BILL NUMBER: SB 1301 CHAPTERED
BILL TEXT
CHAPTER 455
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2012
APPROVED BY GOVERNOR SEPTEMBER 22, 2012
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JUNE 21, 2012
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, 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 to dispense not more than a
90-day supply of a dangerous drug other than a controlled substance
pursuant to a valid prescription if the patient has completed an
initial 30-day supply of the drug, except as specified, the
pharmacist is exercising his or her professional judgment, the
pharmacist 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 dangerous drug pursuant to
these provisions if the prescriber indicates "No change to quantity"
or words of similar meaning, as specified. The bill would require a
pharmacist dispensing an increased supply of a dangerous drug
pursuant to these provisions to notify the prescriber of the increase
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.
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 an initial quantity of less
than a 90-day supply followed by periodic refills of that amount if
all of the following requirements are satisfied:
(1) The patient has completed an initial 30-day supply of the
dangerous drug.
(2) 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.
(3) The prescriber has not specified on the prescription that
dispensing the prescription in an initial amount followed by periodic
refills is medically necessary.
(4) The pharmacist is exercising his or her professional judgment.
(b) For purposes of this section, if the prescription continues
the same medication as previously dispensed in a 90-day supply, the
initial 30-day supply under paragraph (1) of subdivision (a) is not
required.
(c) A pharmacist dispensing an increased supply of a dangerous
drug pursuant to this section shall notify the prescriber of the
increase in the quantity of dosage units dispensed.
(d) 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, "No change
to quantity," or words of similar meaning. Nothing in this
subdivision shall prohibit a prescriber from checking a box on a
prescription marked "No change to quantity," provided that the
prescriber personally initials the box or checkmark. To indicate that
an increased supply shall not be dispensed pursuant to this section
for an electronic data transmission prescription as defined in
subdivision (c) of Section 4040, a prescriber may indicate "No change
to quantity," or words of similar meaning, in the prescription as
transmitted by electronic data, or may check a box marked on the
prescription "No change to quantity." In either instance, it shall
not be required that the prohibition on an increased supply be
manually initialed by the prescriber.
(e) 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.
(f) 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.