Bill Text: NJ S1642 | 2018-2019 | Regular Session | Amended
Bill Title: Requires physicians and other prescribers to obtain informed consent from parents or guardians of minors for certain medications with "black box warnings."
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2019-05-13 - Reported from Senate Committee with Amendments, 2nd Reading [S1642 Detail]
Download: New_Jersey-2018-S1642-Amended.html
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator MICHAEL J. DOHERTY
District 23 (Hunterdon, Somerset and Warren)
Co-Sponsored by:
Senator Greenstein
SYNOPSIS
Requires physicians and other prescribers to obtain informed consent from parents or guardians of minors for certain medications with "black box warnings."
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on May 13, 2019, with amendments.
An Act concerning the prescribing of certain medications to minors and supplementing Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Prior to prescribing for an individual under 18 years of age any psychotropic medication, including but not limited to medication for the treatment of Attention Deficit Disorder or Attention Deficit and Hyperactivity Disorder, required by the federal Food and Drug Administration to have a "black box warning" on its labeling, a physician or other authorized prescriber shall inform the individual's parent or legal guardian about the possible side effects of the medication and shall obtain informed written consent from the individual's parent or legal guardian 1[for the notification] acknowledging receipt of the notification and authorizing issuance of the prescription1. In the event written consent cannot be obtained 1but oral consent is provided1, the physician or other authorized prescriber shall make a notation in the patient's file setting forth the date and circumstances of the informed consent.
A physician or other authorized prescriber who prescribes a medication in violation of this act shall be subject to disciplinary action by the State Board of Medical Examiners.
12. Prior to prescribing for an individual under 18 years of age any psychotropic medication, including but not limited to medication for the treatment of Attention Deficit Disorder or Attention Deficit and Hyperactivity Disorder, required by the federal Food and Drug Administration to have a "black box warning" on its labeling, a physician assistant shall inform the individual's parent or legal guardian about the possible side effects of the medication, and shall obtain informed written consent from the individual's parent or legal guardian acknowledging receipt of the notification and authorizing issuance of the prescription. In the event written consent cannot be obtained but oral consent is provided, the physician assistant shall make a notation in the patient's file setting forth the date and circumstances of the informed consent.
A physician assistant who prescribes a medication in violation of this act shall be subject to disciplinary action by the State Board of Medical Examiners.1
1[2.] 3.1 Prior
to prescribing for an individual under 18 years of age any psychotropic
medication, including but not limited to
medication for the treatment of Attention Deficit Disorder or Attention Deficit
and Hyperactivity Disorder, required by the federal Food and Drug
Administration to have a "black box warning" on its labeling, an advanced
practice nurse shall inform the individual's parent or legal guardian about the
possible side effects of the medication and shall obtain informed written
consent from the individual's parent or legal guardian 1[for the
notification]
acknowledging receipt of the notification and authorizing issuance of the
prescription1.
In the event written consent cannot be obtained 1but oral consent is
provided1,
the advanced practice nurse shall make a notation in the patient's file setting
forth the date and circumstances of the informed consent.
An advanced practice nurse who prescribes a medication in violation of this act shall be subject to disciplinary action by the New Jersey Board of Nursing.
1[3.] 4.1 The Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Health, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968 c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act.
1[4.] 5.1 This act shall take effect 180 days after enactment.
