BILL NUMBER: SB 1301	AMENDED
	BILL TEXT

	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, 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
 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, 
he or she   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  "Dispense as written"  
"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.
   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   an initial quantity of
less than a 90-day supply  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 patient has completed an initial 30-day supply of the
dangerous drug.  
   (1) 
    (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. 
   (2) 
    (3)  The prescriber has not specified on the
prescription that dispensing the prescription in an initial amount
followed by periodic refills is medically necessary. 
   (3) 
    (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.  
   (b) 
    (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. 
   (c) 
    (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,  "Dispense as written,"   "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  "Dispense as written,"  
"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 
"Dispense as written,"   "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  "Dispense as written."   "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. 
   (d) 
    (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. 
   (e) 
    (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.