New Jersey § 45:1-46

§ 45:1-46.

a. (1) Except as provided in subsection b. of this section, a practitioner or other

person who is authorized by a practitioner to access prescription monitoring information

pursuant to subsection h. of section 26 of P.L.2007, c. 244 ( C.45:1-46 ) shall access prescription monitoring information: (a) the first time the practitioner or other person prescribes a Schedule II controlled

dangerous substance or any opioid to a new patient for acute or chronic pain; (b) the first time a practitioner or other person prescribes a benzodiazepine drug

that is a Schedule III or Schedule IV controlled dangerous substance; (c) if the practitioner or other person has a reasonable belief that the person may

be seeking a controlled dangerous substance, in whole or in part, for any purpose

other than the treatment of an existing medical condition, such as for purposes of

misuse, abuse, or diversion, the first time the practitioner or other person prescribes

a non-opioid drug other than a benzodiazepine drug that is a Schedule III or IV controlled

dangerous substance; and (d) on or after the date that the division first makes prescription monitoring information

available on an electronic system that collects and displays health information, pursuant

to subsection q. of section 26 of P.L.2007, c. 244 ( C.45:1-46 ), any time the practitioner or other person prescribes a Schedule II controlled dangerous

substance for acute or chronic pain to a patient receiving care or treatment in the

emergency department of a general hospital. In addition, in any case in which a prescription is issued to a new patient, either

on or after the effective date of P.L.2017, c. 341 ( C.45:16-9.4c et al.), for a Schedule II controlled dangerous substance or opioid drug that has

been prescribed for acute or chronic pain, or for a benzodiazepine drug that is a

Schedule III or IV controlled dangerous substance, the practitioner or other authorized

person shall access prescription monitoring information on a quarterly basis during

the period of time the patient continues to receive such prescription. (2)(a) A pharmacist shall not dispense a Schedule II controlled dangerous substance,

any opioid, or a benzodiazepine drug that is a Schedule III or IV controlled dangerous

substance to any person without first accessing the prescription monitoring information,

as authorized pursuant to subsection h. of section 26 of P.L.2007, c. 244 ( C.45:1-46 ), to determine if the person has received other prescriptions that indicate misuse,

abuse, or diversion, if the pharmacist has a reasonable belief that the person may

be seeking a controlled dangerous substance, in whole or in part, for any purpose

other than the treatment of an existing medical condition, such as for purposes of

misuse, abuse, or diversion. (b) A pharmacist shall not dispense a prescription to a person other than the patient

for whom the prescription is intended, unless the person picking up the prescription

provides personal identification to the pharmacist, and the pharmacist, as required

by subsection b. of section 25 of P.L.2007, c. 244 ( C.45:1-45 ), inputs that identifying information into the Prescription Monitoring Program if

the pharmacist has a reasonable belief that the person may be seeking a controlled

dangerous substance, in whole or in part, for any reason other than delivering the

substance to the patient for the treatment of an existing medical condition. The provisions of this subparagraph shall not take effect until the director determines

that the Prescription Monitoring Program has the technical capacity to accept such

information. b. The provisions of subsection a. of this section shall not apply to: (1) a veterinarian; (2) a practitioner or the practitioner's agent administering methadone, or another

controlled dangerous substance designated by the director as appropriate for treatment

of a patient with a substance use disorder, as interim treatment for a patient on a waiting list for admission to an

authorized substance use disorder treatment program; (3) a practitioner administering a controlled dangerous substance directly to a patient; (4) a practitioner prescribing a controlled dangerous substance to be dispensed by

an institutional pharmacy, as defined in N.J.A.C.13:39-9.2 ; (5) a practitioner prescribing a controlled dangerous substance in the emergency department

of a general hospital, provided that the quantity prescribed does not exceed a five-day

supply of the substance; however, the exemption provided by this paragraph shall have

no force or effect on or after the date on which the division first makes prescription

monitoring information available on an electronic system that collects and displays

health information, pursuant to subsection q. of section 26 of P.L.2007, c. 244 ( C.45:1-46 ); (6) a practitioner prescribing a controlled dangerous substance to a patient under

the care of a hospice; (7) a situation in which it is not reasonably possible for the practitioner or pharmacist

to access the Prescription Monitoring Program in a timely manner, no other individual

authorized to access the Prescription Monitoring Program is reasonably available,

and the quantity of controlled dangerous substance prescribed or dispensed does not

exceed a five-day supply of the substance; (8) a practitioner or pharmacist acting in compliance with regulations promulgated

by the director as to circumstances under which consultation of the Prescription Monitoring

Program would result in a patient's inability to obtain a prescription in a timely

manner, thereby adversely impacting the medical condition of the patient; (9) a situation in which the Prescription Monitoring Program is not operational as

determined by the division or where it cannot be accessed by the practitioner due

to a temporary technological or electrical failure, as set forth in regulation; (10) a practitioner or pharmacist who has been granted a waiver due to technological

limitations that are not reasonably within the control of the practitioner or pharmacist,

or other exceptional circumstances demonstrated by the practitioner or pharmacist,

pursuant to a process established in regulation, and in the discretion of the director;

or (11) a practitioner who is prescribing a controlled dangerous substance to a patient

immediately after the patient has undergone an operation in a general hospital or

a licensed ambulatory care facility or treatment for acute trauma in a general hospital

or a licensed ambulatory care facility, so long as that operation or treatment was

not part of care or treatment in the emergency department of a general hospital as

provided in subsection a. of this section, when no more than a five-day supply is

prescribed.