N.J. Admin. Code § 13:44-4.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:44-4.1 - Veterinary prescription items

(a) No licensed veterinarian shall dispense any prescription item unless the container in which such medication is dispensed bears a label containing the following information:

1. The name or species of the patient or identification of the herd or flock;

2. The name of the drug or devices;

3. The strength per unit;

4. The number of units dispensed;

5. Directions for use;

6. Precautionary statements including withdrawal time, where applicable;

7. The date dispensed; and

8. The name and license number of the licensee and the name of the facility dispensing the medication.

(b) A licensed veterinarian may prescribe, sell, dispense, or distribute any prescription item, providing there is a bona fide veterinarian-client-patient relationship, and the prescription item is properly recorded in the medical record. For purposes of this section, a prescription is properly recorded when it contains the type of medication, the strength per unit, the number of units dispensed, the directions for use and the date dispensed.

1. For purposes of this section, a "veterinarian-client-patient relationship" means:

i. The veterinarian has undertaken to make medical judgments regarding the health of an animal or animals, herd or flock being treated and the need for medical treatment;

ii. The client has retained the services of the veterinarian;

iii. The veterinarian has sufficient knowledge of the animal or animals, herd or flock to initiate at least a general or preliminary diagnosis of the medical condition of the animal or animals, herd or flock;

iv. The veterinarian is available for follow-up treatment; and

v. The veterinarian maintains records on the animal or animals, herd or flock in accordance with N.J.A.C. 13:44-4.9.

(c) A licensed veterinarian may dispense prescription items to a person without a bona fide veterinarian-client-patient relationship on the basis of a prescription issued by another licensed veterinarian subject to the provisions of (a) and (b) above and (d) below.

(d) A licensed veterinarian shall not prescribe, sell, dispense, or distribute any prescription item in an indiscriminate manner, or without good cause, or where the licensee reasonably knows or should know that the item or items prescribed, sold, dispensed or distributed are to be used for unauthorized or illicit consumption or distribution. A licensee shall not issue a prescription for, or dispense, an item where the licensee knows or has reason to know that an item or items previously prescribed or dispensed were used by the recipient for unauthorized or illicit consumption or distribution.

(e) A licensed veterinarian, in the course of professional practice and an existing veterinarian-client-patient relationship, shall, upon request, provide a written prescription to a client who does not wish to purchase a prescription item directly from the licensed veterinarian.

(f) A licensed veterinarian may issue a prescription by oral, written, or electronic communication to the dispenser. The licensed veterinarian shall properly record the prescription in the patient's medical record.

N.J. Admin. Code § 13:44-4.1

Amended by R.1981 d.451, effective 11/16/1981.
See: 13 N.J.R. 519(b), 13 N.J.R. 847(a).
Added new (a) and recodified prior section as (c).
Amended by R.1988 d.395, effective 8/15/1988.
See: 20 N.J.R. 1171(b), 20 N.J.R. 2069(a).
Added new (b) and recodified old (b)-(c) as (c)-(d).
Amended by R.1994 d.442, effective 9/6/1994.
See: 26 N.J.R. 1951(a), 26 N.J.R. 3737(a).
Amended by R.1999 d.268, effective 8/16/1999.
See: 31 N.J.R. 1280(a), 31 N.J.R. 2360(b).
Rewrote the section.
Amended by R.2011 d.023, effective 1/18/2011.
See: 42 N.J.R. 1133(a), 43 N.J.R. 195(a).
In (e), substituted "existing" for "exiting".