ASSEMBLY, No. 5248

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED FEBRUARY 28, 2023

 


 

Sponsored by:

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

Assemblyman  REGINALD W. ATKINS

District 20 (Union)

Assemblyman  WILLIAM B. SAMPSON, IV

District 31 (Hudson)

 

Co-Sponsored by:

Assemblyman Rooney and Assemblywoman Speight

 

 

 

 

SYNOPSIS

     Regulates provision of pharmaceutical services in long-term care facilities.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning long-term care facilities and pharmaceutical services and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a. As used in this act:

     "Long-term care facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     “Pharmacist” means a pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.)

     b.    Each long-term care facility shall have a consultant pharmacist and either a provider pharmacist or, if the facility has an in-house pharmacy, a director of pharmaceutical services. 

     c.     A New Jersey licensed pharmacist shall serve as director of pharmaceutical services or as consultant pharmacist. The pharmacist shall comply with federal and State statutes, rules, regulations, and currently accepted standards of practice.

     d.    Each long-term care facility shall have an interdisciplinary pharmacy and therapeutics committee, appointed by and reporting to the facility’s administrator and consisting of at least the administrator, a representative of the nursing staff, and the facility’s consultant pharmacist, with oversight as needed by the facility’s medical director.  The committee may include a licensed pharmacist representing the provider pharmacy.  The committee shall hold meetings at least quarterly.  Records, including the dates of meetings, attendance, activities, findings, and recommendations, shall be maintained by the committee.

     e.     Each long-term care facility shall appoint a consultant pharmacist who is not also the director of pharmaceutical services or pharmacist provider, and who attests that he or she does not have an affiliation with either the facility’s director of pharmaceutical services or the facility’s pharmacist provider.  Following the appointment of the consultant pharmacist, the consultant pharmacist shall avoid all real or potential conflicts of interest with the facility’s director of pharmaceutical services or the facility’s pharmacist provider.

     f.     If a long-term care facility keeps emergency injectable or oral controlled substances, the facility shall ensure that a current Drug Enforcement Administration registration and controlled dangerous substance registration for that location is available.

 

     2. The Commissioner of Health shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.

     3. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill codifies current Department of Health regulations concerning the provision of pharmaceutical services in long-term care facilities, and establishes an additional requirement to aid in preventing certain conflicts of interest.

     Under the bill and current regulations, each long-term care facility is to have a consultant pharmacist and either a provider pharmacist or, if the facility has an in-house pharmacy, a director of pharmaceutical services.  A New Jersey licensed pharmacist is to serve as director of pharmaceutical services or as consultant pharmacist.  The pharmacist is required to comply with federal and State statutes, rules, regulations, and currently accepted standards of practice.

     The bill and current regulations provide that each long-term care facility is to have an interdisciplinary pharmacy and therapeutics committee, appointed by and reporting to the administrator of the facility and consisting of at least the administrator, a representative of the nursing staff, and the facility’s consultant pharmacist, with oversight as needed by the facility’s medical director.  The committee may include a licensed pharmacist representing the provider pharmacy.  The committee is to hold meetings at least quarterly.  Records, including the dates of meetings, attendance, activities, findings, and recommendations, are to be maintained by the committee.

     Under the bill and current regulations, the long-term care facility is to appoint a consultant pharmacist who is not also the director of pharmaceutical services or pharmacist provider.  The bill establishes an additional requirement for consultant pharmacists to attest that the consultant pharmacist does not have an affiliation with either the facility’s director of pharmaceutical services or the facility’s pharmacist provider.  The bill specifies that, following the appointment of the consultant pharmacist, the consultant pharmacist is to avoid all real or potential conflicts of interest with the facility’s director of pharmaceutical services or the facility’s pharmacist provider.