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Weinberg-Vitale Bill Expanding Prescription Monitoring Program Signed Into Law

Sen Joe Vitale

Sen. Joe Vitale

News Release 7/20/15

TRENTON – Legislation sponsored by Senate Majority Leader Loretta Weinberg and Senate Health Chairman Joseph F. Vitale to update, expand and improve the state’s Prescription Monitoring Program (PMP) to protect against patient abuse of addictive prescription medications was signed into law today.

“Expanding the monitoring program will begin the process of proactively addressing the growing problem of heroin addiction, which often starts with the use of prescription pills, at its source,” said Senator Weinberg, D-Bergen. “As doctors regularly monitor their patients’ prescription drug use and pharmacies step up their role in identifying potential issues as they arise, we can help curb the abuse or diversion of addictive medications.”

“The heroin and prescription drug epidemic is claiming the lives of too many young people in our communities, and this bill is one part of the multifaceted solution to a very complex problem plaguing our state,” said Senator Vitale, D-Middlesex. “Strengthening an already-successful program will serve as a protective measure against addiction and more effectively put an end to pill shopping for those already misusing opiates and pill mills operated by unscrupulous prescribers.”

The New Jersey Prescription Monitoring Program is an electronic system operated by the state to monitor controlled dangerous substances dispensed in outpatient settings. It is available to all licensed healthcare practitioners authorized by the state to prescribe or dispense CDS medications.

Currently, 85 percent of New Jersey’s physicians are registered to access the PMP, according to recent data from the Division of Consumer Affairs; however, registration with the PMP does not necessarily mean that a practitioner or pharmacist is regularly referencing the database.

The law (a substitute for S1998 and S2119) would require the Division of Consumer Affairs to automatically register pharmacists and practitioners to participate in the PMP as part of their registration to dispense controlled dangerous substances. Doctors would be required to consult the online database the first time they prescribe a medication of an addictive nature (Schedule II CDS) to a patient for acute and chronic pain, and at least quarterly for patients that continue to receive prescriptions for this type of medication.

Pharmacists would have to check the database before dispensing a Schedule II controlled dangerous substance if there is a reasonable belief the patient may be seeking the prescription for any reason other than the treatment of a medical condition. The law would also require pharmacy permit holders to submit prescription information to the division every seven days, rather than the current requirement of every 30 days. The Division of Consumer Affairs would be required to evaluate whether any person is obtaining a prescription in a manner indicative of misuse, abuse or diversion, or in a manner that violates state law or regulations, and to respond appropriately.

“It’s not enough for doctors and pharmacists to be registered to access the PMP. It serves no good purpose if they aren’t using the system and cross-checking the database when prescribing or dispensing medications that are addictive in nature,” added Weinberg. “It will take a responsible and concerted effort to realize the PMP’s full potential, and to combat the misuse of prescription drugs by people who are seeking a high or those who are simply not aware of how dangerous these drugs can be. This puts us on the right path to achieve that goal.”

Recent data reported by the Centers for Disease Control and Prevention shows that New Jersey’s heroin overdose death rate is triple the national rate. In 2013, there were 8.3 heroin-related deaths per 100,000 people in New Jersey, compared to 2.7 nationally, totaling 741 deaths in the state.

“The numbers from the latest available data are serious and alarming, and we simply cannot ignore the problem. It affects everyone,” said Senator Vitale. “As prescription painkillers often serve as the gateway to heroin, increased vigilance and active participation by prescribers and dispensers will prove critical in tackling the problem at its source.”

The Senate approved the law by a vote of 34-0. The Assembly approved it 74-0. The law takes effect on November 1, 2015.

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