N.J. Admin. Code § 13:35-7.1A

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:35-7.1A - Examination of patient's condition required prior to dispensing drugs or issuing a prescription; exceptions

(a) Except as provided in (b) below, a practitioner shall not dispense drugs or issue prescriptions to an individual, pursuant to the requirements of this subchapter, without first having conducted an examination, which shall be appropriately documented in the patient record. As part of the patient examination, the practitioner shall:

1. Perform an appropriate history and physical examination;

2. Make a diagnosis based upon the examination and all diagnostic and laboratory tests consistent with good medical care;

3. Formulate a therapeutic plan and discuss such plan, along with the basis for the plan and the risks and benefits of various treatment options, with the patient; and

4. Ensure the availability of the physician or coverage for the patient for appropriate follow-up care.

(b) Notwithstanding (a) above, an examination of the patient's condition shall not be required prior to the dispensing of drugs or the issuance of a prescription under the following circumstances:

1. In admission orders for a newly hospitalized patient;

2. For a patient of another physician for whom the practitioner is taking calls;

3. For continuation medications on a short term basis for a new patient prior to the patient's first appointment;

4. For an established patient who, based on sound medical practice, the physician believes does not require a new examination before issuing a new prescription;

5. For a patient examined by a healthcare professional who is in collaborative practice with the practitioner; and

6. When treatment is provided by a practitioner for an emergency medical condition.

(c) For purposes of this section, the term "emergency medical condition" as used in (b) above means:

1. A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:

i. Placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;

ii. Serious impairment to bodily functions; or

iii. Serious dysfunction of any bodily organ or part.

N.J. Admin. Code § 13:35-7.1A

New Rule, R.2003 d.372, effective 9/15/2003.
See: 34 New Jersey Register 3059(a), 35 New Jersey Register 4287(a).