ingested, which can pose a risk to the health and safety of the patient and other members of the patient's household; (b) children are particularly at risk of accidentally ingesting unused, unwanted, and expired medications that have not been properly, safely, and promptly disposed of; (c) when drugs or medications are disposed of in the household trash or flushed down the drain, the drugs and medications can leak into the ecosystem, which can have a potentially adverse or harmful effect on the environment; and (d) when drugs or medications are disposed of in the household trash without the drug or medication having been rendered deactivated, inaccessible, or otherwise unusable, the drug or medication may be stolen by individuals seeking to divert, abuse, or misuse the drug or medication; (2) make available on-site, for purchase or at no cost to the patient, at least one consumer method for individuals to dispose of unwanted or expired prescription drugs, including, but not limited to over-the-counter at-home or site-of-use solutions or secured medication collection kiosks or boxes, subject to the following requirements: (a) all at-home or site-of-use drug disposal products shall alter the characteristics of the prescription drug through chemical, biological, or physical means so as to have a beneficial effect on the environment; (b) Secured medication collection kiosks or boxes shall be marked and identified by prominent signage; (c) any manufacturer of a non-toxic at-home or site-of-use composition for consumer drug disposal shall provide a method that renders the active ingredients in the prescription medication, as defined in 21 C.F.R. 210.3(b)(7)or as defined in a successor regulation, unusable so that the active ingredients cannot be transformed to a physical or chemical condition or transformed to the state of a controlled substance or controlled substance analog, as per 21 C.F.R. s.1317.90 or a successor regulation; and (d) the manufacturer of an at-home or site-of-use composition or a secured medicine collection kiosk or box made available by a pharmacy pursuant to this paragraph shall represent to the pharmacy that none of the components or methods of disposal individually or as a blend or as a solution or as treatment and destruction facility are toxic, and that the composition or medicine collection kiosk or box follows waste regulations outlined by the federal Environmental Protection Agency (EPA) for municipal house hold waste disposal; and (3) provide the patient with written informational materials concerning how to properly, safely, and promptly dispose of unused, unwanted, or expired drugs and medications, which may include, but shall not be limited to, information concerning drug disposal options available pursuant to paragraph (2) of this subsection. The individual dispensing the prescription drug, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this paragraph. b. The requirements of subsection a. of this section shall apply regardless of whether the prescription is an initial prescription or a renewal or refill of an existing prescription, and regardless of whether the patient is a new or returning customer at the pharmacy practice site. c. Any time a pharmacy practice site that dispenses prescription drugs, other than a long-term care pharmacy, sells or dispenses a hypodermic syringe or needle, regardless of whether the hypodermic syringe or needle is sold or dispensed pursuant to a prescription, the pharmacy practice site shall provide the patient with informational materials made available through the Internet website of the Department of Health pursuant to section 3 of this act concerning the safe disposal of used hypodermic syringes and needles so as to prevent against the potential transmission of bloodborne pathogens that can occur when used hypodermic syringes and needles are reused or when they result in accidental injury. The individual selling or dispensing the hypodermic syringe or needle, or an appropriate designee, shall answer any questions the patient may have upon receiving the written informational materials pursuant to this subsection. L.2019, c.509, s.1.

N.J. Stat. § 45:14-67.7 Distribution of informational materials.

3. The Department of Health shall make available through its Internet website for distribution to patients by hospice care programs and pharmacy practice sites informational materials concerning the safe disposal of used hypodermic syringes and needles so as to prevent against the potential transmission of bloodborne pathogens that can occur when used hypodermic syringes and needles are reused or when they result in accidental injury. L.2019 c.509, s.3.

N.J. Stat. § 45:14-67.8 Pharmacists authorized to provide testing for COVID-19, certain circumstances.

1. a. A pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.) shall be authorized to order and cause to be administered to any person any test for the SARS-CoV-2 (COVID-19) or COVID-19 antibodies that the federal Food and Drug Administration granted emergency use authorization or approval , provided that: (1) the manufacturer of the test is registered with the federal Food and Drug Administration and is included in the Establishment Registration and Device Listing database maintained by the federal Food and Drug Administration; (2) the place of manufacture provides reasonable assurance prior to or at the time of shipment that the test is genuine; and (3) the pharmacy practice site distributes personal protection equipment to all pharmacy staff and establishes protocols and procedures to ensure that all persons presenting at the pharmacy for any reason, including to request testing for COVID-19, maintain social distancing appropriate to prevent transmission of COVID-19 , and complies with any other applicable requirements that the New Jersey Board of Pharmacy may establish. For the purposes of this section, causing a test to be administered shall include collecting a specimen, or overseeing the collection of a specimen, and causing the specimen to be sent to a laboratory with the capacity to perform the test. The laboratory shall be authorized under federal and State law to perform the test, including, but not limited to, the federal "Clinical Laboratory Improvement Amendments of 1988 (CLIA)," Pub. L. 100-578 (42 U.S.C. s.263a), the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.), and associated regulations. If the test which is administered is one for which the analysis can be performed at a CLIA-waived facility, and if the pharmacy at which the specimen is collected has a CLIA waiver, then the test may be conducted at that pharmacy. In all other cases, the test shall be conducted at an off-site laboratory, which laboratory shall report the results of the test to the pharmacist who ordered or administered the test. b. If an individual tests positive for COVID-19 using a test administered by a pharmacist pursuant to subsection a. of this section, the pharmacist shall advise the patient on self-isolation guidance and provide the individual with any necessary resources, such as the COVID-19 Home Care Guide developed by the New Jersey Department of Health , except that, if the patient is a member of a group that is at high risk for health complications from COVID-19 or is experiencing symptoms of a severe adverse reaction to COVID-19, the pharmacist shall also advise the patient to promptly seek treatment at a hospital or contact the patient's health care provider. The pharmacist shall ensure compliance with all other State and federal requirements concerning a positive test for COVID-19, including applicable reporting and data collection requirements. L.2020, c.101, s.1.

N.J. Stat. § 45:14-67.9 Pharmacist authorized, self-administered hormonal contraceptives.

1. a. Notwithstanding any other law to the contrary, a pharmacist shall be authorized to furnish self-administered hormonal contraceptives to a patient, in accordance with standardized procedures and protocols to be jointly developed and approved by the Board of Pharmacy and the State Board of Medical Examiners, in consultation with the American Congress of Obstetricians and Gynecologists, the New Jersey Pharmacists Association, and other appropriate entities, and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and the provisions of this subsection. b. At a minimum, the standardized procedures and protocols adopted under this subsection shall: (1) require a pharmacist, as a condition of furnishing self-administered hormonal contraceptives to patients pursuant to this section, to: (i) complete a training program jointly approved by the Board of Pharmacy and the State Board of Medical Examiners; and (ii) affirm, in writing, that he or she has completed appropriate training and will follow pertinent guidelines offered by the federal Centers for Disease Control and Prevention, including the United States Medical Eligibility Criteria for Contraceptive Use, which written affirmation shall be retained by the pharmacist as a medical record, in a manner and for such periods of time, as required by law; (2) provide for the issuance of a standing order authorizing pharmacists in this State to furnish self-administered hormonal contraceptives to patients without an individual prescription; (3) identify the self-administered hormonal contraceptives that a pharmacist will be authorized to furnish to patients pursuant to the standing order; (4) require a pharmacist to make clinical decisions that are free from any financial influence imposed by insurance providers, contraceptive product manufacturers, and other parties having a financial interest in the disbursement or non-disbursement of self-administered hormonal contraceptives; (5) require a patient, prior to obtaining a self-administered hormonal contraceptive pursuant to this section, to be evaluated through the administration of a questionnaire by the dispensing pharmacist, which questionnaire shall be developed by the Department of Health, that will identify patient risk factors for the use of self-administered hormonal contraceptives, based on the current United States Medical Eligibility Criteria for Contraceptive Use. The patient's responses to the written questionnaire shall be retained as a medical record, in a manner and for such periods of time, as required by law; (6) require a pharmacist to offer to provide counseling to a patient about other forms of contraception that have been approved by the federal Food and Drug Administration, and, if the patient accepts the offer for counseling, require the pharmacist to provide the patient with specific and appropriate information about such other forms of contraception, based on the results of the questionnaire administered pursuant to paragraph (5) of this subsection; and (7) require a pharmacist, upon furnishing a self-administered hormonal contraceptive to a patient, or upon determining that a self-administered hormonal contraceptive is not recommended, to refer the patient to the patient's primary care provider, or, if the patient does not have a primary care provider, to an appropriate and nearby medical clinic. c. The Board of Pharmacy and the Board of Medical Examiners are each authorized to ensure compliance with the provisions of this section, and each board is specifically charged with the enforcement of this section as applied to its respective licensees. d. As used in this section, "self-administered hormonal contraceptive" means any oral, transdermal, or vaginal contraceptive product, including, but not limited to, birth control pills, vaginal rings, and diaphragms. e. Nothing in this section shall be construed to expand the authority of a pharmacist to prescribe any prescription medication. The requirements of this section shall not apply to a pharmacist dispensing a self-administered hormonal contraceptive pursuant to an individual prescription issued by a health care practitioner authorized to prescribe self-administered hormonal contraceptives in the course of professional practice. L.2023, c.2, s.1.

N.J. Stat. § 45:14-67.10 Public awareness campaign established.

2. The Commissioner of Health shall establish a public awareness campaign to inform the general public concerning the ability to obtain self-administered hormonal contraceptives from a pharmacy without an individual prescription pursuant to the provisions of section 1 of P.L.2023, c.2 (C.45:14-67.9). There shall be appropriated to the Department of Health such funding as shall be necessary to implement the provisions of this section. L.2023, c.2, s.2.

N.J. Stat. § 45:14-67.11 Display of notice concerning insulin manufacturer assistance programs, pharmacy practice site.

1. a. A pharmacy practice site shall: (1) display, in a conspicuous manner on the website of the pharmacy, a notice concerning insulin manufacturer assistance programs, to be created by the Department of Health; and (2) at the individual's request, provide a pamphlet concerning insulin manufacturer assistance programs, to be created by the department, to an individual purchasing a prescription for insulin and any individual requesting a pamphlet. b. An insulin manufacturer offering an assistance program may inform the department of its intention to be included in the notices and pamphlets. c. The department shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.2025, c.90.

N.J. Stat. § 45:14-67.12 Definitions.

1. As used in this act: “CDC PEP guidelines” means the “Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV – United States, 2016,” or any subsequent guidelines. “CDC PrEP guidelines” means the “ Preexposure Prophylaxis for the Prevention of HIV Infection in the United States – 2021 Update: A Clinical Practice Guideline,” or any subsequent guidelines. “HIV” means the human immunodeficiency virus. “HIV preexposure prophylaxis” means any drug or drug combination authorized or approved by the United States Food and Drug Administration for the prevention of HIV that meets the clinical recommendations, and that is furnished according to the standards of care, provided in the CDC PrEP guidelines or any subsequent guidelines. “HIV postexposure prophylaxis” means any drug or drug combination authorized or approved by the United States Food and Drug Administration that meets the clinical recommendations for HIV postexposure prophylaxis, and that is furnished according to the standards of care, provided in the CDC PEP guidelines or any subsequent guidelines. “Standards of care” means the care of a pharmacist ordering and providing HIV preexposure prophylaxis or HIV postexposure prophylaxis services as determined by the circumstances that present in practice, which care meets the same standard of care provided by other qualified health care professional in the same or similar setting. L.2025, c.196, s.1.

N.J. Stat. § 45:14-67.13 HIV preexposure prophylaxis, HIV postexposure prophylaxis without individual prescription.

2. a. Notwithstanding any other provision of law to the contrary, a pharmacist may initiate and furnish HIV preexposure prophylaxis or HIV postexposure prophylaxis to a patient without an individual prescription pursuant to a standing order issued to the pharmacist by the Commissioner of Health or, if the commissioner is not a duly licensed physician, the Deputy Commissioner for Public Health Services. A standing order shall be issued to a pharmacist upon request, provided that the pharmacist satisfies the training requirements set forth in subsection b. of this section and certifies that the pharmacist will adhere to the requirements set forth in subsection c. of this section concerning the protocols for initiating and furnishing HIV preexposure prophylaxis and the requirements set forth in subsection d. of this section concerning the protocols for initiating and furnishing HIV postexposure prophylaxis to patients without an individual prescription. In no case shall a patient be authorized to waive the consultation required pursuant to subsection c. or subsection d. of this section. b. A pharmacist shall not be authorized to furnish HIV preexposure prophylaxis or HIV postexposure prophylaxis to a patient without an individual prescription unless the pharmacist completes a training program, provided by the Department of Health or approved by the Department of Health, concerning the use of HIV preexposure prophylaxis and HIV postexposure prophylaxis. At a minimum, the training program shall include information about financial assistance programs available to patients to assist with the costs of HIV preexposure prophylaxis and HIV postexposure prophylaxis. c. A pharmacist shall furnish at least a 30-day supply, and up to a 90-day supply, of HIV preexposure prophylaxis to a patient without an individual prescription if the following requirements are met: (1) The patient is HIV-negative, as documented by a negative HIV test result obtained within the previous seven days from an HIV antigen/antibody test or antibody-only test or from a rapid, point-of-care fingerstick blood test approved by the federal Food and Drug Administration. If the patient does not provide evidence of a negative HIV test in accordance with this paragraph, the pharmacist shall administer an HIV test waived under the federal "Clinical Laboratory Improvement Amendments of 1988 (CLIA)," Pub. L. 100-578 (42 U.S.C. s.263a) or order an HIV test. If the test results are not ordered directly by the pharmacist, the pharmacist shall verify the test results to the pharmacist’s satisfaction. If the patient tests positive for HIV infection, the pharmacist or person administering the test shall direct the patient to a primary care provider, provide the patient with information and resources concerning treatment providers and HIV treatment clinics in the region, and take all other actions required under State and federal law in response to a positive test for HIV; (2) The patient does not report any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; (3) The patient does not report taking any contraindicated medications, and the pharmacist reviews, to the extent possible, the patient’s prescription monitoring information to confirm no contraindicated prescriptions have been issued or dispensed by the treating pharmacist or the pharmacy affiliated with the treating pharmacist to the patient in the past six months; (4) The patient has not been furnished with HIV preexposure prophylaxis without an individual prescription within the past two years based on the information provided by the patient to the pharmacist or the information available in the patient’s records; (5) The pharmacist provides counseling to the patient on the ongoing use of HIV preexposure prophylaxis, which may include education about side effects, safety during pregnancy and breastfeeding, adherence to recommended dosing, and the importance of timely testing and treatment, as applicable, for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of child-bearing capacity. The pharmacist shall notify the patient that the patient will not be eligible to continue receiving HIV preexposure prophylaxis unless the patient is seen by a primary care provider and issued a prescription for the HIV preexposure prophylaxis and that the patient may be furnished with no more than a 90-day supply of HIV preexposure prophylaxis by a pharmacist without an individual prescription within any given two year period; (6) The pharmacist documents, to the extent possible, the services provided by the pharmacist in the patient’s record in the record system maintained by the pharmacy and includes the dispensation of the HIV preexposure prophylaxis in the prescription monitoring database established pursuant to P.L.2007, c.244 (C.45:1-45 et al.) with a note indicating the HIV preexposure prophylaxis was provided without an individual prescription pursuant to this section; and (7) The pharmacist notifies the patient’s primary care provider that the pharmacist furnished the patient with HIV preexposure prophylaxis pursuant to this section. If the patient does not have a primary care provider, or refuses to consent to the pharmacist providing notice to the primary care provider pursuant to this paragraph, the pharmacist shall provide the patient with a list of physicians and surgeons, clinics, or other health care service providers to contact regarding ongoing care for HIV preexposure prophylaxis. The Department of Health shall publish and maintain a current list of providers for pharmacists to use for the purposes of this paragraph, which list may be made available on the department’s Internet website. d. A pharmacist shall furnish a complete course of HIV postexposure prophylaxis to a patient without an individual prescription if the following requirements are met: (1) The pharmacist confirms with the patient that the exposure to HIV occurred within the previous 72 hours and the patient otherwise meets the clinical criteria for HIV postexposure prophylaxis consistent with the standard of care outlined in the CDC PEP guidelines or any subsequent guidelines; (2) The pharmacist provides HIV testing that is classified as waived under the federal “Clinical Laboratory Improvement Amendments of 1988,” 42 U.S.C. s.263a, or determines the patient is willing to undergo HIV testing consistent with the CDC PEP guidelines or any subsequent guidelines; (3) The pharmacist provides counseling to the patient on the use of HIV postexposure prophylaxis consistent with the standard of care outlined in the CDC PEP guidelines or any subsequent guidelines, which may include education about side effects, safety during pregnancy and breastfeeding, adherence to recommended dosing, and the importance of timely testing and treatment, as applicable, for HIV and sexually transmitted diseases. The pharmacist shall additionally inform the patient of the availability of HIV preexposure prophylaxis for persons who are at substantial risk of acquiring HIV; and (4) The pharmacist notifies the patient’s primary care provider that the pharmacist provided the patient with a complete course of HIV postexposure prophylaxis. If the patient does not have a primary care provider, or refuses to consent to the pharmacist providing notice to the primary care provider pursuant to this paragraph, the pharmacist shall provide the patient with a list of physicians and surgeons, clinics, or other health care service providers to contact regarding follow-up care for HIV postexposure prophylaxis or an Internet web link to this information that the Department of Health shall publish on the department’s Internet website and maintain for pharmacists to use for the purposes of this paragraph. e. (1) A pharmacist ordering or providing HIV preexposure prophylaxis or HIV postexposure prophylaxis under this section shall be required to do so according to the same standards of care required under the CDC PEP guidelines or the CDC PrEP guidelines, as applicable, for a physician or other health care professional ordering or providing the identical service. (2) In the event that the CDC PEP guidelines or the CDC PrEP guidelines are unavailable, the Department of Health shall implement a process for establishing guidelines for pharmacists to order or provide HIV preexposure prophylaxis or HIV postexposure prophylaxis under this section in accordance to the same standards of care, as applicable, for a physician or other health care professional ordering or providing the identical service. f. A licensed pharmacist who, in good faith, tests, furnishes, or provides a patient care related to HIV preexposure prophylaxis and HIV postexposure prophylaxis pursuant to this section and based on information provided by said patient or the patient's legal representative shall not be subject to civil liability, criminal prosecution, disciplinary action, or other adverse action under any professional licensing statute for any injury or damages resulting from reliance on such information. L.2025, c.196, s.2.

N.J. Stat. § 45:14-68 Patient profile system.

29. a. A patient profile system shall be maintained by all pharmacies for persons for whom medications are dispensed. The patient profile record system shall enable the dispensing pharmacist to identify previously dispensed medication at the time a prescription is presented for dispensing. b. The following information generated or transferred to the individual pharmacy practice site shall be recorded in the patient profile system: (1) The family and the first name of the person for whom the medication is intended (the patient); (2) The street address and telephone number of the patient; (3) Indication of the patient's age, birth date or age group (infant, child, adult) and gender; (4) The height, weight and other patient specific criteria for those medications that are height or weight dose dependent; (5) The original or refill date the medication is dispensed and the initials of the dispensing pharmacist, if those initials and date are not recorded on the original prescription or in any other record approved by the board; (6) The number or designation identifying the prescription; (7) The practitioner's name; (8) The name, strength and quantity of the drug dispensed; (9) The individual history, if significant, including known allergies and drug reactions, known diagnosed disease states and a comprehensive list of medications and relevant devices; and (10) Any additional comments relevant to the patient's drug use, which may include any failure to accept the pharmacist's offer to counsel. c. The information obtained shall be recorded in the patient's manual or electronic profile, or in the prescription signature log, or in any other system of records, and may be considered by the pharmacist in the exercise of his professional judgment concerning both the offer to counsel and content of counseling. The absence of any record of a failure to accept the pharmacist's offer to counsel shall be presumed to signify that the offer was accepted and that the counseling was provided. L.2003,c.280,s.29.

N.J. Stat. § 45:14-69 Issuance of permit for pharmacy practice sites.

30. a. All pharmacy practice sites in this State, which engage in the practice of pharmacy in the State of New Jersey, shall be issued a permit by the board, and shall annually renew their permit with the board. If operations are conducted at more than one location, each location shall be issued a permit by the board for the dispensing of medicine. b. The board may determine by rule or regulation the permit classifications of all pharmacy practice sites issued a permit under this act, and establish minimum standards for pharmacy practice sites. c. The board shall establish by rule or regulation the criteria which each site shall meet to qualify for a permit in each classification. The board may issue permits with varying restrictions to pharmacy practice sites if the board deems it necessary. d. Each holder of a pharmacy practice site permit shall ensure that a licensed pharmacist be immediately available on the premises to provide pharmacy services at all times the pharmacy practice site is open. e. Each pharmacy practice site shall have a pharmacist-in-charge. The pharmacist-in-charge and the owner of a pharmacy practice site shall be responsible for any violation of any laws or regulations pertaining to the practice of pharmacy. f. The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning the granting of permits and the inspection of pharmacy practice sites located in this State and those located outside this State. g. The board may deny, suspend, revoke, restrict or refuse to renew a permit for a pharmacy practice site that does not comply with the provisions of this act or any rule or regulation promulgated pursuant to this act. L.2003,c.280,s.30.

N.J. Stat. § 45:14-70 Permit application procedures.

31. a. The board shall specify by rule or regulation the permit application procedures to be followed, including, but not limited to, the specification of forms to be used, the time and place the application is to be made and the fees to be charged. b. Applicants for a permit to operate a pharmacy practice site within this State shall file with the board a verified application containing the information that the board requires of the applicant relative to the qualifications for the specific permit. c. The board shall specify, by rule or regulation, minimum standards for any pharmacy practice site within this State. Pharmacy practice sites located in New Jersey shall be operated at all times under the immediate supervision of a pharmacist licensed to practice in this State. d. Permits issued by the board pursuant to this act shall not be transferable or assignable without the approval of the board. L.2003,c.280,s.31.

N.J. Stat. § 45:14-71 Licensure required for use of certain terms.

32. No person shall carry on, conduct or transact business under a name which contains as a part thereof the words "pharmacist," "pharmacy," "apothecary," "apothecary shop," "druggist," "drug" or any word or words of similar or like import, or in any manner by advertisement, circular, poster, sign or otherwise describe or refer to the place of business by the terms "pharmacy," "apothecary," "apothecary shop," "chemist's shop," "drug store," "drugs" or any word or words of similar or like import unless the place of business is a currently licensed pharmacy practice site operated or managed at all times by a pharmacist. L.2003,c.280,s.32.

N.J. Stat. § 45:14-72 Sale of non-prescription drugs, devices unaffected.

33. This act shall not prohibit, restrict or otherwise interfere with the sale of non-prescription drugs and devices at places other than a pharmacy practice site or by persons in this State who are not licensed pharmacists. L.2003,c.280,s.33.

N.J. Stat. § 45:14-73 Registration of out-of-State pharmacies; requirements.

34. Any pharmacy located in another state which ships, mails, distributes or delivers in any manner, legend drugs or devices pursuant to a prescription into this State, shall register with the board and provide the board with the following information: (1) The location, names and titles of all principal corporate officers of the pharmacy. A report containing this information shall be made on an annual basis and within 30 days after any change of office or corporate officer; and (2) That it complies with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is licensed as well as with all requests for information made by the board pursuant to this section. As a prerequisite to registering with the board, the pharmacy shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located. The annual registration fee shall be established by the board and shall not exceed $500 annually. Any pharmacy subject to this section shall, during its regular hours of operation, but not less than six days per week, and for a minimum of 40 hours per week, provide a toll-free telephone service to facilitate communication between patients in this State and a pharmacists at a pharmacy who has access to the patient's records. This toll-free number shall be disclosed on a label affixed to each container of drugs dispensed to patients in this State. L.2003,c.280,s.34.

N.J. Stat. § 45:14-74 Report of certain occurrences.

35. a. All licensed pharmacy practice sites shall report to the board the occurrences of any of the following: (1) Closing of the pharmacy practice site; (2) Change of ownership, location, interior site design, permit classification or pharmacist-in-charge of the pharmacy practice site; (3) Any significant theft or loss of legend drugs or devices; (4) Disasters, accidents, any theft, destruction or loss of records required to be maintained by State or federal law; (5) Any pharmacy malpractice liability insurance claim settlement, judgment or arbitration award in excess of $10,000 to which an owner, an employee of, or the pharmacy practice site itself is a party; and (6) Any and all other matters and occurrences as the board may require by rule or regulation. b. The manner, time and content of the notification shall be prescribed by rule or regulation by the board. L.2003,c.280,s.35.

N.J. Stat. § 45:14-75 Permit required for operation of pharmacy practice site.

36. a. No pharmacy practice site shall operate until it has been issued a permit by the board. b. The board may suspend, revoke, deny, restrict or refuse to renew the permit of any pharmacy practice site on any of the following grounds: (1) Findings by the board that any conduct of the permit holder or applicant is violative of any federal, State or local laws or regulations relating to the practice of pharmacy; (2) A conviction of the permit holder or applicant under federal, State or local laws for a crime of moral turpitude or a crime that relates adversely to the practice of pharmacy; (3) Materially false or fraudulent information contained within any application made to the board or in any application relating to drug or device prescribing, dispensing or administration; (4) Suspension or revocation by federal, State or local government of any license or permit relating to the practice of pharmacy currently or previously held by the applicant or permit holder; (5) Utilizing a permit to obtain remuneration by fraud, misrepresentation or deception; (6) Dealing with drugs or devices that are known or should have been known as stolen drugs or devices; (7) Purchasing or receiving of a drug or device by a permit holder or for use at a pharmacy practice site from a source that is not licensed under the laws of the State, except where otherwise provided; (8) Intensive and ongoing failure to provide additional personnel, automation and technology as is necessary to ensure that the licensed pharmacist on duty has sufficient time to utilize the professional's knowledge and training and to competently perform the functions of a licensed pharmacist as required by law; (9) Violation of any of the provisions of the "New Jersey Controlled Dangerous Substance Act," P.L.1970, c.226 (C.24:21-1 et seq.) by the applicant, permit holder or occurring at the pharmacy practice site; or (10) Violations of any of the provisions of P.L.1978, c.73 (C.45:1-14 et seq.) by the applicant, permit holder or occurring at the pharmacy practice site. c. Reinstatement of a permit that has been suspended or restricted by the board may be granted in accordance with the procedures specified by the board. L.2003,c.280,s.36.

N.J. Stat. § 45:14-76 Compliance with federal law, standards.

37. Pharmacists and pharmacies shall comply with the provisions of the federal Standards of Practice of Individually Identifiable Health Information, 45 C.F.R. Parts 160 and 164. L.2003,c.280,s.37.

N.J. Stat. § 45:14-77 Immunity from civil damages for reports of alleged misconduct.

38. A person who in good faith and without malice provides to the board any information concerning any act by a pharmacist licensed by the board which the person has reasonable cause to believe involves misconduct that may be subject to disciplinary action by the board, or any information relating to such conduct requested by the board in the exercise of its statutory responsibilities or which may be required by statute, shall not be liable for civil damages in any cause of action arising out of the provision of such information or services. L.2003,c.280,s.38.

N.J. Stat. § 45:14-78 Currently licensed pharmacists, practice sites.

39. a. Any person who is licensed in this State as a pharmacist on the effective date of this act may continue to practice under his current license until its expiration, and to obtain a license under this act without examination upon payment of a fee. b. Any site with a permit in this State as a pharmacy practice site on the effective date of this act may continue to operate under its current permit until its expiration. L.2003,c.280,s.39.

N.J. Stat. § 45:14-79 Prior regulations unaffected.

40. This act shall not affect the orders, rules and regulations regarding the practice of pharmacy made or promulgated by the board created pursuant to R.S.45:14-1 et seq. prior to the effective date of this act. L.2003,c.280,s.40.

N.J. Stat. § 45:14-80 Pharmacy technicians, conditions.

41. a. Pharmacy technicians may assist a licensed pharmacist in performing the following tasks: (1) Retrieval of prescription files, patient files and profiles and other records, as determined by the board, pertaining to the practice of pharmacy; (2) Data entry; (3) Label preparation; and (4) Counting, weighing, measuring, pouring and compounding of prescription medication or stock legend drugs and controlled substances, including the filling of an automated medication system. b. Pharmacy technicians may accept authorization from a patient for a prescription refill, or from a physician or the physician's agent for a prescription renewal, provided that the prescription remains unchanged. As used in this section, "prescription refill" means the dispensing of medications pursuant to a prescriber's authorization provided on the original prescription and "prescription renewal" means the dispensing of medications pursuant to a practitioner's authorization to fill an existing prescription that has no refills remaining. c. Pharmacy technicians shall not: (1) Receive new verbal prescriptions; (2) Interpret a prescription or medication order for therapeutic acceptability and appropriateness; (3) Verify dosage and directions; (4) Engage in prospective drug review; (5) Provide patient counseling; (6) Monitor prescription usage; (7) Override computer alerts without first notifying the pharmacist; (8) Transfer prescriptions from one pharmacy to another pharmacy; or (9) Violate patient confidentiality. d. Except as provided in subsection e. of this section, a pharmacist shall not supervise more than two pharmacy technicians. e. A pharmacy that wishes to employ a licensed pharmacist to pharmacy technician ratio greater than established in accordance with subsection d. of this section, shall: (1) Establish written job descriptions, task protocols and policies and procedures that pertain to the duties performed by the pharmacy technician; (2) Ensure and document that each pharmacy technician pass the National Pharmacy Technician Certification Examination or a board approved certification program and fulfill the requirements to maintain this status, or complete a program which includes a testing component and which has been approved by the board as satisfying the criteria as set forth in subsection f. of this section; (3) Ensure that each pharmacy technician is knowledgeable in the established job descriptions, task protocols and policies and procedures in the pharmacy setting in which the technician is to perform his duties; (4) Ensure that the duties assigned to any pharmacy technician do not exceed the established job descriptions, task protocols and policies and procedures; (5) Ensure that each pharmacy technician receives in-service training before the pharmacy technician assumes his responsibilities and maintain documentation thereof; (6) Require and maintain on site a signed patient confidentiality statement from each technician; (7) Provide immediate personal supervision; and (8) Provide the board, upon request, with a copy of the established job descriptions, task protocols and policies and procedures for all pharmacy technician duties. f. If the pharmacist to pharmacy technician ratio is greater than the ratio established in accordance with the provisions of subsection d. of this section, the pharmacy shall maintain a policy and procedure manual with regard to pharmacy technicians, which shall include the following: (1) Supervision by a pharmacist; (2) Confidentiality safeguards of patient information; (3) Minimum qualifications; (4) Documentation of in-service education or ongoing training and demonstration of competency, specific to practice site and job function; (5) General duties and responsibilities of pharmacy technicians; (6) Retrieval of prescription files, patient files, patient profile information and other records pertaining to the practice of pharmacy; (7) Functions related to prescription processing; (8) Functions related to prescription legend drug and controlled dangerous substance ordering and inventory control; (9) Prescription refill and renewal authorization; (10) Procedures dealing with documentation and records required for controlled dangerous substance and prescription legend drugs; (11) Procedures dealing with medication errors; (12) Pharmacy technician functions related to automated systems; (13) Functions that may not be performed by pharmacy technicians; and (14) A form signed by the pharmacy technician which verifies that the manual has been reviewed by the technician. g. The pharmacist in charge shall review the policy and procedure manual at least every two years and, if necessary, amend the manual as needed. Documentation of the review shall be made available to the board upon request. h. Pharmacy technicians shall wear an identification tag, which shall include at least their first name, the first initial of their last name and title. i. On pharmacy permit renewal applications, the pharmacy shall list the name and address of all pharmacy technicians which it currently employs. j. When pharmacy technicians are engaged in any activities permitted in accordance with the provisions of this section, the licensed pharmacists on site shall be responsible for these activities. L.2003,c.280,s.41.

N.J. Stat. § 45:14-81 "New Jersey Prescription Drug Retail Price Registry."

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. L.2006, c.84, s.1; amended 2021, c.155, s.1.

N.J. Stat. § 45:14-82 Annual list of 150 most frequently prescribed prescription drugs distributed to pharmacies; drug retail price list maintained by pharmacy.

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. L.2006,c.84,s.2; amended 2021, c.155, s.2.

N.J. Stat. § 45:14-82.1 Prescription drug pricing disclosure website.

1. a. As provided in subsection c. of this section, the Division of Consumer Affairs in the Department of Law and Public Safety shall develop a prescription drug pricing disclosure website in order to make prescription drug price information available to New Jersey practitioners. The website shall have a dedicated link that is prominently displayed on the division's home page. b. The website shall include, at a minimum, the following data elements, separated by therapeutic category: (1) name of the product; (2) whether the drug is brand name or generic; (3) drug strength; (4) per-unit wholesale acquisition cost of the drug, provided to the division by pharmaceutical manufacturing companies pursuant to section 2 of P.L.2019, c.404 (C.24:6N-1); and (5) any disclaimers deemed appropriate by the division that are not inconsistent with State or federal law or regulations . c. The division shall actively seek grant funds to implement the provisions of this section, and implementation shall be contingent upon the division obtaining sufficient grant funds for the development, operation, and continued maintenance of the prescription drug pricing disclosure website. The division shall have the authority to enter into a contract for the administration of the division's responsibilities pursuant to this section. The division shall establish the disclosure website no later than six months after it receives grant funds in an amount sufficient to develop and operate the website as provided in this subsection. d. Each State board and other entity that, under Title 45 of the Revised Statutes, regulates individuals with prescriptive authority in New Jersey shall advise the licensees of the board or entity at least once annually of the opportunity to access the prescription drug pricing disclosure website. L.2019, c.404, s.1.

N.J. Stat. § 45:14-82.2 Definitions.

1. As used in P.L.2023, c.106 (C.45:14-82.2 et seq.): "Biosimilar" means a drug that is produced or distributed pursuant to a biologics license application approved under 42 U.S.C. s.262(k)(3). "Brand-name drug" means a prescription drug approved under 21 USC s.355(b) or 42 USC s.262. "Carrier" means the same as that term is defined in section 2 of P.L.1997, c.192 (C.26:2S-2). "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. "Drug group" means a group of drugs defined by the division for the purpose of facilitating revenue and cost reporting by manufacturers, carriers, pharmacy benefits managers, and wholesalers under sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7). "Logistics provider" means an entity that receives a prescription drug product from the original or contract manufacturer, warehouses and delivers the prescription drug product at the direction of the manufacturer, and does not purchase, sell, trade, or take title to the prescription drug product. "Manufacturer" means a business registering under P.L.1961, c.52 (C.24:6B-1 et seq.) as a drug manufacturing business as defined in section 13 of P.L.1961, c.52 (C.24:6B-12). "Market introduction" means the month and year in which a manufacturer acquired or first marketed a drug for sale in New Jersey. "Medicare Part D specialty threshold" means the specialty tier cost threshold established by the Centers for Medicare and Medicaid Services. "New drug" means a prescription drug that has received initial approval under an original new drug application under 21 U.S.C. s.355(b), under an abbreviated new drug application under 21 U.S.C. s.355(j), or under a biologics license application under 42 U.S.C. s.262. In cases where multiple products are included on an application, each product shall be considered a new prescription drug. "Pharmacy benefits manager" means a corporation, business, or other entity, or unit within a corporation, business, or other entity that, pursuant to a contract or under an employment relationship with a carrier, a self-insurance plan or other third-party payer, either directly or through an intermediary, administers prescription drug benefits on behalf of a carrier, self-funded plan, or other third-party payer. "Pharmacy services administrative organization" means an entity operating within the State that contracts with independent pharmacies to conduct business on their behalf with third-party payers. "Pricing unit" means the smallest dispensable amount of a prescription drug that could be dispensed. "Reporting entity" means any manufacturer, carrier, pharmacy benefits manager, wholesaler, pharmacy services administrative organization, or any other entity required to report to the division under P.L.2023, c.106 (C.45:14-82.2 et seq.). "Wholesale acquisition cost (WAC)" means, with respect to a prescription drug, the manufacturer's list price for the drug to wholesalers or direct purchasers in New Jersey, as defined in 42 U.S.C. s.1395w-3a(c)(6)(B), excluding any discounts, rebates, or reductions in price, for the most recent month for which the information is available, as reported in wholesale price guides or other publications of prescription drug pricing. "Wholesaler" means a business registering under P.L.1961, c.52 (C.24:6B-1 et seq.) as a wholesale drug business as defined in section 13 of P.L.1961, c.52 (C.24:6B-12). "Wholesaler" shall not include a common carrier, or an employee thereof, whose possession of a prescription drug product is in the usual course of the common carrier's or employee's business or employment, and shall not include a logistics provider or an employee thereof. L.2023, c.106, s.1.

N.J. Stat. § 45:14-82.3 Manufacturer, notify, increase, wholesale acquisition cost; parameters.

2. a. A manufacturer shall notify the division if it is increasing the WAC of a brand-name drug by more than 10 percent per pricing unit during any 12-month period, or if it is increasing the WAC of a generic drug priced at greater than $10 but less than $100 per pricing unit by more than 40 percent during any 12-month period, or if it is increasing the WAC of a generic drug priced at $100 or more per pricing unit by more than 10 percent during any 12-month period. The notice shall be provided in writing within 10 days following the effective date of the increase and the division shall notify consumers of the increase on its Internet website. b. A manufacturer shall notify the division if it introduces: (1) a new drug in the State that has a WAC that exceeds the Medicare Part D specialty threshold; or (2) a biosimilar in the State that has a WAC that is not at least 15 percent less than the WAC of the referenced brand biologic at the time the biosimilar is launched. The notice shall be provided in writing within 10 days following market introduction and the division shall notify consumers of the price on its Internet website. c. A manufacturer that notifies the division pursuant to subsection a. of this section shall report to the division the following minimum data, and any other data that may be specified by the division, within 20 days following the price increase: (1) the national drug code, proprietary drug name, non-proprietary drug name, and pricing unit of the brand-name drug or generic drug, as applicable; (2) sales volume in the State in the previous calendar year and projected sales volume in the State for the current calendar year for the drug or drug group as specified by the division; (3) the wholesale price and related information for the drug or drug group as specified by the division, which may include but shall not be limited to the year of market introduction, WAC at market introduction, WAC in the previous calendar year, and current WAC; (4) revenue from the sale of the drug or drug group in the State in the previous calendar year and projected revenue from the sale of the drug or drug group in the current calendar year, expressed in U.S. dollars per pricing unit; (5) manufacturer cost associated with sales of the drug or drug group in the State as specified by the division in the previous calendar year and projected for the current calendar year; (6) current calendar-year projections or incurred cost year to date, as the division may indicate, related directly or allocated specifically to sales of this drug or drug group in the State; and (7) the reason or reasons that the manufacturer increased the WAC of the drug or drug group compared with last year. d. A manufacturer that notifies the division pursuant to subsection b. of this section shall report to division the following minimum data, and any other data that may be specified by the division, within 20 days following the date of market introduction: (1) the national drug code, proprietary drug name, non-proprietary drug name, and pricing unit of the new drug; (2) projected patient volume in the current year for the drug and drug group in the State; (3) projected revenue for the drug and drug group in the current year in the State; and (4) WAC at market introduction. e. If a manufacturer certifies to the division that it does not have access to the State-specific data required to be reported pursuant to this section and has no way of obtaining the data, the division may permit the manufacturer to report the data on a national level upon proof satisfactory to the division that State-specific data is unavailable to the manufacturer. In the event State-specific data is unavailable to the manufacturer, the division shall attempt to obtain the data from other reporting entities subject to the provisions of P.L.2023, c.106 (C.45:14-82.2 et seq.) for any drug or drug group reported on by a manufacturer pursuant to subsections a. and b. of this section. f. Disclosure of all information reported under this section shall be subject to protections defined in section 9 of P.L.2023, c.106 (C.45:14-82.10). L.2023, c.106, s.2.

N.J. Stat. § 45:14-82.4 Pharmacy benefits manager, drug pricing, report, minimum data.

3. a. A pharmacy benefits manager shall, to the extent allowed by law, report to the division the following minimum data, and other data that may be specified by the division. The division shall annually notify pharmacy benefits managers of the specific drugs or drug groups for which reporting is required and a pharmacy benefits manager shall have 60 days following such notification to report to the division the following: (1) minimum and maximum WAC for each indicated drug and drug group for which the pharmacy benefits manager has negotiated directly with the manufacturer in the last calendar year, related to prescriptions under an insurance policy issued in the State; (2) volume in pricing units of each indicated drug and drug group that the pharmacy benefits manager negotiated directly with the manufacturer in the last calendar year, for business in the State, in total and for each payer type as relevant; (3) total rebates, discounts, and price concessions received or negotiated directly with the manufacturer for each drug and drug group as indicated by the division in the last calendar year, for business in the State, in total and for each payer type as relevant; (4) total discounts, dispensing fees, and other fees negotiated last year with pharmacies, prescription drug networks, or pharmacy services administrative organizations for each drug and drug group as indicated by the division in the last calendar year, for business in the State, in total and for each payer type as relevant; and (5) total net income received in the last calendar year for each drug and drug group as indicated by the division, for business in the State, in total and for each payer type as relevant. b. Disclosure of all information reported under this section shall be subject to protections defined in section 9 of P.L.2023, c.106 (C.45:14-82.10). L.2023, c.106, s.3.

N.J. Stat. § 45:14-82.5 Wholesaler, drug pricing, report, minimum data.

4. a. A wholesaler shall report to the division the following minimum data, and other data that may be specified by the division. The division shall annually notify wholesalers of the specific drugs or drug groups for which reporting is required and a wholesaler shall have 60 days following such notification to report to the division the following: (1) minimum and maximum WAC for each indicated drug and drug group for which the wholesaler has negotiated directly with the manufacturer in the last calendar year, related to prescriptions under an insurance policy issued in the State; (2) volume in pricing units of each indicated drug and drug group that the wholesaler negotiated directly with the manufacturer in the last calendar year, for business in the State, in total and for each payer type as relevant; (3) total rebates, discounts, and price concessions negotiated directly with the manufacturer for each drug and drug group as indicated by the division in the last calendar year, for business in the State, in total and for each payer type as relevant; (4) total discounts, dispensing fees, and other fees negotiated last year with pharmacies, prescription drug networks, or pharmacy services administrative organizations for each drug and drug group as indicated by the division in the last calendar year, for business in the State, in total and for each payer type as relevant; and (5) total net income received in the last calendar year for each drug and drug group as indicated by the division, for business in the State, in total and for each payer type as relevant. b. Disclosure of all information reported under this section shall be subject to protections defined in section 9 of P.L.2023, c.106 (C.45:14-82.10). L.2023, c.106, s.4.

N.J. Stat. § 45:14-82.6 Carrier, reporting entity, drug pricing, report, minimum data.

5. a. A carrier designated by the division as a reporting entity shall report annually to the division, to the extent allowed by law, the spending on prescription drugs before enrollee cost sharing and enrollee cost sharing, in total and per prescription drug user, in total and for each of the top 25 prescription drugs and drug groups as defined by the division in the following categories: (1) the greatest total spending before enrollee cost sharing in the last calendar year; (2) the greatest total spending per user of any drug in the drug group before enrollee cost sharing in the last calendar year; (3) the highest year-over-year increase in total spending before enrollee cost sharing; (4) the highest year-over-year increase in total spending per user of any drug in the drug group before enrollee cost sharing; (5) total enrollee cost sharing in the last calendar year; and (6) the highest year-over-year increase in enrollee cost sharing per user of any drug in the drug group. b. For each drug and drug group as defined by the division, the carrier shall report to the division the following minimum data, and other data that may be specified by the division, within 60 days of the close of each calendar year: (1) total issuer spending before enrollee cost sharing in the last calendar year; (2) margins and fees for each drug listed in subsection a. of this section paid directly to pharmacy benefits managers or pharmacy services administrative organizations in the last calendar year; and (3) other retail discounts, price concessions, and fees for each drug listed in subsection a. of this section paid in the last calendar year. L.2023, c.106, s.5.

N.J. Stat. § 45:14-82.7 Pharmacy services administrative organization, drug pricing, report, extent allowed.

6. a. A pharmacy services administrative organization shall, to the extent allowed by law, report annually to the division: (1) the negotiated reimbursement rate that the pharmacy services administrative organization is to pay pharmacies for brand, generic, and specialty drugs for each pharmacy benefits manager pharmacy network; (2) the negotiated reimbursement rate that the pharmacy benefits manager is to pay the pharmacy services administrative organization for brand, generic, and specialty drugs for each pharmacy benefits manager's pharmacy network; and (3) the schedule of fees charged by the organization to pharmacies. b. Disclosure of all information reported under this section shall be subject to protections defined in section 9 of P.L.2023, c.106 (C.45:14-82.10). L.2023, c.106, s.6.

N.J. Stat. § 45:14-82.8 Reporting entity, certify, required; failure, penalties; corrective action plan.

7. a. The reporting entity shall certify required reporting under sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7) as accurate under the penalty of perjury. b. Failure of a reporting entity to comply with any section of P.L.2023, c.106 (C.45:14-82.2 et seq.) may result in a civil penalty as determined by the Director of the Division of Consumer Affairs. Civil penalties under P.L.2023, c.106 (C.45:14-82.2 et seq.) may be imposed in the amount of $10,000 for the first day that the reporting entity is found to have violated any section of P.L.2023, c.106 (C.45:14-82.2 et seq.), and for subsequent days of non-compliance, an amount starting at $11,000 and increasing by $1,000 for each additional day of non-compliance, not to exceed $100,000 per day. c. The division may audit the data submitted to the division by a reporting entity pursuant to sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7), in a form and manner specified by the division. The reporting entity shall pay all costs associated with the audit. d. The division may require a reporting entity to submit a corrective action plan, in a form and manner specified by the division, to correct deficiencies in reporting pursuant to sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7). e. In addition to the annual public hearing required under subsection a. of section 9 of P.L.2023, c.106 (C.45:14-82.10), the division may call one or more additional public hearings and may subpoena any reporting entity pursuant to sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7). L.2023, c.106, s.7.

N.J. Stat. § 45:14-82.9 Reporting entity, register, Division of Consumer Affairs, deadline, exceptions; Director, certify actual, prospective costs, Division; requests, payment, final assessments.

8. a. Each reporting entity shall register with the division in a form and manner specified by the division no later than January 31 of each calendar year. b. (1) With exception to pharmacy services administrative organizations, each reporting entity shall pay an annual assessment set by the division to support the operational costs of the division's activities as required by P.L.2023, c.106 (C.45:14-82.2 et seq.), including funding necessary to support the Drug Affordability Council. Operational costs shall include staff salaries, administrative expenses, data system expenses, and consulting fees of the division to effectuate the provisions of P.L.2023, c.106 (C.45:14-82.2 et seq.). The Director of the Division of Consumer Affairs shall certify actual and prospective costs of the division's activities under P.L.2023, c.106 (C.45:14-82.2 et seq.), which costs shall be the basis for the establishment of the annual assessment. The division shall not vary the amount of annual assessment based on whether a reporting entity is a carrier, pharmacy benefits manager, wholesaler, manufacturer, or other entity. If the total amount of the assessment that the division collects in a calendar year exceeds the operational costs certified by the division pursuant to this subsection, the division shall issue a notice of such surplus and remit the surplus funds in a timely, fair, and equitable manner across all reporting entities that paid the assessment. Penalties collected pursuant to section 7 of P.L.2023, c.106 (C.45:14-82.8) shall not be refunded pursuant to this subsection. (2) A pharmacy services administrative organization shall be subject to an annual assessment, to be determined by the Director of the Division of Consumer Affairs, which is separate from the annual assessment required pursuant to paragraph (1) of this subsection. (3) Requests for payment of the final assessments shall be sent by the division to all reporting entities under P.L.2023, c.106 (C.45:14-82.2 et seq.). The division shall allow reporting entities to make partial payments when paying the assessment required under this subsection, with the final payment, as well as any amounts remaining uncollected from the assessment of the previous fiscal year, to be made no later than December 31 of a given reporting year. L.2023, c.106, s.8.

N.J. Stat. § 45:14-82.10 Division, prepare, make available, website, report, emerging trends, prescription drug prices; annual public hearing, report findings; confidential information, protect, public disclosure; submit complaints.

9. a. The division shall annually prepare and make available on its website a report on emerging trends in prescription drug prices, and conduct an annual public hearing based on the report findings. The report shall include, but may not be limited to, analysis of manufacturer prices and price increases as reported under P.L.2023, c.106 (C.45:14-82.2 et seq.), and analysis of information as reported by carriers, pharmacy benefits managers, and wholesalers under P.L.2023, c.106 (C.45:14-82.2 et seq.), so as to make clear the major components of prescription drug pricing along the supply chain, and the impacts on insurance premiums and consumer cost sharing. The data in the report shall not include any information that the division determines to be confidential pursuant to this section. b. (1) Except as provided in subsection a. of this section, the division shall keep confidential all information submitted by an individual reporting entity, and protect it from public disclosure. The division shall share such information with the Drug Affordability Council and the Department of Banking and Insurance which shall keep confidential any information shared by the division under P.L.2023, c.106 (C.45:14-82.2 et seq.) and protect it from public disclosure. Information that is otherwise publicly available shall not be deemed confidential solely because it was submitted to the division pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.). The confidentiality protections of this section shall be imposed on any downstream third party that may receive or otherwise have access to this information. (2) A person who is authorized to access information submitted by an individual reporting entity to the division who willfully discloses such information to any person or entity who is not authorized to access the information shall be subject to a civil penalty in an amount not to exceed $2,500. A civil penalty imposed under this subsection shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). c. Any records, documents, or data provided pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.) shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government records. d. The division shall make available on its Internet website a method for consumers to submit a complaint to the division regarding the failure of a reporting entity to provide to the division any information required by sections 2 through 6 of P.L.2023, c.106 (C.45:14-82.3 through 45:14-82.7). L.2023, c.106, s.9.

N.J. Stat. § 45:14-82.11 Drug Affordability Council, established; membership, purpose, duties.

10. a. The Drug Affordability Council is established in, but not of, the Department of Law and Public Safety. The purpose of the council is to formulate legislative and regulatory policy recommendations that will protect New Jersey residents, State and local governments, health benefits plans, health care providers, licensed pharmacies, and other stakeholders within the State health care system from the high costs of prescription drug products. b. The council shall be comprised of five public members and three alternate public members, who shall participate in council deliberations in any case in which a public member is recused or if there is a vacancy on the council. Public members and alternative public members shall be appointed within 180 days following the effective date of P.L.2023, c.106 (C.45:14-82.2 et seq.). (1) (a) The five public members of the council shall be appointed as follows: three members shall be appointed by the Governor; one member shall be appointed by the Governor upon recommendation of the President of the Senate; and one member shall be appointed by the Governor upon recommendation of the Speaker of the General Assembly. (b) The three alternate members of the Council shall be appointed as follows: one member shall be appointed by the Governor; one member shall be appointed by the Governor upon recommendation of the President of the Senate; and one member shall be appointed by the Governor upon recommendation of the Speaker of the General Assembly. (2) Each public member of the council shall have expertise in health care economics, health care policy, or clinical medicine. The membership of the council shall collectively have knowledge of: (a) the pharmaceutical business model; (b) supply chain business models; (c) the practice of medicine and clinical training; (d) consumer and patient perspectives; (e) health care cost trends and drivers; (f) clinical and health services research; and (g) the State's health care marketplace. (3) No public member of the council may be an employee or board member of, or a consultant to, a manufacturer, pharmacy benefits manager, pharmacy services administrative organization, pharmacy, pharmacist, health benefits plan carrier, or wholesale distributor or related trade association. (4) An individual appointed to the council as a public member shall disclose, at the time of appointment, any conflict of interest, including whether the individual has an association, including a financial or personal association, that has the potential to bias or has the appearance of biasing the individual's decision in matters related to the council or the conduct of the council's activities. (5) To the extent practicable and consistent with State and federal law, the membership of the council shall reflect the racial, ethnic, and gender diversity of the State. (6) The council shall appoint a chair from among its members. c. Public members and alternative members of the council shall serve for a term of five years, except that, of the public members first appointed, one shall serve a term of three years, two shall serve a term of four years, and two shall serve a term of five years. Public members and alternative members shall be eligible for reappointment to the council. Vacancies in the membership shall be filled in the same manner as provided for the original appointment, and members shall serve until a successor has been appointed. d. (1) The council shall meet in open session, except the council shall meet in closed session to discuss any information confidential pursuant to section 9 of P.L.2023, c.106 (C.45:14-82.10). The chair shall have the authority to postpone or cancel any required meeting. All meetings of the council shall be subject to the requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). Three members shall constitute a quorum for the purposes of conducting official council business. The division shall post on its Internet website information concerning public meetings of the council and reports issued by the council. Posts on the division's Internet website shall be subject to the confidentiality requirements set forth in section 9 of P.L.2023, c.106 (C.45:14-82.10) and subsection h. of this section. (2) The council shall provide an opportunity for public comment at each open meeting of the council. (3) The council shall provide the public with the opportunity to provide written comments. (4) The council may allow expert testimony at council meetings. e. Public members of the council shall not accept any gift or donation of services or property that indicates a potential conflict of interest or has the appearance of biasing the work of the council. f. The council may call to its assistance and avail itself of the services of employees of the division as may be required and made available for the purposes of this section. Members of the council shall serve without compensation but may be reimbursed for expenses reasonably incurred in the performance of their official duties. The council may call to its assistance and avail itself of the services of any State, county, or municipal department, board, commission, or agency, as it may require, and as may be available to it for its purposes. The council may consult with any government entity, association, organization, or individual having knowledge or experience relevant to its work. g. The council shall be constituted and hold its first meeting within 30 days following appointment of all public members and alternative public members pursuant to subsection b. of this section. h. In addition to reviewing the reports issued and data collected by the division pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.), the council may collect and review any available information regarding prescription drug product manufacturers, health benefits plan carriers, wholesale distributors, pharmacy benefits managers, and pharmacy services administrative organizations, and any other transparency data for prescription drug products which the council may access and may find useful for its work. Information obtained by the council shall be made public, excluding identifying information about a patient or information that is a trade secret; provided, however, information obtained by the council from the division that was provided by reporting entities pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.) shall be deemed confidential in accordance with section 9 of P.L.2023, c.106 (C.45:14-82.10), except that information that is otherwise publicly available shall not be deemed confidential solely because it was submitted to the division pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.). The council shall impose the confidentiality protections of this subsection on any downstream third party that may receive or otherwise have access to this information. i. The council shall review the reports issued and data collected by the division pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.) and the information gathered under subsection h. of this section, and following such review, submit annually recommendations for legislative, regulatory or other action to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature that seek to advance the goal of more affordable and accessible prescription drugs for New Jersey residents, including recommendations designed to lower the cost of prescription drug products that the council determines have led or will lead to an affordability challenge for the State health care system and for New Jersey patients and recommendations concerning the types of data to be reported pursuant to P.L.2023, c.106 (C.45:14-82.2 et seq.). In developing and providing recommendations, the council shall consider and address in its reports the impact that any recommendation could have on research and development, access to care, or any other direct or indirect economic or social costs that the council deems relevant. Reports issued by the council shall be subject to the confidentiality requirements set forth in section 9 of P.L.2023, c.106 (C.45:14-82.10) and subsection h. of this section. L.2023, c.106, s.10.

N.J. Stat. § 45:14-82.12 Severability.

11. If any provision of this act, P.L.2023, c.106 (C.45:14-82.2 et seq.) or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. L.2023, c.106, s.11.

N.J. Stat. § 45:14-82.13 Rules, regulations.

12. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Director of the Division of Consumer Affairs may adopt, immediately upon filing with the Office of Administrative Law, regulations that the director deems necessary to implement the provisions of P.L.2023, c.106 (C.45:14-82.2 et seq.), which regulations shall be effective for a period not to exceed 545 days from the date of the filing. The director shall thereafter amend, adopt, or readopt the regulations in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.). L.2023, c.106, s.12.

N.J. Stat. § 45:14-83 Definitions.

1. As used in this act: "Board" means the New Jersey State Board of Pharmacy established pursuant to P.L.2003, c.280 (C.45:14-40 et seq.) "Non-prescription diabetes test device" means a glucose meter or test strip for use in the treatment of prediabetic or diabetic individuals that may be sold without a prescription and that is labeled for use by the consumer in accordance with applicable State and federal law. L.2019, c.388, s.1.

N.J. Stat. § 45:14-84 Authorized distributors.

2. a. A manufacturer of a non-prescription diabetes test device that is distributed within New Jersey shall make the names of its authorized distributors available on its Internet Web site. A manufacturer of a non-prescription diabetes test device shall, within 30 days of making a change to its authorized distributors, update its Internet Web site to reflect any changes to its authorized distributors. b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any retail mercantile establishment to sell or offer to sell to a consumer in New Jersey a non-prescription diabetes test device that was not acquired directly from the manufacturer or from one of the manufacturer's authorized distributors, unless the device is plainly marked by a stamp, tag, label or sign that is either affixed to the device or located at the point of sale disclosing that the device was not acquired directly from the manufacturer or from an authorized distributor of the manufacturer. c. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any retail mercantile establishment to sell or offer to sell to a consumer in New Jersey a non-prescription diabetes test device that was previously sold and repackaged, unless the device is plainly marked by a stamp, tag, label or sign that is either affixed to the device or located at the point of sale disclosing that the device was previously sold and re-packaged. d. For the purposes of this section, a "retail mercantile establishment" means any place of business where merchandise is exposed or offered for sale at retail to members of the public. This term shall include entities that use the Internet or other electronic means to expose or offer merchandise for sale at retail to consumers in New Jersey. L.2019, c.388, s.2.

N.J. Stat. § 45:14-85 Additional responsibilities of board.

3. In addition to the responsibilities given to the board pursuant to the "New Jersey Pharmacy Practice Act," P.L.2003, c.280 (C.45:14-40 et seq.), the board shall require that a pharmacy that dispenses non-prescription diabetes test devices pursuant to prescriptions shall retain records of its acquisition, inventory, and sale of those non-prescription diabetes test devices. The records shall be maintained in a manner prescribed by the board by regulation, and shall be retained for a period of not less than three years. The board shall have authority to inspect records at all reasonable hours. L.2019, c.388, s.3.

N.J. Stat. § 45:14-86 Disciplinary action.

4. A pharmacist who sells, offers for sale, or otherwise dispenses to the public a non-prescription diabetes test device that the pharmacist knows or reasonably should have known was not acquired by the pharmacy either directly from the manufacturer or from one of the manufacturer's authorized distributors shall be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21). L.2019, c.388, s.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026