BILL NUMBER: SB 1301	AMENDED
	BILL TEXT

	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  up to   not more than  a
90-day supply of  a   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 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  up to 
 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) 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.  
   (b) 
    (d)  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.