N.J.S.A 45:1-49 Penalties.

45:1-49 Penalties.

29. PenaltieS.

a. A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of Phamplet Law 2007, Chapter 244 (45:1-45 Prescription Monitoring Program; requirementS.), who knowingly fails to submit data as required, shall be subject to disciplinary action pursuant to section 8 of P.L.1978, C. 73 (45:1-21 Refusal to license or renew, groundS.) and may be subject to a civil penalty in an amount not to exceed $1,000 for failure to comply with sections 25 through 30 of Phamplet Law 2007, Chapter 244 (45:1-45 Prescription Monitoring Program; requirementS. through 45:1-50 Authority to contract.).

b. (1) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner, or any other person or entity who knowingly obtains or attempts to obtain prescription monitoring information in violation of the provisions of sections 25 through 30 of Phamplet Law 2007, Chapter 244 (45:1-45 Prescription Monitoring Program; requirementS. through 45:1-50 Authority to contract.) shall be subject to a civil penalty in an amount not to exceed $10,000.

(2) A pharmacy permit holder, pharmacist, mental health practitioner, licensed health care professional, or practitioner who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of Phamplet Law 2007, Chapter 244 (45:1-45 Prescription Monitoring Program; requirementS. through 45:1-50 Authority to contract.), shall also be subject to disciplinary action pursuant to section 8 of P.L.1978, C. 73 (45:1-21 Refusal to license or renew, groundS.).

C. In addition to any other penalty provided by law, a person who is authorized to obtain prescription monitoring information from the Prescription Monitoring Program who knowingly discloses such information in violation of the provisions of sections 25 through 30 of Phamplet Law 2007, Chapter 244 (45:1-45 Prescription Monitoring Program; requirementS. through 45:1-50 Authority to contract.) shall be guilty of a crime of the fourth degree and shall be subject to a civil penalty in an amount not to exceed $10,000.

d. In addition to any other penalty provided by law, a person who is authorized to obtain prescription monitoring information from the Prescription Monitoring Program who uses this information in the course of committing, attempting to commit, or conspiring to commit any criminal offense shall be guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction under this subsection shall not merge with a conviction of any other offense, nor shall any other conviction merge with a conviction under this subsection. The court shall impose separate sentences upon a conviction under this subsection and any other criminal offense.

e. In addition to any other penalty provided by law, a person who is not authorized to obtain prescription monitoring information from the Prescription Monitoring Program who knowingly obtains or attempts to obtain such information in violation of the provisions of sections 25 through 30 of Phamplet Law 2007, Chapter 244 (45:1-45 Prescription Monitoring Program; requirementS. through 45:1-50 Authority to contract.), shall be guilty of a crime of the fourth degree.

f. A civil penalty imposed under this section shall be collected by the director pursuant to the “Penalty Enforcement Law of 1999,” Phamplet Law 1999, Chapter 274 (C. 2A:58-10 et seq.).

L.2007, C. 244, S.29; amended 2015, C. 74, S.6.

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