N.J. Admin. Code § 13:45H-7.5

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

Section 13:45H-7.5 - Manner of issuance of prescriptions

(a) All prescriptions for controlled substances shall be dated as of, and signed on, the day when issued and shall bear the full name and address of the patient, the drug name, strength, dosage form, quantity prescribed, directions for use, and the full name, address, proper academic degree or other definitive identification of the professional practice for which he or she is licensed, and registration number of the practitioner. All prescriptions for controlled substances, regardless of schedules, shall be presented to the pharmacist for filling within 30 days after the date when issued, except as provided in (a)1 below. A practitioner may sign a prescription in the same manner as he or she would sign a check or legal document (for example, J.H. Smith or John H. Smith). Where an oral order is not permitted, prescriptions shall be written in ink or indelible pencil or typewriter or printed on a computer printer and shall be manually signed by the practitioner. A computer-generated prescription that is printed out or faxed by the practitioner must be manually signed. The prescription may be prepared by a secretary or agent of the practitioner for the signature of the practitioner, but the prescribing practitioner is responsible in case the prescription does not conform in all essential respects to the law or rules. A corresponding liability rests upon the pharmacist who fills a prescription not prepared in the form prescribed by this section.

1. When up to three separate prescriptions for a total of up to a 90-day supply of a Schedule II controlled substance are issued to a patient by a physician pursuant to N.J.S.A. 45:9-22.1 9 (P.L. 2009, c. 165), a pharmacist shall fill such prescriptions.

i. All three prescriptions may be accepted at one time and held pending filling as indicated below:

(1) The first prescription shall be filled no later than 30 days after the date of issuance; and

(2) The second and third prescriptions shall be filled no later than 30 days after the date indicated on the prescription as the earliest date on which the prescription may be filled.

ii. Prescriptions presented individually shall be filled as indicated below:

(1) The first prescription shall be filled no later than 30 days after the date of issuance;

(2) The second and third prescriptions shall be presented to the pharmacy and filled no later than 30 days after the date indicated on the prescription as the earliest date on which the prescription may be filled.

iii. A patient shall not be provided with more than a 30-day supply of a Schedule II medication at one time.

(b) An intern, resident, or foreign-trained physician, or physician on the staff of a Veterans' Administration facility, exempted from registration under 21 CFR 1301.22(c) shall include on all prescriptions issued by him or her the registration number of the hospital or other institution and the special internal code number assigned to him or her by the hospital or other institution as provided in 21 CFR 1301.22(c), in lieu of the registration number of the practitioner required by this section. Each written prescription shall have the name of the physician stamped, typed, or handprinted on it, as well as the signature of the physician.

(c) An official exempted from registration under 21 CFR 1301.23(a) shall include on all prescriptions issued by him or her, his or her branch of service or agency (for example, "U.S. Army" or "Public Health Service") and his or her service identification number, in lieu of the registration number of the practitioner required by this section. The service identification number for a Public Health Service employee is his or her Social Security identification number. Each prescription shall have the name of the officer stamped, or handprinted on it, as well as the signature of the officer.

(d) A prescription for a Schedule III, IV, or V narcotic drug approved by the Food and Drug Administration specifically for "detoxification treatment" or "maintenance treatment" as defined in N.J.A.C. 13:45H-11.1 must include the identification number issued by the Administrator under 21 CFR 1301.28(d) or a written notice stating that the practitioner is acting under the good faith exception under 21 CFR 1301.28(e).

N.J. Admin. Code § 13:45H-7.5

Amended by 47 N.J.R. 2300(a), effective 9/8/2015