New Jersey § 45:1-46
Full text of New Jersey New Jersey Statutes § 45:1-46, with citation guidance and answers to common questions.
§ 45:1-46.
Access to prescription information. a. The division shall maintain procedures to ensure privacy and confidentiality of
patients and that patient information collected, recorded, transmitted, and maintained
is not disclosed, except as permitted in this section, including, but not limited
to, the use of a password-protected system for maintaining this information and permitting
access thereto as authorized under sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ), and a requirement that a person as listed in subsection h. or i. of this section
provide affirmation of the person's intent to comply with the provisions of sections
25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) as a condition of accessing the information. b. The prescription monitoring information submitted to the division shall be confidential
and not be subject to public disclosure under P.L.1963, c. 73 ( C.47:1A-1 et seq. ), or P.L.2001, c. 404 ( C.47:1A-5 et al.). c. The division shall review the prescription monitoring information provided by a
pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). The review shall include, but not be limited to: (1) a review to identify whether any person is obtaining a prescription in a manner
that may be indicative of misuse, abuse, or diversion of a controlled dangerous substance. The director shall establish guidelines regarding the terms “ misuse ,” “ abuse ,” and “ diversion ” for the purposes of this review. When an evaluation of the information indicates that a person may be obtaining a
prescription for the same or a similar controlled dangerous substance from multiple
practitioners or pharmacists during the same time period, the division may provide
prescription monitoring information about the person to practitioners and pharmacists;
and (2) a review to identify whether a violation of law or regulation or a breach of the
applicable standards of practice by any person may have occurred, including, but not
limited to, diversion of a controlled dangerous substance. If the division determines that such a violation or breach may have occurred, the
division shall notify the appropriate law enforcement agency or professional licensing
board, and provide the prescription monitoring information required for an investigation. d. (Deleted by amendment, P.L.2015, c. 74 ) e. (Deleted by amendment, P.L.2015, c. 74 ) f. (Deleted by amendment, P.L.2015, c. 74 ) g. (Deleted by amendment, P.L.2015, c. 74 ) h. (1) A practitioner shall register to access prescription monitoring information
upon initial application for, or renewal of, the practitioner's CDS registration. (2) The division shall provide to a pharmacist who is employed by a current pharmacy
permit holder online access to prescription monitoring information for the purpose
of providing health care to a current patient or verifying information with respect
to a patient or a prescriber. (3) The division shall provide to a practitioner who has a current CDS registration
online access to prescription monitoring information for the purpose of providing
health care to a current patient or verifying information with respect to a patient
or a prescriber. The division shall also grant online access to prescription monitoring information
to as many licensed health care professionals as are authorized by a practitioner
to access that information and for whom the practitioner is responsible for the use
or misuse of that information, subject to a limit on the number of such health care
professionals as deemed appropriate by the division for that particular type and size
of professional practice, in order to minimize the burden to practitioners to the
extent practicable while protecting the confidentiality of the prescription monitoring
information obtained. The director shall establish, by regulation, the terms and conditions under which
a practitioner may delegate that authorization, including procedures for authorization
and termination of authorization, provisions for maintaining confidentiality, and
such other matters as the division may deem appropriate. (4) The division shall provide online access to prescription monitoring information
to as many medical or dental residents as are authorized by a faculty member of a
medical or dental teaching facility to access that information and for whom the practitioner
is responsible for the use or misuse of that information. The director shall establish, by regulation, the terms and conditions under which
a faculty member of a medical or dental teaching facility may delegate that authorization,
including procedures for authorization and termination of authorization, provisions
for maintaining confidentiality, provisions regarding the duration of a medical or
dental resident's authorization to access prescription monitoring information, and
such other matters as the division may deem appropriate. (5)(a) The division shall provide online access to prescription monitoring information
to: (i) as many certified medical assistants as are authorized by a practitioner to access
that information and for whom the practitioner is responsible for the use or misuse
of that information; (ii) as many medical scribes working in a hospital's emergency department as are authorized
by a practitioner to access that information and for whom the practitioner is responsible
for the use or misuse of that information; and (iii) as many licensed athletic trainers working in a clinical setting as are authorized
by a practitioner to access that information and for whom the practitioner is responsible
for the use or misuse of that information. (b) The director shall establish, by regulation, the terms and conditions under which
a practitioner may delegate authorization pursuant to subparagraph (a) of this paragraph,
including procedures for authorization and termination of authorization, provisions
for maintaining confidentiality, provisions regarding the duration of a certified
medical assistant's, medical scribe's, or licensed athletic trainer's authorization
to access prescription monitoring information, and provisions addressing such other
matters as the division may deem appropriate. (6) The division shall provide online access to prescription monitoring information
to as many registered dental assistants as are authorized by a licensed dentist to
access that information and for whom the licensed dentist is responsible for the use
or misuse of that information. The director shall establish, by regulation, the terms and conditions under which
a licensed dentist may delegate that authorization, including procedures for authorization
and termination of authorization, provisions for maintaining confidentiality, provisions
regarding the duration of a registered dental assistant's authorization to access
prescription monitoring information, and such other matters as the division may deem
appropriate. (7) A person listed in this subsection, as a condition of accessing prescription monitoring
information pursuant thereto, shall certify that the request is for the purpose of
providing health care to a current patient or verifying information with respect to
a patient or practitioner. Such certification shall be furnished through means of an online statement or alternate
means authorized by the director, in a form and manner prescribed by rule or regulation
adopted by the director. If the information is being accessed by an authorized person using an electronic
system authorized pursuant to subsection q. of this section, the certification may
be furnished through the electronic system. i. The division may provide online access to prescription monitoring information,
or may provide access to prescription monitoring information through any other means
deemed appropriate by the director, to the following persons: (1) authorized personnel of the division or a vendor or contractor responsible for
maintaining the Prescription Monitoring Program; (2) authorized personnel of the division responsible for administration of the provisions
of P.L.1970, c. 226 ( C.24:21-1 et seq. ); (3) the State Medical Examiner, a county medical examiner, a deputy or assistant county
medical examiner, or a qualified designated assistant thereof, who certifies that
the request is for the purpose of investigating a death pursuant to P.L.1967, c. 234
( C.52:17B-78 et seq. ); (4) a controlled dangerous substance monitoring program in another state with which
the division has established an interoperability agreement, or which participates
with the division in a system that facilitates the secure sharing of information between
states; (5) a designated representative of the State Board of Medical Examiners, New Jersey
State Board of Dentistry, State Board of Nursing, New Jersey State Board of Optometrists,
State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other
board in this State or another state that regulates the practice of persons who are
authorized to prescribe or dispense controlled dangerous substances, as applicable,
who certifies that the representative is engaged in a bona fide specific investigation
of a designated practitioner or pharmacist whose professional practice was or is regulated
by that board; (6) a State, federal, or municipal law enforcement officer who is acting pursuant
to a court order and certifies that the officer is engaged in a bona fide specific
investigation of a designated practitioner, pharmacist, or patient. A law enforcement agency that obtains prescription monitoring information shall comply
with security protocols established by the director by regulation; (7) a designated representative of a state Medicaid or other program who certifies
that the representative is engaged in a bona fide investigation of a designated practitioner,
pharmacist, or patient; (8) a properly convened grand jury pursuant to a subpoena properly issued for the
records; and (9) a licensed mental health practitioner providing treatment for substance use disorder to patients at a residential or outpatient substance use disorder treatment center licensed by the Division of Mental Health and Addiction Services
in the Department of Human Services, who certifies that the request is for the purpose
of providing health care to a current patient or verifying information with respect
to a patient or practitioner, and who furnishes the division with the written consent
of the patient for the mental health practitioner to obtain prescription monitoring
information about the patient. The director shall establish, by regulation, the terms and conditions under which
a mental health practitioner may request and receive prescription monitoring information.
Nothing in sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) shall be construed to require or obligate a mental health practitioner to access
or check the prescription monitoring information in the course of treatment beyond
that which may be required as part of the mental health practitioner's professional
practice. j. A person listed in subsection i. of this section, as a condition of obtaining prescription
monitoring information pursuant thereto, shall certify the reasons for seeking to
obtain that information. Such certification shall be furnished through means of an online statement or alternate
means authorized by the director, in a form and manner prescribed by rule or regulation
adopted by the director. k. The division shall offer an online tutorial for those persons listed in subsections
h. and i. of this section, which shall, at a minimum, include: how to access prescription
monitoring information; the rights of persons who are the subject of this information;
the responsibilities of persons who access this information; a summary of the other
provisions of sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) and the regulations adopted pursuant thereto, regarding the permitted uses of that
information and penalties for violations thereof; and a summary of the requirements
of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website
for further information about the specific provisions of the privacy rule. l . The division may request and receive prescription monitoring information from prescription
monitoring programs in other states and may use that information for the purposes
of sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). When sharing data with programs in another state, the division shall not be required
to obtain a memorandum of understanding unless required by the other state. m. The director may provide nonidentifying prescription drug monitoring information
to public or private entities for statistical, research, or educational purposes,
in accordance with the provisions of sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). n. Nothing shall be construed to prohibit the division from obtaining unsolicited
automated reports from the program or disseminating such reports to pharmacists, practitioners,
mental health care practitioners, and other licensed health care professionals. o . (1) A current patient of a practitioner may request from that practitioner that
patient's own prescription monitoring information that has been submitted to the division
pursuant to sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). A parent or legal guardian of a child who is a current patient of a practitioner
may request from that practitioner the child's prescription monitoring information
that has been submitted to the division pursuant to sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). (2) Upon receipt of a request pursuant to paragraph (1) of this subsection, a practitioner
or health care professional authorized by that practitioner may provide the current
patient or parent or legal guardian, as the case may be, with access to or a copy
of the prescription monitoring information pertaining to that patient or child. (3) The division shall establish a process by which a patient, or the parent or legal
guardian of a child who is a patient, may request a pharmacy permit holder that submitted
prescription monitoring information concerning a prescription for controlled dangerous
substances for that patient or child to the division pursuant to sections 25 through
30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ) to correct information that the person believes to have been inaccurately entered
into that patient's or child's prescription profile. Upon confirmation of the inaccuracy of any such entry into a patient's or child's
prescription profile, the pharmacy permit holder shall be authorized to correct any
such inaccuracies by submitting corrected information to the division pursuant to
sections 25 through 30 of P.L.2007, c. 244 ( C.45:1-45 through C.45:1-50 ). The process shall provide for review by the Board of Pharmacy of any disputed request
for correction, which determination shall be appealable to the director. p. The division shall take steps to ensure that appropriate channels of communication
exist to enable any licensed health care professional, licensed pharmacist, mental
health practitioner, pharmacy permit holder, or other practitioner who has online
access to the Prescription Monitoring Program pursuant to this section to seek or
provide information to the division related to the provisions of this section. q. (1) The division may make prescription monitoring information available on electronic
systems that collect and display health information, such as an electronic system
that connects hospital emergency departments for the purpose of transmitting and obtaining
patient health data from multiple sources, or an electronic system that notifies practitioners
of information pertaining to the treatment of overdoses; provided that the division
determines that any such electronic system has appropriate security protections in
place. (2) Practitioners who are required to access prescription monitoring information pursuant
to section 8 of P.L.2015, c. 74 ( C.45:1-46.1 ) may discharge that responsibility by accessing one or more authorized electronic
systems into which the prescription monitoring information maintained by the division
has been integrated.
Frequently Asked Questions About New Jersey § 45:1-46
What does New Jersey Statutes § 45:1-46 cover?
Section 45:1-46 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 45:1-46?
A common citation format is "New Jersey Statutes § 45:1-46" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 45:1-46 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.