N.J. Admin. Code § 13:38-2.4

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

Section 13:38-2.4 - Requirements for issuing prescriptions and dispensing of medications

(a) Written prescriptions shall be issued only on New Jersey Prescription Blanks (NJPB).

1. All prescription blanks shall be numbered consecutively and shall be printed on non-reproducible, non-erasable safety paper bearing the optometrist's license number and National Provider Identifier Number, if applicable;

2. All prescription blanks shall be secured from a vendor approved by the Division of Consumer Affairs in the Department of Law and Public Safety;

3. A record shall be maintained of the receipt of New Jersey Prescription Blanks; and

4. The Office of Drug Control in the Division of Consumer Affairs shall be notified as soon as possible but no later than 72 hours from the time that the optometrist becomes aware that a New Jersey Prescription Blank has been altered, lost, or stolen from the optometrist's possession.

(b) Every optometrist shall provide the following information on all prescriptions:

1. The prescriber's full name, address, telephone number, license number and academic degree or identification of professional practice. This information shall be preprinted on all prescriptions;

2. The full name of the patient;

3. The date of issuance of prescription; and

4. The signature of the prescriber, hand-written.

(c) Every optometrist certified to prescribe pharmaceutical agents pursuant to the provisions of N.J.A.C. 13:38-4 and 45:12-9.8 through 9.12 shall, in addition to the information set forth in (a) above, provide the following on all prescriptions for pharmaceutical agents:

1. The optometrist's certification number;

2. The name, strength and quantity of drug or drugs to be dispensed;

3. Adequate instruction for the patient, which shall include, but not be limited to, duration, frequency and dosage. The use of "p.r.n." or "as directed" without further instruction shall be deemed insufficient direction.

4. The number of refills permitted or time limit for refills, or both; and

5. Every prescription blank shall be imprinted with the words "substitution permissible" and "do not substitute" and shall contain space for the optometrist's initials next to the chosen option, in addition to the space required for the signature in (a)4 above.

(d) In addition to the provisions of (a) and (b) above, optometrists certified to prescribe pharmaceutical agents pursuant to the provisions of N.J.A.C. 13:38-4 and 45:12-9.8 through 9.13 shall comply with the following:

1. The optometrist shall advise all patients by sign or pamphlet or similar notice available in a conspicuous location in the optometrist's office that the patient may request that the optometrist substitute a generic drug, when available, for any prescribed medication.

2. The optometrist shall not dispense a prescription as provided for in 45:12-1 et seq., in an amount exceeding a 72-hour supply unless the prescription is dispensed at no charge to the patient.

i. Notwithstanding (d)2 above, an optometrist may dispense a pharmaceutical agent, as provided for in 45:12-1 et seq., that is delivered to the eye through a contact lens and may dispense such pharmaceutical agent at a charge to the patient.

3. The optometrist shall ensure that each medication dispensed directly to a patient is placed in a container or envelope labeled in a legible manner with at least the following information:

i. The optometrist's full name, license and certificate number;

ii. The full name of the patient;

iii. The date the medication is dispensed;

iv. The name, strength and quantity of medication dispensed; and

v. Adequate instructions for the patient regarding the frequency of administration of the medication.

(e) In no instance shall an optometrist sign a blank prescription form or dispense medications without complying with the requirements of this section.

(f) Any licensee who practices outside his or her scope of practice, as defined in 45:12-1, will be deemed to have engaged in professional misconduct pursuant to 45:1-21(e).

(g) Each prescription for a controlled dangerous substance shall be written on a separate NJPB.

1. An NJPB that contains prescriptions for two or more controlled dangerous substances shall be invalid.

2. An NJPB that contains a prescription for only one controlled dangerous substance and contains other medication(s) shall not be valid.

(h) All licensees are prohibited from prescribing controlled dangerous substances as outlined in 24:21-5, Schedule I, and 24:21-6, Schedule II, except that licensees may prescribe controlled dangerous substances containing hydrocodone, regardless of schedule.

(i) Each prescription for a pharmaceutical agent shall be for the purpose of diagnosing and treating deficiencies, deformities, diseases, or abnormalities of the human eye and adnexae.

(j) An optometrist may transmit a prescription to a pharmacist telephonically or electronically.

N.J. Admin. Code § 13:38-2.4

Amended by 48 N.J.R. 2622(a), effective 12/5/2016