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, Assemblywomen Speight, Jasey, Assemblyman Freiman and Assemblywoman Park
SYNOPSIS
Regulates provision of pharmaceutical services in nursing homes.
CURRENT VERSION OF TEXT
As reported by the Assembly Health Committee on November 20, 2023, with amendments.
An Act concerning 1[long-term care facilities] nursing homes1 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:
1["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.)] "Nursing home" means a long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) to provide professional nursing care on a daily basis and includes intermediate care facilities pursuant to P.L.1975, c.397 (C.26:2H-29 et seq.), as well as the distinct part of another health care facility or continuing care retirement community that is licensed to provide skilled nursing care services pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). For the purposes of this act, nursing home shall not include: an acute care hospital; assisted living facility; comprehensive personal care home; dementia care home; residential health care facility; adult day health care facility; alternate family care program; adult family care program; home health care agency; State psychiatric hospital; county health care facility, including, but not limited to, county geriatric center, county nursing home or other county long-term care facility; the New Jersey Firemen's Home; or a health care facility operated by the Department of Military and Veterans' Affairs1.
“Pharmacist” means a pharmacist licensed pursuant to P.L.2003, c.280 (C.45:14-40 et seq.)
b. Each 1[long-term care facility] nursing home1 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 1[long-term care facility] nursing home1 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 1[long-term care facility] nursing home1 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 1[long-term care facility] nursing home1 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.