N.J. Admin. Code § 13:45A-35.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 13:45A-35.4 - Requests for exemption or waiver

(a) A pharmacy that does not dispense Schedule II, III, IV, or V controlled dangerous substances, human growth hormone, or gabapentin, or that dispenses Schedule II, III, IV, or V controlled dangerous substances, human growth hormone, or gabapentin only to inpatients in a hospital, long-term or other facility in which the residents are provided with 24-hour nursing care, shall apply to the Division for an exemption from the PMP on a form supplied by the Division and available at www.njconsumeraffairs.gov.

(b) A pharmacy may apply for a waiver of the PMP electronic reporting requirements contained in this subchapter or in the Data Collection Manual for good cause, such as technological limitations or financial hardship, by filing a written application for waiver with the Division on a form supplied by the Division and available at www.njconsumeraffairs.gov. The application for waiver shall document the reasons for the pharmacy's inability to comply with the electronic submission requirement and shall specify the format the pharmacy proposes to use to submit required information to the PMP vendor.

(c) An application for exemption or waiver request granted pursuant to this section shall be valid until June 30 of the following year unless otherwise limited by the Division. If the conditions that necessitated the exemption or waiver are corrected or no longer exist, the pharmacy shall notify the Division, and the exemption or waiver shall become void. If the reasons necessitating the exemption or waiver persist, the pharmacy shall, by June 30 of each year as part of its pharmacy permit or out-of-State pharmacy registration annual renewal application, apply to the Division for a renewal of the exemption or waiver.

N.J. Admin. Code § 13:45A-35.4

Adopted by 48 N.J.R. 2374(a), effective 11/7/2016

Amended by 50 N.J.R. 1219(a), effective 5/7/2018