Bill Text: NJ A4133 | 2014-2015 | Regular Session | Introduced


Bill Title: Allows dispensation of certain nutritional supplements by physician or podiatric physician.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2016-01-19 - Approved P.L.2015, c.296. [A4133 Detail]

Download: New_Jersey-2014-A4133-Introduced.html

ASSEMBLY, No. 4133

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 5, 2015

 


 

Sponsored by:

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Allows dispensation of certain nutritional supplements by physician or podiatric physician.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning dispensation of certain nutritional supplements and amending P.L.1991, c.187.

 

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

 

     1.    Section 46 of P.L.1991, c.187 (C.45:9-22.11) is amended to read as follows:

     46.  A physician shall not dispense more than a seven-day supply of drugs or medicines to any patient.  The drugs or medicines shall be dispensed at or below the cost the physician has paid for the particular drug or medicine, plus an administrative cost not to exceed 10% of the cost of the drug or medicine.

     The provisions of this section shall not apply to a physician:

     a.    who dispenses drugs or medicines in a hospital emergency room, a student health center at an institution of higher education, or a publicly subsidized community health center, family planning clinic or prenatal clinic, if the drugs or medicines that are dispensed are directly related to the services provided at the facility;

     b.    whose practice is situated 10 miles or more from a licensed pharmacy;

     c.    when he dispenses allergenic extracts and injectables;

     d.    when he dispenses drugs pursuant to an oncological or AIDS protocol;

     e.    when he dispenses salves, ointments or drops; or

     f.     when he dispenses a drug or medicine delivered to the eye through a contact lens.

     The provisions of this section shall not apply to a licensed physician, podiatric physician or chiropractic physician who dispenses food concentrates, food extracts, vitamins, minerals, herbs, enzymes, amino acids, tissue or cell salts, glandular extracts, neutraceuticals, botanicals, homeopathic remedies, and other nutritional supplements.

(cf: P.L.2010, c.12, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill permits physicians and podiatric physicians to dispense and charge for certain nutritional supplements.  Current law generally restricts physicians from dispensing more than a seven-day supply of most drugs, including nutritional supplements, and limits administrative charges to patients to 10 percent of a drug's
cost.  The current law exempts chiropractic physicians from this general restriction when dispensing certain nutritional supplements. The bill includes physicians and podiatric physicians in this exemption, so that they are also permitted to dispense and charge for nutritional supplements.

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