N.J. Admin. Code § 13:45A-35.9

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

Section 13:45A-35.9 - Mandatory look-up

(a) Except as provided in (c) below, a practitioner or the practitioner's delegate shall access prescription monitoring information for a new or current patient consistent with the following:

1. The first time the practitioner prescribes a Schedule II controlled dangerous substance or any opioid to a new or current patient for acute or chronic pain;

i. When the practitioner or the practitioner's delegate accesses the prescription monitoring information for a new patient in advance of the scheduled appointment, the practitioner or delegate shall document the new patient's request for professional services;

2. The first time the practitioner prescribes a benzodiazepine drug that is a Schedule III or Schedule IV controlled dangerous substance;

3. If the practitioner 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 Schedule IV controlled dangerous substance;

4. Any time the practitioner 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;

5. On a quarterly basis during the period of time a current patient continues to receive a prescription for a Schedule II controlled dangerous substance or for an opioid drug for acute or chronic pain, or for a benzodiazepine that is a Schedule III or Schedule IV controlled dangerous substance.

i. For purposes of this paragraph, "quarterly" means every three months from the date the initial prescription is issued.

(b) Except as provided in (c) below, 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, a pharmacist shall not dispense a Schedule II controlled dangerous substance, any opioid, or a benzodiazepine drug that is a Schedule III or Schedule IV controlled dangerous substance to any person without first accessing the prescription monitoring information to determine if the person has received other prescriptions that indicate misuse, abuse, or diversion.

(c) The provisions of (a) and (b) above, as applicable, shall not apply to:

1. A veterinarian;

2. A practitioner or the practitioner's agent administering methadone as interim treatment for a patient on a waiting list for admission to an authorized substance abuse 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 13:39-9.2;

5. (Reserved)

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 PMP in a timely manner, no other individual authorized to access the PMP is reasonably available, and the quantity of CDS prescribed or dispensed does not exceed a five-day supply of the substance;

8. A situation under which consultation of the PMP would result in a patient's inability to obtain a prescription in a timely manner, thereby, in the clinical judgment of the practitioner or pharmacist, adversely impacting the medical condition of the patient, and the quantity of CDS prescribed or dispensed does not exceed a five-day supply of the substance;

9. A situation in which the PMP is not operational as determined by the Division or where it cannot be accessed by the practitioner or pharmacist due to a temporary technological or electrical failure and the quantity of CDS prescribed or dispensed does not exceed a five-day supply of the substance;

10. A pharmacist who is employed by a pharmacy that, in accordance with N.J.A.C. 13:45A-35.4, has been granted a waiver due to technological limitations that are not reasonably within the control of the pharmacist, or other exceptional circumstances demonstrated by the pharmacist; or

11. A practitioner who is prescribing no more than a five-day supply of a controlled dangerous substance to a patient immediately, but no more than 24 hours, after the patient has undergone an operation 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 the care or treatment in the emergency department of a general hospital as provided in (a) above.

(d) Prescribing or dispensing of Schedule II CDS after accessing the prescription monitoring information in accordance with (a) or (b) above shall be undertaken if consistent with the practitioner's or pharmacist's professional practice as set forth in the rules of the individual's respective professional licensing board.

N.J. Admin. Code § 13:45A-35.9

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

Amended by 51 N.J.R. 624(a), effective 5/6/2019