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March 6, 2017 State Regulatory Developments

March 22, 2017 | No Comments
Posted by Beth Christian

  • On March 1, 2017, the Attorney General and the Board of Medical Examiners adopted emergency amendments to the regulations governing prescriptions for controlled dangerous substances.  The limitations and requirements contained in the emergency amendments apply to physicians, podiatrists, physician assistants, and certified nurse midwives and are effective immediately.  The emergency amendments will remain in effect for a period of 60 days, and will be concurrently published for notice and comment in the New Jersey Register on March 20, 2017.  Among other things, the emergency amendments impose a 120 dosage unit or 30 day supply limitation for Schedule II controlled dangerous substances, subject to certain exceptions set forth in the amendments.  With regard to prescriptions for opioid drugs, practitioners are not permitted to issue an initial prescription for an opioid drug for treatment of acute pain in a quantity exceeding a 5 day supply.  The amendments also require the prescribing practitioner to discuss with the patient or the patient’s parent or guardian the reasons why the medication is being prescribed, the possible alternative treatments, and the risks associated with the medication.
  • On March 6, 2017 at 49 N.J.R. 401, the State Board of Medical Examiners published notice of its proposal of amendments to its rules governing compassionate use medical marijuana.  The proposed rule is intended to implement an amendment to the New Jersey Compassionate Use Medical Marijuana Act which adds post-traumatic stress disorder as a debilitating medical condition for which medical marijuana may be prescribed in New Jersey.
  • On March 6, 2017 at 49 N.J.R. 446, the Department of Human Services published notice of its readoption with amendments to its rules governing the provision of pharmaceutical services under the Pharmaceutical Assistance for the Aged and Disabled Program (PAAD).
  • On March 6, 2017 at 49 N.J.R. 450, the Department of Banking and Insurance published notice of its readoption of the rules governing the Small Employer Health Benefits Program.
  • On March 6, 2017 at 49 N.J.R. 450, the Board of Massage and Bodywork Therapy published notice of its adoption of amendments to its rules regarding licensure and licensure renewal.  Among other things, the amendments will require licensees to obtain current certification in CPR, first aid and use of an automatic external defibrillator.
  • On March 6, 2017 at 49 N.J.R. 451, the State Board of Pharmacy published notice of its adoption of amendments to its rules and the adoption of new rules governing control and monitoring of temperatures for prescription drugs and chemicals.  The amendments set forth storage and temperature control requirements for retail pharmacies, and also require that a pharmacist in charge be a full time employee who is employed for a minimum of 35 hours per week.
  • On March 6, 2016 at 48 N.J.R. 461, the Department of Health published notice of its special adoption of new rules governing the requirements for licensure, inspection and establishment of dementia care homes.
  • On March 6, 2016 at 48 N.J. 478, the Department of Health published notice of its postponement of a certificate of need call for comprehensive rehabilitation beds.  The Department of Health indicated that it anticipates publishing notice of a certificate of need call for comprehensive rehabilitation beds at a later date.

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