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

Adopted Amendments: N.J.A.C. 13:45A-27.3, 27.7, 27.8 and 27.9

New Jersey Uniform Prescription Blanks Program

NJPB Required for Prescriptions; Manufacture and Distribution by Approved Vendors; Withdrawal or Termination from NJPB Program; NJPB Printing Specifications; Vendor Requirements

Proposed: July 6, 2009 at 41 N.J.R. 2624(a).
Adopted: October 5, 2009 by David Szuchman, Director, New Jersey Division of Consumer Affairs.

Filed: January 14, 2010 as R.2010 d.043, without change.
Authority: P.L. 2007, c. 244 (N.J.S.A. 45:14-59).

Effective Date: February 16, 2010.
Expiration Date: March 21, 2011.

Federal Standards Statement
A Federal standards analysis is not required because the adopted amendments are governed by P.L. 2007, c. 244, codified as N.J.S.A. 45:14-59, and are not subject to any Federal requirements or standards. The Division notes, however, that the adopted amendment to N.J.A.C. 13:45A-27.8 requiring NPI numbers to be preprinted on all NJPBs for prescribers and healthcare facilities in the State that have obtained NPI numbers will help foster compliance with the Federal NPI standard, set forth in 45 CFR 162.402 et seq. Federal law requires prescribers and healthcare facilities that are covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. ßß201 et seq., to utilize the NPI number assigned to them for reimbursement purposes.

Full text of the adoption follows:

13:45A-27.3   NJPB required for prescriptions

(a) (No change.)

(b) A licensed prescriber affiliated with a healthcare facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), may use the NJPB of the licensed facility provided that:

1. (No change.)

2. The name and license number of the licensed prescriber, and the prescriber's National Provider Identifier (NPI) number, if the prescriber has obtained an NPI number, is legibly written, typed, stamped or otherwise affixed to the NJPB;

3.-4. (No change.)

(c)-(d) (No change.)

(e) A prescription transmitted verbally or transmitted electronically by telephone, facsimile, modem or other means to a pharmacy by a licensed prescriber shall be exempt from the requirement of utilizing an NJPB if the licensed prescriber provides the pharmacist with his or her license number, DEA number, as appropriate to the particular prescription and NPI number, if the prescriber has obtained an NPI number, at the time of transmission of the prescription, and the pharmacist satisfies the requirements of N.J.A.C. 13:39-5.8, 5.8A or 5.8B.

1. (No change.)

(f) (No change.)

13:45A-27.7   Manufacture and distribution by approved vendors; withdrawal or termination from NJPB program

(a)-(b) (No change.)

(c) A vendor's approval to participate in the NJPB program may be terminated by the Division upon 14 days written notice for any failure to comply with the requirements as set forth in this subchapter or the NJPB program specifications. The Division shall provide the vendor with the opportunity to respond in writing to any allegation of a failure to comply with NJPB program requirements. A vendor whose approval to participate in the NJPB program is terminated by the Division shall notify, in writing, within seven days of such termination, each licensed prescriber and healthcare facility that ordered NJPBs from the vendor within the previous six months.

(d)-(g) (No change.)

13:45A-27.8   NJPB printing specifications

(a)-(d) (No change.)

(e) The upper portion of the front side of each NJPB shall include the following information, printed in black ink:

1. The batch number;

2. The consecutive or serialized number;

3. The prescriber or healthcare facility name;

4. The prescriber or healthcare facility National Provider Identifier (NPI) number, if the prescriber or healthcare facility has obtained an NPI number;

5. The prescriber or healthcare facility address, which may be an address other than the address of record, but which shall not be a post office box; and

6. The license, certification or authorization number of the licensed prescriber, or the provider number of the healthcare facility.

(f)-(j) (No change.)

(k) At the request of a licensed prescriber or licensed healthcare facility, NJPBs may be pre-printed with the following:

1.-3. (No change.)

4. The statement "NOT VALID FOR CONTROLLED SUBSTANCES" on the face of the NJPB in black ink; and

5. DEA numbers.

(l)-(o) (No change.)

[page=593] 13:45A-27.9 Vendor requirements

(a)-(e) (No change.)

(f) Vendors shall be capable of producing NJPBs in the following forms:

1. A single non-erasable and non-reproducible NJPB form; and

2.-4. (No change.)

(g) (No change.)

(h) Vendors shall maintain an on-site computerized database, which shall:

1. Include the following data fields for each licensed prescriber and healthcare facility:

i.-vi. (No change.)

vii. National Provider Identifier (NPI) number, if the licensed prescriber or healthcare facility has obtained an NPI number;

Recodify existing vii.-ix. as viii.-x. (No change in text.)

2. (No change.)
   
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