New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 35 - BOARD OF MEDICAL EXAMINERS › Subchapter 7 - PRESCRIPTION, ADMINISTRATION AND DISPENSING OF DRUGS › Section 13:35-7.6 - Limitations on prescribing, administering, or dispensing of controlled dangerous substances; special requirements for management of acute and chronic pain

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
"Acute pain" means the pain, whether resulting from disease, accidental or intentional trauma, or other cause, that the practitioner reasonably expects to last only a short period of time. "Acute pain" does not include chronic pain, pain being treated as part of cancer care, hospice or other end of life care, or pain being treated as part of palliative care.
"Chronic pain" means pain that persists or recurs for more than three months.
"Initial prescription" means a prescription issued to a patient who:
1. Has never previously been issued a prescription for the drug or its pharmaceutical equivalent; or
2. Was previously issued a prescription for, or used or was administered the drug or its pharmaceutical equivalent, and the date on which the current prescription is being issued is more than one year after the date the patient last used or was administered the drug or its equivalent. When determining whether a patient was previously issued a prescription for, or used or was administered a drug or its pharmaceutical equivalent, the practitioner shall consult with the patient, review prescription monitoring information, and, to the extent it is available to the practitioner, review the patient's medical record.
"Opioid antidote" means any drug, regardless of dosage amount or method of administration, that has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote" includes, but is not limited to, naloxone hydrochloride, in any dosage amount, that is administered through nasal spray or any other FDA-approved means or methods.
"Palliative care" means care provided to an individual suffering from an incurable progressive illness that is expected to end in death, which is designed to decrease the severity of pain, suffering, and other distressing symptoms, and the expected outcome of which is to enable the individual to experience an improved quality of life.
"Practitioner" means an individual currently licensed, registered, or otherwise authorized to prescribe drugs in the course of professional practice, to include a physician, a podiatrist, a physician assistant, and a certified nurse midwife, acting within the scope of practice of his or her professional license or certification.
"Treatment plan" means a memorialization of the objectives by which treatment success is to be evaluated, including, when treating the patient for pain, the specific objectives for pain relief and improved physical and psychological function and any further diagnostic evaluations or other treatments planned, with particular focus on determining the cause of the patient's pain, and when treating chronic pain, the terms of the pain management agreement.