BILL NUMBER: SB 1301AMENDED BILL TEXT 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 to dispense up to a 90-day supply of a 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. 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 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 all of the following requirements are satisfied:(a)(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.(b)(2) The prescriber has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary.(c)(3) The pharmacist is exercising his or her professional judgment. (b) 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.