New Jersey § 30:4d-17

§ 30:4d-17.

a. There is established the Drug Utilization Review Board in the department to advise

the department on the implementation of a drug utilization review program pursuant

to P.L.1993, c. 16 ( C.30:4D-17.16 et seq. ) and this section. The board shall establish a Senior Drug Utilization Review Committee to address

the specific prescribing needs of the elderly and an AIDS/HIV Drug Utilization Review

Committee to address the specific prescribing needs of persons with AIDS/HIV, in addition

to such other committees as it deems necessary. It shall be the responsibility of each committee to evaluate the specific prescribing

needs of its beneficiary population, and to submit recommendations to the board in

regard thereto. The board shall consist of 17 members, including the Commissioners of Human Services

and Health or their designees, who shall serve as nonvoting ex officio members, and

15 public members. The public members shall be appointed by the Governor with the advice and consent

of the Senate. The appointments shall be made as follows: six persons licensed and actively engaged

in the practice of medicine in this State, including one who is a psychiatrist and

at least two who specialize in geriatric medicine and two who specialize in AIDS/HIV

care, one of whom who is a pediatric AIDS/HIV specialist, four of whom shall be appointed

upon the recommendation of the Medical Society of New Jersey and two upon the recommendation

of the New Jersey Association of Osteopathic Physicians and Surgeons; one person

licensed as a physician in this State who is actively engaged in academic medicine;

four persons licensed in and actively practicing or teaching pharmacy in this State,

who shall be appointed from a list of pharmacists recommended by the New Jersey Pharmacists

Association, the New Jersey Council of Chain Drug Stores, the Garden State Pharmacy

Owners, Inc., the New Jersey Society of Hospital Pharmacists, the Academy of Consultant

Pharmacists and the College of Pharmacy of Rutgers, The State University; one additional

health care professional; two persons certified as advanced practice nurses in this

State, who shall be appointed upon the recommendation of the New Jersey State Nurses

Association; and one member to be appointed upon the recommendation of the Pharmaceutical

Research and Manufacturers of America. Each member of the board shall have expertise in the clinically appropriate prescribing

and dispensing of outpatient drugs. At the time of appointment, each public member shall submit a written disclosure to

the Department of Human Services and to the Office of the Attorney General detailing

any financial interest or benefit furnished to the member by or through a pharmaceutical

distributor, pharmaceutical manufacturer, or pharmacy benefits manager within the

preceding three years, including, but not limited to, any meals, payments, gifts,

stocks, or salary furnished to the member by the manufacturer and any stock or other

investment interest held in a pharmaceutical distributor, pharmaceutical manufacturer,

or pharmacy benefits manager by the member. Thereafter, each public member shall submit an updated disclosure on a quarterly

basis for the duration of the member's term as a board member concerning any financial

interest or benefit furnished to the member by or through a pharmaceutical distributor,

pharmaceutical manufacturer, or pharmacy benefits manager and any investment interest

in a pharmaceutical distributor, pharmaceutical manufacturer, or pharmacy benefits

manager acquired or held by the member in the period following the date of the member's

last written disclosure. An individual who fails to submit a written disclosure pursuant to this subsection

shall be ineligible to serve as a board member and, if currently serving on the board,

shall be immediately removed from the board. In addition, any individual who submits a written disclosure that is materially

false, misleading, inaccurate, or incomplete shall be liable to a civil penalty of

up to $20,000, which shall be collected and enforced by summary proceedings pursuant

to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). Written disclosures submitted pursuant to this subsection shall be made available

to the public on the Internet websites of the Department of Human Services and the

Office of the Attorney General. b. All appointments to the board shall be made no later than the 60th day after the

effective date of this act. The public members shall be appointed for two-year terms and shall serve until a

successor is appointed and qualified, and are eligible for reappointment; except

that of the public members first appointed, eight shall be appointed for a term of

two years and five for a term of one year. c. Vacancies in the membership of the board shall be filled in the same manner as

the original appointments were made but for the unexpired term only. Members of the board shall serve with compensation for the time and expenses incurred

in the performance of their duties as board members, as determined by the Commissioners

of Human Services and Health, subject to the approval of the Director of the Division

of Budget and Accounting in the Department of the Treasury. d. The board shall select a chairman from among the public members, who shall serve

a one-year term, and a secretary. The chairman may serve consecutive terms. The board shall adopt bylaws. The board shall meet at least quarterly and may meet at other times at the call

of the chairman. The board shall in all respects comply with the provisions of the “Senator Byron

M. Baer Open Public Meetings Act,” P.L.1975, c. 231 ( C.10:4-6 et seq. ). No motion to take any action by the board shall be valid except upon the affirmative

vote of a majority of the authorized membership of the board. e. The duties of the board shall include the development and application of the criteria

and standards to be used in retrospective and prospective drug utilization review. The criteria and standards shall be based on the compendia and developed with professional

input in a consensus fashion. There shall be provisions for timely reassessments and revisions as necessary and

provisions for input by persons acting as patient advocates. The drug utilization review standards shall reflect the local practices of prescribers,

in order to monitor: (1) therapeutic appropriateness; (2) overutilization or underutilization; (3) therapeutic duplication; (4) drug-disease contraindications; (5) drug-drug interactions; (6) incorrect drug dosage; (7) duration of drug treatment; and (8) clinical drug abuse or misuse. The board shall recommend to the department criteria for denials of claims and establish

standards for a medical exception process. The board shall also consider relevant information provided by interested parties

outside of the board and, if appropriate, shall make revisions to the criteria and

standards in a timely manner based upon this information. f. The board, with the approval of the department, shall be responsible for the development,

selection, application, and assessment of interventions or remedial strategies for

prescribers, pharmacists, and beneficiaries that are educational and not punitive

in nature to improve the quality of care, including: (1) Information disseminated to prescribers and pharmacists to ensure that they are

aware of the duties and powers of the board; (2) Written, oral, or electronic reminders of patient-specific or drug-specific information

that are designed to ensure prescriber, pharmacist, and beneficiary confidentiality,

and suggested changes in the prescribing or dispensing practices designed to improve

the quality of care; (3) The development of an educational program, using data provided through drug utilization

review as a part of active and ongoing educational outreach activities to improve

prescribing and dispensing practices as provided in this section. These educational outreach activities shall include accurate, balanced, and timely

information about drugs and their effect on a patient. If the board contracts with another entity to provide this program, that entity

shall publicly disclose any financial interest or benefit that accrues to it from

the products selected or used in this program; (4) Use of face-to-face discussion between experts in drug therapy and the prescriber

or pharmacist who has been designated by the board for educational intervention; (5) Intensified reviews or monitoring of selected prescribers or pharmacists; (6) The timely evaluation of interventions to determine whether the interventions

have improved the quality of care; and (7) The review of case profiles prior to the conducting of an intervention.