New Jersey § 24:21-15

§ 24:21-15.

a. A practitioner shall not issue an initial prescription for an opioid drug which

is a prescription drug as defined in section 2 of P.L.2003, c. 280 ( C.45:14-41 ) in a quantity exceeding a five-day supply for treatment of acute pain. Any prescription for acute pain pursuant to this subsection shall be for the lowest

effective dose of immediate-release opioid drug. b. Prior to issuing an initial prescription of a Schedule II controlled dangerous

substance or any opioid drug which is a prescription drug as defined in section 2 of P.L.2003, c. 280 ( C.45:14-41 ) in a course of treatment for acute or chronic pain, a practitioner shall: (1) take and document the results of a thorough medical history, including the patient's

experience with non-opioid medication and non-pharmacological pain management approaches

and substance use disorder history; (2) conduct, as appropriate, and document the results of a physical examination; (3) develop a treatment plan, with particular attention focused on determining the

cause of the patient's pain; (4) access relevant prescription monitoring information under the Prescription Monitoring

Program pursuant to section 8 of P.L.2015, c. 74 ( C. 45:1-46.1 ); and (5) limit the supply of any opioid drug prescribed for acute pain to a duration of

no more than five days as determined by the directed dosage and frequency of dosage. c. No less than four days after issuing the initial prescription pursuant to subsection

a. of this subsection, the practitioner, after consultation with the patient, may

issue a subsequent prescription for the drug to the patient in any quantity that complies

with applicable State and federal laws, provided that: (1) the subsequent prescription would not be deemed an initial prescription under

this section; (2) the practitioner determines the prescription is necessary and appropriate to

the patient's treatment needs and documents the rationale for the issuance of the

subsequent prescription; and (3) the practitioner determines that issuance of the subsequent prescription does

not present an undue risk of abuse, addiction, or diversion and documents that determination. d. Prior to issuing the initial prescription of a Schedule II controlled dangerous

substance or any opioid drug which is a prescription drug as defined in section 2 of P.L.2003, c. 280 ( C.45:14-41 ) in a course of treatment for acute pain and prior to issuing a prescription at the

outset of a course of treatment for chronic pain, a practitioner shall discuss with

the patient, or the patient's parent or guardian if the patient is under 18 years

of age and is not an emancipated minor, the risks associated with the drugs being

prescribed, including but not limited to: (1) the risks of addiction and overdose associated with opioid drugs and the dangers

of taking opioid drugs with alcohol, benzodiazepines and other central nervous system

depressants; (2) the reasons why the prescription is necessary; (3) alternative treatments that may be available; and (4) risks associated with the use of the drugs being prescribed, specifically that

opioids are highly addictive, even when taken as prescribed, that there is a risk

of developing a physical or psychological dependence on the controlled dangerous substance,

and that the risks of taking more opioids than prescribed, or mixing sedatives, benzodiazepines

or alcohol with opioids, can result in fatal respiratory depression. The practitioner shall include a note in the patient's medical record that the patient

or the patient's parent or guardian, as applicable, has discussed with the practitioner

the risks of developing a physical or psychological dependence on the controlled dangerous

substance and alternative treatments that may be available. The Division of Consumer Affairs shall develop and make available to practitioners

guidelines for the discussion required pursuant to this subsection. e. Prior to the commencement of an ongoing course of treatment for chronic pain with

a Schedule II controlled dangerous substance or any opioid, the practitioner shall

enter into a pain management agreement with the patient. f. When a Schedule II controlled dangerous substance or any prescription opioid drug is continuously prescribed for three months or more for

chronic pain, the practitioner shall: (1) review, at a minimum of every three months, the course of treatment, any new

information about the etiology of the pain, and the patient's progress toward treatment

objectives and document the results of that review; (2) assess the patient prior to every renewal to determine whether the patient is

experiencing problems associated with physical and psychological dependence and document

the results of that assessment; (3) periodically make reasonable efforts, unless clinically contraindicated, to either

stop the use of the controlled substance, decrease the dosage, try other drugs or

treatment modalities in an effort to reduce the potential for abuse or the development

of physical or psychological dependence and document with specificity the efforts

undertaken; (4) review the Prescription Drug Monitoring information in accordance with section

8 of P.L.2015, c. 74 ( C.45:1-46.1 ); and (5) monitor compliance with the pain management agreement and any recommendations

that the patient seek a referral. g. As used in this section: “ Acute pain ” means pain, whether resulting from disease, accidental or intentional trauma, or

other cause, that the practitioner reasonably expects to last only a short period

of time. “Acute pain” does not include chronic pain, pain being treated as part of cancer care,

hospice or other end of life care, or pain being treated as part of palliative care. “ Chronic pain ” means pain that persists or recurs for more than three months. “ Initial prescription ” means a prescription issued to a patient who: (1) has never previously been issued a prescription for the drug or its pharmaceutical

equivalent; or (2) was previously issued a prescription for, or used or was administered the drug

or its pharmaceutical equivalent, but the date on which the current prescription is

being issued is more than one year after the date the patient last used or was administered

the drug or its equivalent. When determining whether a patient was previously issued a prescription for, or used

or was administered a drug or its pharmaceutical equivalent, the practitioner shall

consult with the patient and review the patient's medical record and prescription

monitoring information. “ 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 (FDA) for the treatment

of an opioid overdose. “Opioid antidote” includes, but is not limited to, naloxone hydrochloride, in any

dosage amount, which is administered through nasal spray or any other FDA-approved

means or methods. “ Pain management agreement ” means a written contract or agreement that is executed between a practitioner and

a patient, prior to the commencement of treatment for chronic pain using a Schedule

II controlled dangerous substance or any opioid drug which is a prescription drug as defined in section 2 of P.L.2003, c. 280 ( C.45:14-41 ), as a means to: (1) prevent the possible development of physical or psychological dependence in the

patient; (2) document the understanding of both the practitioner and the patient regarding

the patient's pain management plan; (3) establish the patient's rights in association with treatment, and the patient's

obligations in relation to the responsible use, discontinuation of use, and storage

of Schedule II controlled dangerous substances, including any restrictions on the

refill of prescriptions or the acceptance of Schedule II prescriptions from practitioners; (4) identify the specific medications and other modes of treatment, including physical

therapy or exercise, relaxation, or psychological counseling, that are included as

a part of the pain management plan; (5) specify the measures the practitioner may employ to monitor the patient's compliance,

including but not limited to random specimen screens and pill counts; and (6) delineate the process for terminating the agreement, including the consequences

if the practitioner has reason to believe that the patient is not complying with the

terms of the agreement. “ Practitioner ” means a medical doctor, doctor of osteopathy, dentist, optometrist, podiatrist,

physician assistant, certified nurse midwife, or advanced practice nurse, acting within

the scope of practice of their professional license pursuant to Title 45 of the Revised

Statutes. h. This section shall not apply to a prescription for a patient who is currently in

active treatment for cancer, receiving hospice care from a licensed hospice or palliative

care, or is a resident of a long term care facility, or to any medications that are

being prescribed for use in the treatment of substance use disorder . i. Every policy, contract or plan delivered, issued, executed or renewed in this State,

or approved for issuance or renewal in this State by the Commissioner of Banking and

Insurance, and every contract purchased by the School Employees' Health Benefits Commission

or State Health Benefits Commission, on or after the effective date of this act, that

provides coverage for prescription drugs subject to a co-payment, coinsurance or deductible

shall charge a co-payment, coinsurance or deductible for an initial prescription of

an opioid drug prescribed pursuant to this section that is either: (1) proportional between the cost sharing for a 30-day supply and the amount of drugs

the patient was prescribed; or (2) equivalent to the cost sharing for a full 30-day supply of the opioid drug, provided

that no additional cost sharing may be charged for any additional prescriptions for

the remainder of the 30-day supply. j. (1) Subject to paragraph (2) of this subsection, if a health care practitioner

issues a prescription for an opioid drug which is a controlled dangerous substance

to a patient, the prescriber shall additionally issue the patient a prescription for

an opioid antidote if any of the following conditions is present: (a) the patient has a history of substance use disorder; (b) the prescription for the opioid drug is for a daily dose of more than 90 morphine

milligram equivalents; or (c) the patient holds a current, valid prescription for a benzodiazepine drug that

is a Schedule III or Schedule IV controlled dangerous substance. (2) A practitioner shall not be required to issue more than one prescription for an

opioid antidote to a patient under paragraph (1) of this subsection per year. (3) Nothing in paragraph (2) of this subsection shall be construed to prohibit a practitioner

from issuing additional prescriptions for an opioid antidote to a patient upon the

patient's request or when the practitioner determines there is a clinical or practical

need for the additional prescription.