45:9-22.11 - Dispensing of drugs to patient limited; exceptions
45:9-22.11 Dispensing of drugs to patient limited; exceptions.
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 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.
L.1991, c.187, s.46; amended 2009, c. 322, s.2; 2010, c.12, s.1.