N.J. Admin. Code § 13:45H-7.19

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

Section 13:45H-7.19 - Dispensing without prescription

(a) A controlled substance listed in schedule V, and a controlled substance listed in schedule II, III, or IV which is not a prescription drug as determined under the Federal Food, Drug, and Cosmetic Act, may be dispensed by a pharmacist without a prescription to a purchaser at retail, provided that:

1. Such dispensing is made only by a pharmacist (as defined in N.J.A.C. 13:45H-7.1), and not by a nonpharmacist employee even if under the supervision of a pharmacist (although after the pharmacist has fulfilled his professional and legal responsibilities set forth in this section, the actual cash, credit transaction, or delivery, may be completed by a nonpharmacist);

2. Not more than 240 cc. (eight ounces) of any such controlled substance containing opium, nor more than 120 cc. (four ounces) of any other such controlled substance nor more than 48 dosage units of any such controlled substance containing opium, nor more than 24 dosage units of any other such controlled substance may be dispensed at retail to the same purchaser in any given 48-hour period;

3. The purchaser is at least 18 years of age;

4. The pharmacist requires every purchaser of a controlled substance under this Section not known to him to furnish suitable identification (including proof of age where appropriate);

5. A bound record book for dispensing of controlled substances under this Section is maintained by the pharmacist, which book shall contain the name and address of the purchaser, the name and quantity of controlled substance purchased, the date of each purchase, and the name or initials of the pharmacist who dispensed the substance to the purchaser (the book shall be maintained in accordance with the recordkeeping requirement of N.J.A.C. 13:45H-5.4); and

(b) A prescription is not required for distribution or dispensing of the substance pursuant to another Federal, State or local law.

N.J. Admin. Code § 13:45H-7.19