N.J. Admin. Code § 13:39-7.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:39-7.4 - Emergency dispensing

(a) Except as provided in (b) below, in the absence of a current, valid prescription, a pharmacist may dispense an emergency supply (no more than a 72-hour quantity) of a chronic maintenance drug or device if, in his or her professional judgment, refusal would endanger the health or welfare of the patient, provided the following conditions are satisfied:

1. The pharmacist first ascertains to the best of his or her ability, by direct communication with the patient or caregiver, that such a medication or device was prescribed for that patient by order of a practitioner. The pharmacist shall require the patient or caregiver to provide suitable identification. Such communication shall be documented in the patient profile record system maintained pursuant to 13:39-7.19 or in the pharmacy's other manual or electronic files; and

2. The pharmacist documents the dispensing of the emergency supply in the prescription record system.

(b) A pharmacist may dispense an emergency supply of a Schedule II controlled dangerous substance in the absence of a current, valid prescription upon receipt of oral authorization from a practitioner as provided under Federal law pursuant to 21 CFR 1306.11, consistent with the requirements of 13:45H-7.8.

N.J. Admin. Code § 13:39-7.4

New Rule, R.2005 d.25, effective 1/18/2005.
See: 36 N.J.R. 3345(a), 37 N.J.R. 295(a).
Former N.J.A.C. 13:39-7.4, Prescription counter, recodified to N.J.A.C. 13:39-5.5.
Amended by R.2010 d.090, effective 6/21/2010.
See: 42 N.J.R. 132(a), 42 N.J.R. 1221(a).
In the introductory paragraph of (a), substituted "Except as provided in (b) below, in" for "In" and deleted "(except controlled dangerous substances)" following "drug"; in (a)1, substituted "practitioner" for "licensed practitioner; and" and inserted the second and third sentences; rewrote (a)2; and added (b).
Administrative change.
See: 43 N.J.R. 1204(b).