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RULE PROPOSALS
VOLUME 42, ISSUE 4
ISSUE DATE: FEBRUARY 16, 2010
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS

N.J.A.C. 13:45A-27

            Notice of Pre-Proposal

            Administrative Rules of the Division of Consumer Affairs

            New Jersey Uniform Prescription Blanks Program

Authorized By: David Szuchman, Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:14-59.

Pre-Proposal Number: PPR 2010-001.

   Take notice that the Division of Consumer Affairs (Division) is soliciting comments regarding amendments to its rules in N.J.A.C. 13:45A-27 governing the printing of New Jersey Prescription Blanks (NJPBs).

   The Division believes that several recent incidents of fraudulently produced NJPBs highlight the need for increased security in order to combat prescription drug diversion in the State. In one of the more troubling instances, the base stock used to produce NJPBs was diverted from a Division-approved printer vendor by individuals who used the base stock to produce counterfeit prescription blanks. In another instance, individuals were able to duplicate NJPB base stock for use in producing counterfeit blanks.

   The Division invites comment on various measures it is considering to enhance security and reduce the likelihood of prescription forgeries. The Division is considering a single paper source for the base stock for all NJPBs. All approved printer vendors would be required to purchase base stock from the single paper source supplier. The Division intends to select the single paper source supplier utilizing the State's Request for Proposal process.

   The Division also invites comment on the type of security features that should be added to NJPBs to make the blanks as secure as possible. The Division contemplates requiring all security features to be incorporated in the NJPB base stock by the single paper source supplier, or in the alterative, requiring certain features to be incorporated in the base stock and other features to be added to the NJPB by the Division's approved printer vendors during the printing process. The Division is requesting comment on the feasibility of both options and information concerning which option would result in the greatest degree of security.

   The Division is also considering requiring all approved printer vendors to be physically located in New Jersey in order to facilitate enforcement activities by helping to ensure Division access to printer vendor facilities. The recent incidents involving the diversion of NJBP base stock from approved printer vendors demonstrates that increased inspection activities are necessary to combat fraud and promote public safety.

   Comments on this pre-proposal should be sent by April 17, 2010 to: David Szuchman, Director, Division of Consumer Affairs, Post Office Box 45027, Newark, New Jersey 07101.
   
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