This article is supported through a Cooperative Agreement with the New Jersey Department of Health for opioid crisis response funding through the Centers for Disease Control and Prevention (CDC). The intent of this educational material is to provide opportunities for opioid-response education in New Jersey’s hospitals participating in the New Jersey Graduate Medical Education Subsidy Program.
I. Introduction
The current opioid epidemic continues to ravage the country and impact the delivery of care by healthcare professionals. It is critical for physicians, mid-level providers, and other caregivers to understand the existing laws and regulations governing opioid prescribing with which they must comply and the implications of non-compliance. As the states, including New Jersey, continue to develop innovative ways to prevent and treat substance use disorders and prosecute individuals who are contributing to the epidemic, it is also important for providers to keep abreast of both new and pending legislation. Providers should be familiar with the laws of the states in which they practice as well as neighboring states from which patients may seek treatment. This article examines the key laws in New Jersey and Pennsylvania to provide the reader with a comprehensive and comparative view of the legal framework in these two neighboring states.
This overview will provide practitioners with a summary of the key laws and legal mechanisms around the prescription of opioids, helping them to ensure they deliver quality care within an increasingly robust and complex legal framework. Additionally, practitioners will learn about the consequences of not complying with applicable laws and regulations and be able to decrease their individual risk and the enterprise risk of their affiliated organizations. Providers should not only review this article, but ensure that they fully understand the nuances of compliance with the laws and regulations discussed herein.
Healthcare providers have an important role to play in the national, local and personal fights against addiction and will gain a better understanding or an important reminder of the complex and varied laws that impact their success.
II. State Requirements
A. New Jersey
New Jersey has been hard-hit by the opioid epidemic, and the number of suspected opioid-related deaths has continued to rise in recent years. In 2018 alone, New Jersey saw more than 3,000 deaths believed to be opioid-related. As the rate of drug overdoses continues to skyrocket in the state, New Jersey’s legislature and state agencies have implemented new laws and programs in an attempt to stem the epidemic. These efforts include, among others, new education programs, restrictions on prescribing of opioid medications, and prescription monitoring. According to state data, the new programs may have led to a decrease in opioid prescribing: the number of opioid prescriptions filled statewide has fallen from a high of 5.64 million in 2015 to 5.25 million in 2016, 4.87 million in 2017, and an estimated 4.18 million in 2018 (through Dec. 22, 2018).
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B. Pennsylvania
Pennsylvania has one of the highest rates of overdoses in the country, and the increasing rates of opioid addiction have become one of the most significant public health crises in Pennsylvania’s history. Over the past several years, the legislature has been working closely with the Pennsylvania Department of Health to propose and pass laws to decrease opioid prescribing by providers. The laws focus on prescription monitoring, limitations on prescribing, strengthening consent requirements, increasing access to naloxone, and providing an avenue to report suspicious behavior.
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To read the full article or for more information on the New Jersey Hospital Association’s Opioid Continuing Education Series, visit the NJHA website.
