N.J. Admin. Code § 13:35-7.5A

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:35-7.5A - Limitations on prescribing, administering or dispensing of drugs for the treatment of obesity

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

"Bariatric practice" means the practice of medicine by any physician relating to the treatment of obesity, in conjunction with those co-morbidities affected by obesity.

"Body mass index" means a calculation determined by dividing the measured body weight in kilograms by body height in meters square (kg/m<2>).

"Co-morbidities" means any disease, psychiatric or medical condition that may be negatively influenced by obesity, such as diabetes, hypertension, hyperlipidemia, osteoarthritis, cardiac conditions, stroke, respiratory disease and certain cancers.

"Informed consent" means the agreement of the patient to follow the therapeutic regimen established by a practitioner, which follows the disclosure by a practitioner of that information which a patient needs as to available choices with respect to the proposed treatment, including the inherent and potential risks of such treatment.

"Obesity" means a complex, multi-factorial condition characterized by a documented diagnosis of excess adipose tissue as determined by the calculation of a body mass index greater than 27.

(b) A practitioner who engages in bariatric practice shall not prescribe, order, dispense, administer, sell or transfer any drug for the treatment of obesity except in accordance with the provisions of this subchapter and in conformity with the following requirements:

1. A practitioner shall personally, or through a licensed health care practitioner working within his or her lawful scope of practice and acting on the treating practitioner's order or protocol, take a complete history of the patient and conduct a comprehensive physical examination and order or perform any laboratory and/or diagnostic tests as indicated by the clinical evaluation. The history, physical examination and laboratory and/or diagnostic tests shall be undertaken in an effort to determine the existence of any co-morbidities and if the use of any prescription medication is contraindicated. The practitioner shall also assess the possible existence of any psychiatric or psychological condition (such as, but not limited to, depression or substance abuse) which shall be evaluated and treated prior to or contemporaneous with the treatment of obesity and which may pose a contraindication to the use of prescription medications. The practitioner shall fully document the findings of the history, physical examination and laboratory and/or diagnostic tests in the patient record and shall also indicate the methods and goals of treatment in the patient record;

2. A practitioner shall provide for nutritional counseling, recommendations for behavior modification and appropriate exercise for weight loss, and document such recommendations in the patient record;

3. A practitioner shall obtain written or verbal informed consent from the patient before prescribing, ordering, dispensing, administering, selling or transferring medication, pursuant to the provisions of this subchapter, for the treatment of obesity. The practitioner shall, either verbally or in writing, identify the risks associated with the use of such medications; and

4.

(Reserved)

5. A practitioner shall monitor the progress of the patient's weight loss or gain at the time of each of the patient's follow-up visits. The practitioner shall personally, or through a licensed health care practitioner working within his or her lawful scope of practice and acting on the treating practitioner's order or protocol, conduct a physical examination and shall perform laboratory tests as indicated by the clinical evaluation. The findings of the physical examination shall be fully documented in the patient record.

6.

(Reserved)

(c) Any violations of this section shall be subject to the enforcement provisions of 13:35-7.10.

N.J. Admin. Code § 13:35-7.5A

New Rule, R.2000 d.401, effective 10/2/2000.
See: 31 New Jersey Register 2457(a), 32 New Jersey Register 3577(a).