Bill Text: CA SB1301 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Prescription drugs: 90-day supply.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-09-22 - Chaptered by Secretary of State. Chapter 455, Statutes of 2012. [SB1301 Detail]

Download: California-2011-SB1301-Amended.html

---

BILL NUMBER: SB 1301	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 16, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Hernandez
   (Principal coauthor: Assembly Member Mitchell)
   (Coauthor: Senator Emmerson)

                        FEBRUARY 23, 2012

   An act to add Section 4064.5 to the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1301, as amended, Hernandez. Prescription drugs: 90-day supply.

   Existing law, the Pharmacy Law, provides for the licensure and
regulation of the practice of pharmacy by the California State Board
of Pharmacy. Existing law prohibits a person from furnishing a
dangerous drug except upon the prescription of specified
practitioners, except as specified. Existing law authorizes a
pharmacist filling a prescription order for a drug product to
substitute a generic drug product or a drug product with a different
form of medication having the same active chemical ingredients of
equivalent strength and duration of therapy as the prescribed drug
product, subject to specified requirements. Existing law also
authorizes a pharmacist to refill a prescription for a dangerous drug
without the prescriber's authorization under specified
circumstances.
   This bill would authorize a pharmacist, if the patient has
completed an initial 30-day supply of a dangerous drug, to dispense
not more than a 90-day supply of that dangerous drug other than a
controlled substance pursuant to a valid prescription if the
pharmacist is exercising his or her professional judgment, he or she
dispenses no more than the total amount prescribed, including
refills, and the prescriber has not specified on the prescription
that dispensing the prescription in an initial amount followed by
periodic refills is medically necessary.  The bill would prohibit
a pharmacist from dispensing a dang   erous drug pursuant
to these provisions if the prescriber personally indicates "Dispense
as written" or words of similar meaning.  The bill would require
a pharmacist dispensing a dangerous drug pursuant to these
provisions to notify the prescriber of the change in the quantity of
dosage units dispensed. The bill would provide that these provisions
are not applicable to psychotropic medication or psychotropic drugs,
as described.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4064.5 is added to the Business and Professions
Code, to read:
   4064.5.  (a) A pharmacist may dispense not more than a 90-day
supply of a dangerous drug other than a controlled substance pursuant
to a valid prescription that specifies the initial dispensing of a
lesser amount followed by periodic refills of that amount if the
patient has completed an initial 30-day supply of the dangerous drug
and all of the following requirements are satisfied:
   (1) The total quantity of dosage units dispensed does not exceed
the total quantity of dosage units authorized by the prescriber on
the prescription, including refills.
   (2) The prescriber has not specified on the prescription that
dispensing the prescription in an initial amount followed by periodic
refills is medically necessary.
   (3) The pharmacist is exercising his or her professional judgment.

   (b) A pharmacist dispensing a dangerous drug pursuant to this
section shall notify the prescriber of the change in the quantity of
dosage units dispensed. 
   (c) In no case shall a pharmacist dispense a greater supply of a
dangerous drug pursuant to this section if the prescriber personally
indicates, either orally or in his or her own handwriting, "Dispense
as written," or words of similar meaning.  
   (c) 
    (d)  This section shall not apply to psychotropic
medication or psychotropic drugs as described in subdivision (d) of
Section 369.5 of the Welfare and Institutions Code. 
   (d) 
    (e)  Nothing in this section shall be construed to
require a health care service plan, health insurer, workers'
compensation insurance plan, pharmacy benefits manager, or any other
person or entity, including, but not limited to, a state program or
state employer, to provide coverage for a dangerous drug in a manner
inconsistent with a beneficiary's plan benefit.