Legislative Update

New Jersey Nurse, Nov/Dec 2004 by Rainer, Sharon

Go to www.njleg.state.nj.us for more information on the bills and contact information for members of each of the committees.

A1721/S689-SUPPORT-Hospital Nursing homes-compile staffing info & report to DHHS. A1727 passed in the Assembly back in June. The measure now moves to the Senate for consideration. Senator Vitale is the prime sponsor of S689. This bill would require hospitals and nursing home to compile and make available to the public certain staffing and patient care information. The bill requires monthly reports to the Commissioner of Health in a manner prescribed by the commissioner. The commissioner shall make this information available ot the public on a quarterly basis, accompanied by a written explanation which the commissioner shall prepare in consultation with the Quality Improvement Advisory Committee established by the commissioner to assist members of the public in interpreting the information reported pursuant to this law.

S1550-Child mental health facility employee background checks. This bill amends the laws requiring criminal history record background checks for employees of a facility for the mentally ill or the developmentally disabled, and for community agency heads or employees of a community agency for the provision of services for persons with developmental disabilities.

Specifically, the bill provides that if these criminal history record background checks reveal a conviction for a crime or offense against children under N.J.S.A.2C:24-4, those individuals who work directly with children would be permanently disqualified from employment at a facility for the mentally ill or the developmentally disabled or a community agency for the provision of services for persons with developmental disabilities.

A 3281 (Weinberg)-SUPPORT-DEA registration numbers-restrict third party use. This bill is intended to restrict the inappropriate third-party use of practitioners' federal Drug Enforcement Administration (DEA) registration numbers. A pharmacist is prohibited from requiring that a practitioner furnish a DEA registration number on a New Jersey Prescription Blank or otherwise disclose the number to the pharmacist as a condition of filling a prescription, unless the prescription is for a controlled dangerous substance. A pharmacist who violates this provision is liable to a civil penalty in an amount not to exceed $10,000 for each violation.

The provisions of this bill are consistent with previous DEA recommendations to restrict the use of DEA registration numbers to their intended purpose of tracking controlled dangerous substances. The use of DEA registration numbers by health insurers, pharmaceutical companies, and durable medical equipment suppliers for other purposes creates a potential opportunity for these numbers to be accessed by those engaged in illicit drug sales and use and used for fraudulent prescriptions. It is anticipated that the enactment of this bill would encourage the use of practitioners' license numbers, in lieu of DEA registration numbers, as the identifier used by health insurers and other third parties with respect to prescriptions for non-controlled drugs.

This measure is expected to pass out of committee and move to the full Assembly for a vote by the end of the year. A senate version of this bill has not been introducted.