Substitute Senate Bill No. 1102
Public Act No. 23-19
AN ACT CONCERNING PHARMACIES AND PHARMACISTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 20-571 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
As used in this chapter and sections 2 to 4, inclusive, of this act, unless
the context otherwise requires:
(1) "Administer" or ["Administration"] "administration" means the
direct application of a drug or device to the body of a patient or research
subject by injection, inhalation, ingestion or any other means;
(2) "Automated prescription dispensing machine" means a device
and associated software operated by a pharmacy or a pharmacy that is
registered as a nonresident pharmacy pursuant to section 20-627, in a
nursing home or skilled nursing facility licensed pursuant to sections
19a-490 and 19a-491, that packages and labels patient-specific
medication or multiple medications for the purposes of administration
by a registered nurse or a licensed practical nurse based on a
prescription that has completed final verification by a licensed
pharmacist;
(3) "Care-giving institution" means an institution that provides Substitute Senate Bill No. 1102
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medical services and is licensed, operated, certified or approved by the
Commissioner of Public Health, the Commissioner of Developmental
Services or the Commissioner of Mental Health and Addiction Services;
(4) "Commission" means the Commission of Pharmacy appointed
under the provisions of section 20-572;
(5) "Commissioner" means the Commissioner of Consumer
Protection;
(6) "Compound" means to combine, mix or put together two or more
ingredients pursuant to a prescription and includes the preparation of
drugs or devices in anticipation of prescriptions based on routine,
regularly-observed prescribing patterns;
(7) "Correctional or juvenile training institution" means a facility for
the detention or incarceration of persons convicted or accused of crimes
or offenses or for training of delinquent juveniles, including those state
facilities under the jurisdiction of the Commissioner of Correction,
training schools for delinquent juveniles and any other facilities
operated by the state or municipalities for such detention, incarceration
or training;
(8) "Device" means instruments, apparatuses and contrivances,
including their components, parts and accessories, intended: (A) [for]
For use in the diagnosis, cure, mitigation, treatment or prevention of
disease in humans or other animals; [,] or (B) to affect the structure or
any function of the body of humans or other animals, but does not mean
contact lenses;
(9) "Department" means the Department of Consumer Protection;
(10) "Deprescribing" means the systematic process of identifying and
discontinuing drugs in instances in which existing or potential harms
outweigh existing or potential benefits within the context of an Substitute Senate Bill No. 1102
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individual patient's care goals, current level of functioning, life
expectancy, values and preferences;
(11) "Dispense" means those acts of processing a drug or device for
delivery or for administration for a patient pursuant to a prescription
consisting of: (A) Comparing the directions on the label with the
directions on the prescription to determine accuracy; (B) the selection of
the drug or device from stock to fill the prescription; (C) the counting,
measuring, compounding or preparation of the drug or device; (D) the
placing of the drug or device in the proper container; (E) the affixing of
the label to the container; and (F) the addition to a written prescription
of any required notations. "Dispense" does not include the acts of
delivering a drug or device to a patient or of administering the drug or
device to the patient;
(12) "Dispensing outpatient facility" means a facility operated by a
corporation or municipality which provides medical services to patients
on an outpatient basis and which maintains stocks of drugs for
dispensing of drugs on a regular basis to patients for use off the
premises;
(13) "Drug" means: (A) [an] An article recognized in the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia of
the United States or official National Formulary, or any supplement to
any of them; [,] (B) an article intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or other
animals; [,] (C) an article, other than food, intended to affect the
structure or any function of the body of humans or any other animal; [,]
and (D) an article intended for use as a component of any article
specified in this subdivision, but does not include a device;
(14) "Health care institution" means institution, as defined in section
19a-490; Substitute Senate Bill No. 1102
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(15) "Health care institutional pharmacy" means an institutional
pharmacy located within a health care institution;
[(14)] (16) "Institutional pharmacy" means that area within a care-
giving institution or within a correctional or juvenile training
institution, commonly known as the pharmacy, that is under the direct
charge of a pharmacist and in which drugs are stored and dispensed;
[(15)] (17) "Legend device" means a device that is required by
applicable federal or state law to be dispensed pursuant only to a
prescription or is restricted to use by prescribing practitioners only or
that, under federal law, is required to bear either of the following
legends: (A) "RX ONLY" IN ACCORDANCE WITH GUIDELINES
ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC
ACT; or (B) "CAUTION: FEDERAL LAW RESTRICTS THIS DEVICE
FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.";
[(16)] (18) "Legend drug" means a drug that is required by any
applicable federal or state law to be dispensed pursuant only to a
prescription or is restricted to use by prescribing practitioners only, or
means a drug that, under federal law, is required to bear either of the
following legends: (A) "RX ONLY" IN ACCORDANCE WITH
GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND
COSMETIC ACT; or (B) "CAUTION: FEDERAL LAW RESTRICTS THIS
DRUG FOR USE BY OR ON THE ORDER OF A LICENSED
VETERINARIAN.";
[(17)] (19) "Medical device and oxygen provider" means a person who
distributes devices or oxygen pursuant to a medical order or
prescription, except if such person already maintains an active
pharmacy license;
[(18)] (20) "Medication reconciliation" means a process of comparing
the medications a patient is taking and should be taking with newly Substitute Senate Bill No. 1102
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ordered medications: (A) [for] For the purpose of addressing
duplications, omissions and interactions and the need to continue
current medications; [,] and (B) by looking at information such as the
medication name, dose, frequency, route of administration and
purpose;
[(19)] (21) "Nonlegend device" means a device that is not a legend
device;
[(20)] (22) "Nonlegend drug" means a drug that is not a legend drug;
(23) "Nonresident pharmacy" has the same meaning as provided in
section 20-627;
[(21)] (24) "Person" means an individual, corporation, business trust,
estate trust, partnership, association, joint venture or any other legal or
commercial entity;
[(22)] (25) "Pharmacist" means an individual who is licensed to
practice pharmacy under the provisions of section 20-590, 20-591, 20-592
or 20-593, and who is thereby recognized as a health care provider by
the state of Connecticut;
[(23)] (26) "Pharmacy" means a place of business where drugs and
devices may be sold at retail and for which a pharmacy license has been
issued to an applicant under the provisions of section 20-594, as
amended by this act;
[(24)] (27) "Pharmacy intern" means an individual registered under
the provisions of section 20-598;
[(25)] (28) "Pharmacy technician" means an individual who is
registered with the department and qualified in accordance with section
20-598a;
[(26)] (29) "Polypharmacy" means the use of multiple drugs by a Substitute Senate Bill No. 1102
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patient, including any medication that is inappropriate or not medically
necessary, such as those not indicated, not effective or constituting a
therapeutic duplication;
[(27)] (30) "Practice of pharmacy" or "to practice pharmacy" means the
sum total of knowledge, understanding, judgments, procedures,
securities, controls and ethics used by a pharmacist to assure optimal
safety and accuracy in the distributing, dispensing and use of drugs and
devices;
[(28)] (31) "Prescribing practitioner" means an individual licensed by
the state of Connecticut, any other state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or any territory or
insular possession subject to the jurisdiction of the United States who is
authorized to issue a prescription within the scope of the individual's
practice;
[(29)] (32) "Prescription" means a lawful order of a prescribing
practitioner transmitted either orally, in writing or by electronic means
for a drug or device for a specific patient;
[(30)] (33) "Sale" includes barter, exchange or gift or offer and each
such transaction made by a person whether as principal proprietor,
agent, servant or employee;
[(31)] (34) "Substitute" means to dispense without the prescribing
practitioner's express authorization a different drug product than the
drug product prescribed;
[(32)] (35) "Third-party logistics provider" means a person who
distributes drugs, devices or cosmetics while taking possession of the
drugs, devices or cosmetics but who does not take title of the drugs,
devices or cosmetics;
[(33)] (36) "Virtual manufacturer" means a person who engages in the Substitute Senate Bill No. 1102
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manufacture of drugs, devices or cosmetics for which such person: (A)
Owns the new drug application or abbreviated new drug application
number, if a prescription drug; (B) owns the unique device identification
number, as available, for a prescription device; (C) contracts with a
contract manufacturing organization for the physical manufacture of
the drugs, devices or cosmetics; (D) is not involved in the physical
manufacture of the drugs, devices or cosmetics; and (E) at no time takes
physical possession of or stores the drugs, devices or cosmetics; and
[(34)] (37) "Virtual wholesale distributor" means a person who
facilitates or brokers the transfer of drugs, devices or cosmetics without
taking physical possession of the drugs, devices or cosmetics.
Sec. 2. (NEW) (Effective July 1, 2023) (a) For the purposes of this
section:
(1) "COVID-19" means the respiratory disease designated by the
World Health Organization on February 11, 2020, as coronavirus 2019,
and any related mutation thereof recognized by said organization;
(2) "COVID-19-related test" means any laboratory test, or series of
laboratory tests, for any virus, antibody, antigen or etiologic agent
thought to cause, or indicate the presence of, COVID-19;
(3) "HIV-related prophylaxis" means any drug approved by the
federal Food and Drug Administration or any successor agency as a pre-
exposure or post-exposure prophylaxis for the human
immunodeficiency virus;
(4) "HIV-related test" has the same meaning as provided in section
19a-7o of the general statutes; and
(5) "Influenza-related test" means any laboratory test, or series of
laboratory tests, for any virus, antibody, antigen or etiologic agent
thought to cause, or indicate the presence of, influenza disease. Substitute Senate Bill No. 1102
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(b) (1) Any pharmacist licensed under chapter 400j of the general
statutes may order, and administer to a patient, a COVID-19-related test
or influenza-related test if: (A) Such pharmacist (i) is employed by a
pharmacy that has submitted to the Department of Public Health a
complete clinical laboratory improvement amendment application for
certification for the COVID-19-related test or influenza-related test and
the Department of Public Health has approved such application, and (ii)
has completed any training required by the Department of Consumer
Protection; and (B) the patient is (i) eighteen years of age or older, or (ii)
at least twelve years of age but younger than eighteen years of age with
(I) the consent of such patient's parent, legal guardian or other person
having legal custody of such patient, or (II) proof that such patient is an
emancipated minor.
(2) Any pharmacist licensed under chapter 400j of the general statutes
may order, and administer to a patient, a COVID-19-related test or
influenza-related test if: (A) Such pharmacist is employed by a hospital;
and (B) the patient is (i) eighteen years of age or older, or (ii) at least
twelve years of age but younger than eighteen years of age with (I) the
consent of such patient's parent, legal guardian or other person having
legal custody of such patient, or (II) proof that such patient is an
emancipated minor.
(c) (1) On or after the adoption of regulations pursuant to subsection
(g) of this section, any pharmacist licensed under chapter 400j of the
general statutes may order, and administer to a patient, an HIV-related
test if: (A) Such pharmacist (i) is employed by a pharmacy that has
submitted to the Department of Public Health a complete clinical
laboratory improvement amendment application for certification for the
HIV-related test and the Department of Public Health has approved
such application, and (ii) has completed the training required under
regulations adopted pursuant to subsection (g) of this section; and (B)
the patient is (i) eighteen years of age or older, or (ii) at least twelve years Substitute Senate Bill No. 1102
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of age but younger than eighteen years of age with (I) the consent of
such patient's parent, legal guardian or other person having legal
custody of such patient, or (II) proof that such patient is an emancipated
minor.
(2) On or after the adoption of regulations pursuant to subsection (g)
of this section, any pharmacist licensed under chapter 400j of the general
statutes may order, and administer to a patient, an HIV-related test if:
(A) Such pharmacist is employed by a hospital; and (B) the patient is (i)
eighteen years of age or older, or (ii) at least twelve years of age but
younger than eighteen years of age and such pharmacist has obtained
(I) the consent of such patient's parent, legal guardian or other person
having legal custody of such patient, or (II) proof that such patient is an
emancipated minor.
(d) If a pharmacist orders and administers a COVID-19-related test or
influenza-related test under subsection (b) of this section, or an HIV-
related test under subsection (c) of this section, the pharmacist shall: (1)
Provide the results of such test to (A) the patient, in writing, (B) the
patient's primary care provider, if the patient identifies any such
primary care provider, and (C) the Commissioner of Consumer
Protection or said commissioner's designee, upon request by said
commissioner or such designee; (2) report the results of such test to the
director of health of the town, city or borough in which such case resides
and to the Department of Public Health in the manner set forth in section
19a-215 of the general statutes and applicable regulations; and (3)
maintain a record of the results of such test for three years.
(e) (1) If a pharmacist orders and administers an HIV-related test
under subsection (c) of this section and the result of such test is negative,
the pharmacist may prescribe and dispense to the patient any HIV-
related prophylaxis according to the manufacturer's package insert,
provided: (A) Such pharmacist has completed the training required
under the regulations adopted pursuant to subsection (g) of this section; Substitute Senate Bill No. 1102
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(B) such patient satisfies the criteria established in such package insert;
and (C) such HIV-related prophylaxis is prescribed and dispensed in
accordance with all applicable requirements established in (i) this
section, (ii) chapter 400j of the general statutes, or (iii) any regulations
adopted pursuant to subsection (g) of this section or chapter 400j of the
general statutes.
(2) If a pharmacist prescribes any HIV-related prophylaxis under
subdivision (1) of this subsection, the pharmacist shall provide to the
Commissioner of Consumer Protection or the commissioner's designee,
upon request by said commissioner or such designee: (A) A copy of the
results of the HIV-related test described in subdivision (1) of this
subsection; (B) prescription information maintained pursuant to chapter
400j of the general statutes; and (C) any other documentation the
commissioner may require in regulations adopted pursuant to
subsection (g) of this section.
(f) Notwithstanding the provisions of section 1-210 of the general
statutes, all information a pharmacist submits to the Department of
Consumer Protection pursuant to this section, or any regulation
adopted pursuant to subsection (g) of this section, shall be confidential.
The department shall use such information to perform the department's
duties concerning pharmacy, to ensure compliance with and enforce
provisions of the general statutes and regulations of Connecticut state
agencies concerning pharmacy and for no other purpose. If the
department brings an enforcement action and uses any such
information as part of such action, the department may disclose such
information to the parties to such action only if such disclosure is
required by applicable law. No such party shall further disclose such
information except to a tribunal, the Commission of Pharmacy, an
administrative agency or a court with jurisdiction over such action. Such
tribunal, commission, agency or court shall ensure that such
information is subject to a qualified protective order, as defined in 45 Substitute Senate Bill No. 1102
Public Act No. 23-19 11 of 35
CFR 164.512(e), as amended from time to time.
(g) The Commissioner of Consumer Protection, in consultation with
the Commissioner of Public Health, the Commission of Pharmacy, a
state-wide professional society representing the interests of physicians
practicing medicine in this state and a state-wide organization
representing the interests of health care professionals and scientists
specializing in the control and prevention of infectious diseases, shall
adopt regulations, in accordance with chapter 54 of the general statutes,
to implement the provisions of this section. Such regulations shall, at a
minimum: (1) Ensure compliance with all applicable guidance issued by
the federal Centers for Disease Control and Prevention; (2) ensure that
each HIV-related prophylaxis prescribed and dispensed under
subsection (e) of this section is prescribed and dispensed in accordance
with the approval the federal Food and Drug Administration has
granted for such HIV-related prophylaxis; (3) establish permissible
routes of administration; (4) establish prescription duration limits not to
exceed (A) sixty days for any pre-exposure HIV-related prophylaxis, or
(B) thirty days for any post-exposure HIV-related prophylaxis; (5)
specify (A) how frequently a pharmacist shall provide treatment to a
patient under this section, (B) when a pharmacist providing treatment
to a patient under this section shall refer such patient to such patient's
primary care provider or any other health care provider identified by
such patient, and (C) the circumstances in which a pharmacist shall
recommend that a patient undergo screenings for sexually transmitted
infections other than the human immunodeficiency virus; (6) establish
requirements concerning private areas for consultations between
pharmacists and patients; (7) establish training requirements
concerning (A) methods to obtain a patient's complete sexual history,
(B) delivering a positive HIV-related test result to a patient, (C) referring
a patient who has tested positive for the human immunodeficiency
virus to the services that are available to such patient, and (D) using
HIV-related prophylaxes for patients who have tested negative for the Substitute Senate Bill No. 1102
Public Act No. 23-19 12 of 35
human immunodeficiency virus; (8) identify qualifying training
programs, which are accredited by the National Centers for Disease
Control and Prevention, the Accreditation Council for Pharmacy
Education or another appropriate national accrediting body; and (9)
establish a system of control and reporting.
Sec. 3. (NEW) (Effective July 1, 2023) (a) (1) A pharmacy may apply to
the department, in a form and manner prescribed by the commissioner,
to operate a mobile pharmacy in a temporary location for the purpose
of: (A) Conducting (i) a temporary pharmacy operation, (ii) a
vaccination event, or (iii) an opioid antagonist training and prescribing
event; or (B) serving a community that may not have adequate access to
pharmacy services.
(2) No pharmacy may operate a mobile pharmacy without prior
written approval from the department. Each mobile pharmacy shall be
supervised by a pharmacist. The department may inspect a mobile
pharmacy before pharmacy services are provided in the mobile
pharmacy, and at any time during usual business hours or while such
mobile pharmacy is in operation. The department may issue an order
closing a mobile pharmacy if the department determines that: (A) The
mobile pharmacy has failed to comply with (i) any provision of this
section or chapter 400j of the general statutes, (ii) any regulation adopted
pursuant to subsection (d) of this section or chapter 400j of the general
statutes, or (iii) any applicable law or regulation of any jurisdiction
concerning drugs, devices or the practice of pharmacy; (B) conditions
are unsafe to store or dispense drugs; or (C) there is insufficient security
at such mobile pharmacy.
(b) A pharmacy that operates a mobile pharmacy under this section
shall: (1) Maintain a record of all drugs that are removed from the
pharmacy premises for the purpose of operating such mobile pharmacy;
(2) maintain a record of each drug that is dispensed at such mobile
pharmacy and include such record in such pharmacy's records not later Substitute Senate Bill No. 1102
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than twenty-four hours after such drug is dispensed; (3) except as
provided in subsection (c) of this section, inventory and return all
unused drugs to the pharmacy premises by the close of business each
day; (4) while operating such mobile pharmacy, store all drugs in such
mobile pharmacy in a manner that (A) prevents any drug diversion, and
(B) is consistent with the storage conditions specified by the
manufacturers of such drugs; (5) establish and maintain a patient
communication plan to ensure that patients can obtain prescription
refills if such mobile pharmacy is unavailable; and (6) if permitted by
the federal Drug Enforcement Administration or a successor agency,
store controlled substances in the mobile pharmacy in accordance with
regulations adopted by the commissioner pursuant to section 21a-262 of
the general statutes.
(c) No pharmacy shall, without prior approval from the department:
(1) Operate a mobile pharmacy for more than (A) seven consecutive
days in a single location, or (B) fourteen days within a five-mile radius
of the prior mobile pharmacy location; or (2) store drugs overnight in a
mobile pharmacy or outside of the pharmacy premises.
(d) The commissioner may, with the advice and consent of the
commission, adopt regulations in accordance with chapter 54 of the
general statutes to implement the provisions of this section.
Sec. 4. (NEW) (Effective July 1, 2023) (a) For the purposes of this
section, "pharmacy district manager" means an individual who (1)
supervises at least three pharmacies within this state, and (2) is
responsible for the activities within such pharmacies, including, but not
limited to, staffing, payroll and hiring.
(b) Each pharmacy shall maintain a plan to manage unscheduled
closings. Such plan shall be reviewed and updated, if necessary, on an
annual basis, and be provided to, and reviewed with, all pharmacy
personnel on an annual basis. Such plan shall include: Substitute Senate Bill No. 1102
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(1) The name of the individual who is responsible for notifying the
Commission of Pharmacy of an unscheduled closing;
(2) The name of the individual who is responsible for updating the
hours of operation in the pharmacy's electronic record system to prevent
acceptance of electronically transmitted prescriptions during an
unscheduled closing;
(3) The name of the individual who is responsible for updating the
pharmacy's telephone system during an unscheduled closing to (A)
prevent the acceptance of orally transmitted prescriptions during the
unscheduled closing, and (B) provide a message that alerts patients that
such pharmacy will be closed and their prescriptions may be obtained
from a nearby pharmacy;
(4) A list of all pharmacies that are located within a two-mile radius
of the pharmacy that is experiencing an unscheduled closing, or the next
closest pharmacy if there is no pharmacy within such two-mile radius;
and
(5) The name of the individual who is responsible for posting, at the
entrance to such pharmacy and at each entrance of the structure if such
pharmacy is located within another structure, signage stating the
duration of an unscheduled closing.
(c) If a pharmacy experiences an unscheduled closing, the pharmacist
manager of the pharmacy or, if the pharmacy operates more than five
pharmacy locations in this state, the pharmacy district manager shall:
(1) Modify such pharmacy's hours of operation in such pharmacy's
electronic record system to prevent the acceptance of electronically
transmitted prescriptions during the unscheduled closing;
(2) Adjust such pharmacy's telephone system to prevent the
acceptance of orally transmitted prescriptions during the unscheduled Substitute Senate Bill No. 1102
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closing;
(3) Provide a telephone system message alert to patients notifying
patients that (A) such pharmacy is not open, and (B) patients may obtain
medications from a nearby pharmacy;
(4) Post signage at the entrance to such pharmacy, and at each
entrance of the structure if such pharmacy is located within another
structure, (A) stating that such pharmacy is closed, (B) disclosing the
duration of the unscheduled closing, and (C) providing (i) a list of all
pharmacies that are located within a two-mile radius of such pharmacy,
or (ii) the next closest pharmacy if there is no pharmacy within such
two-mile radius; and
(5) Upon request by another pharmacy to transfer a prescription to
such other pharmacy, transfer any prescription dispensed by the
pharmacy experiencing the unscheduled closing and reverse any third-
party payor claims associated with such prescription.
(d) Any pharmacy that verifies that another phar macy is
experiencing an unscheduled closing may, upon a patient's request,
dispense a prescription that is dispensed and waiting at the pharmacy
experiencing the unscheduled closing by using information obtained
from the closed pharmacy, the electronic prescription drug monitoring
program or another source that the pharmacist dispensing such
prescription believes provides a reasonable assurance of accurate
information necessary to dispense such prescription. In the event that a
pharmacy dispenses a prescription during an unscheduled closing of
another pharmacy:
(1) The pharmacy dispensing such prescription shall contact the
pharmacy experiencing the unscheduled closing not later than twenty-
four hours after such closed pharmacy reopens to transfer such
prescription, in accordance with section 20-616 of the general statutes; Substitute Senate Bill No. 1102
Public Act No. 23-19 16 of 35
(2) The pharmacy that experienced the unscheduled closing shall
provide to the pharmacy that dispensed such prescription during such
unscheduled closing all information necessary for the transfer of such
prescription; and
(3) The pharmacy that experienced the unscheduled closing shall
reverse any third-party payor claims associated with such transferred
prescription not later than twenty-four hours after such pharmacy
reopens.
(e) The Department of Consumer Protection shall adopt regulations,
in accordance with chapter 54 of the general statutes, to implement the
provisions of this section. Such regulations shall include, but need not
be limited to, provisions for the placement of a secured container at a
pharmacy that allows patients to, during the hours in which the
pharmacy may be open or closed, obtain prescriptions that were
dispensed by such pharmacy. Prior to the effective date of such
regulations, the department may temporarily permit the use and
placement of a secured container at a pharmacy, provided the pharmacy
submits to the department, for the department's approval, written
protocols prior to placing, providing access to or using the secured
container and such pharmacy receives written approval from the
department for such placement, access or use. To obtain temporary
approval under this subsection, a secure container shall:
(1) Weigh more than seven hundred fifty pounds or be affixed to the
physical structure of the building where the pharmacy is located, and
be located immediately adjacent to the portion of such building where
such pharmacy is located;
(2) Only permit access to authorized pharmacy personnel or
individuals retrieving the prescriptions with a unique identification
system; Substitute Senate Bill No. 1102
Public Act No. 23-19 17 of 35
(3) Be under video surveillance at all times;
(4) Be capable of maintaining a record of all products that are placed
inside of the secure container, and the date and time each individual
prescription is accessed; and
(5) Comply with any other protocol required by the department to
ensure patient confidentiality, ensure public health and safety and
prevent diversion.
Sec. 5. Section 20-633 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) (1) Any person licensed as a pharmacist under part II of this
chapter may [(1)] administer: [, to an adult, any]
(A) Any vaccine, approved or authorized by the United States Food
and Drug Administration that is listed on the National Centers for
Disease Control and Prevention's Adult Immunization Schedule, [and
(2) on and after July 1, 2022, administer to any person between the ages
of twelve and seventeen, with the consent of such person's parent or
guardian, the influenza vaccine approved by the United States Food and
Drug Administration, provided the administration of any vaccine under
this subsection is conducted pursuant to the order of a licensed health
care provider and in accordance with the regulations established
pursuant to subsection (b) of this section.] to any patient who is: (i)
Eighteen years of age or older; or (ii) at least twelve years of age but
younger than eighteen years of age with (I) the consent of such patient's
parent, legal guardian or other person having legal custody of such
patient, or (II) proof that such patient is an emancipated minor.
(B) Any vaccine not included on the National Centers for Disease
Control and Prevention's Adult Immunization Schedule, provided the
vaccine administration instructions for such vaccine are available on the
National Centers for Disease Control and Prevention's Internet web site; Substitute Senate Bill No. 1102
Public Act No. 23-19 18 of 35
and
(C) Any vaccine pursuant to a verbal or written prescription of a
prescribing practitioner for a specific patient.
(2) A pharmacist shall make a reasonable effort to review a patient's
vaccination history to prevent any inappropriate use of a requested
vaccine.
(3) All vaccines administered pursuant to this section shall be
administered in accordance with the: (A) Vaccine manufacturer's
package insert or the orders of a prescribing practitioner; and (B)
regulations adopted pursuant to subsection (d) of this section.
(b) A pharmacist who has completed the training required in
regulations adopted pursuant to subsection (d) of this section may
administer an epinephrine cartridge injector, as defined in section 19a-
909, to a patient whom the pharmacist reasonably believes, based on
such pharmacist's knowledge and training, is experiencing anaphylaxis,
regardless of whether such patient has a prescription for an epinephrine
cartridge injector. Such pharmacist, or such pharmacist's designee, shall
call the 9-1-1 emergency telephone number either before or immediately
after such pharmacist administers the epinephrine cartridge injector to
such patient. Such pharmacist shall document the date, time and
circumstances in which such pharmacist administered such epinephrine
cartridge injector, and maintain such documentation for at least three
years.
(c) (1) A certified and registered pharmacy technician may administer
a vaccine to a patient at a pharmacy if: (A) The managing pharmacist of
such pharmacy is authorized to administer vaccines under this section;
and (B) such pharmacy technician (i) has successfully completed a
course of hands-on training, certified by the American Council for
Pharmacy Education, concerning the administration of vaccines, (ii) has Substitute Senate Bill No. 1102
Public Act No. 23-19 19 of 35
been trained at such pharmacy regarding the process for administering
vaccines to patients at such pharmacy, (iii) successfully completes at
least one hour of annual continuing education concerning
immunization, (iv) has been evaluated by the managing pharmacist of
such pharmacy, and (v) administers such vaccine at the direction of the
pharmacist on duty at such pharmacy.
(2) During the period beginning on September first and ending on
March thirty-first of the succeeding calendar year, a certified and
registered pharmacy technician shall not count toward the pharmacist-
to-technician ratio set forth in section 20-576-33 of the regulations of
Connecticut state agencies if such pharmacy technician: (A) Is
authorized to administer vaccines under this section; and (B) exclusively
performs duties related to the administration of vaccines during such
period.
[(b)] (d) The Commissioner of Consumer Protection, in consultation
with the Commissioner of Public Health and the Commission of
Pharmacy, shall adopt regulations, in accordance with the provisions of
chapter 54, to implement the provisions of this section. Such regulations
shall: (1) [require] Require any pharmacist who administers a vaccine
pursuant to this section to successfully complete an immunization
training program for pharmacists; (2) define the basic requirements of
such training program, which shall include training and instruction in
pre-administration education and screening, vaccine storage and
handling, subcutaneous and intramuscular injections, recordkeeping,
vaccine safety, cardiopulmonary resuscitation, basic cardiac life support
and adverse event reporting; (3) identify qualifying training programs,
which are accredited by the National Centers for Disease Control
Prevention, the Accreditation Council for Pharmacy Education or
[other] another appropriate national accrediting body; and (4) establish
a system of control and reporting.
[(c) For purposes of this section, "adult" means a person who has Substitute Senate Bill No. 1102
Public Act No. 23-19 20 of 35
attained the age of eighteen years.]
Sec. 6. Subsection (a) of section 20-576 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) The commissioner may, with the advice and assistance of the
commission, adopt regulations, in accordance with chapter 54, to
govern the performance of the commission's duties, the practice of
pharmacy and the business of retailing drugs and devices. Such
regulations may include, but are not limited to, provisions (1)
concerning the licensing of any pharmacist or pharmacy, disciplinary
action that may be taken against a licensee, the conduct of a pharmacist
and the operation of a pharmacy, (2) specifying various classes of
pharmacy licenses issued under section 20-594, as amended by this act,
including, but not limited to, licenses for infusion therapy pharmacies,
[and] nuclear pharmacies and health care institutional pharmacies, and
specifying requirements for operation of pharmacies under the classes
of pharmacy licenses permitted under the regulations, (3) concerning
creation and maintenance of prescription records, and (4) concerning
registration and activities of pharmacy interns, registered pharmacy
technicians and certified pharmacy technicians.
Sec. 7. Section 20-594 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) Except as limited by section 20-596, a pharmacist, health care
institution or any other person may apply to the commission for a
pharmacy license or for renewal of a pharmacy license.
(b) The applicant shall disclose on the application the name and
address of the applicant and the owner of the pharmacy, the name and
street and mailing address of the pharmacy and the name, address and
license number of the pharmacist who manages the pharmacy. The Substitute Senate Bill No. 1102
Public Act No. 23-19 21 of 35
commissioner may, by regulation adopted with the advice and
assistance of the commission, in accordance with chapter 54, require
such other information on the application as is necessary for the
department to carry out [its] the department's duties under sections 20-
570 to 20-630, inclusive.
(c) The department shall, after receipt of an application under this
section, (1) issue, on authorization of the commission, a pharmacy
license to an applicant for a new pharmacy on payment of the fee
required in section 20-601 and on satisfactory evidence to the
commission that the pharmacy will be managed by a pharmacist and
will be operated in accordance with the general statutes and the
regulations adopted by the commissioner in accordance with chapter 54,
and (2) issue a renewal of a pharmacy license to an applicant on
payment of the fee required in section 20-601.
(d) Pharmacy licenses shall expire annually. Pharmacy licenses may
be renewed on application and payment of the fee required in section
20-601 for a period not to exceed one year.
(e) When a pharmacy is transferred to a new location the pharmacy
license for such pharmacy shall terminate. A pharmacy license that has
been terminated under this subsection may be renewed under the
provisions of subsection (d) of this section and on satisfactory evidence
to the commission that the pharmacy will be managed by a pharmacist
and will be operated in accordance with the general statutes and the
regulations adopted by the commissioner in accordance with chapter 54.
(f) Each pharmacy licensed pursuant to this section shall report to the
department any administrative or legal action commenced against [it]
such pharmacy by any state or federal regulatory agency or
accreditation entity not later than ten business days after receiving
notice of the commencement of such action. Substitute Senate Bill No. 1102
Public Act No. 23-19 22 of 35
Sec. 8. Section 20-633b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) As used in this section:
(1) "Medical order" means a written, oral or electronic order by a
prescribing practitioner [, as defined in section 20-14c,] for a drug to be
dispensed by a pharmacy for administration to a patient;
(2) "Prescribing practitioner" has the same meaning as provided in
section 20-14c;
[(2)] (3) "Sterile compounding pharmacy" means a pharmacy [, as
defined in section 20-571, a] or nonresident pharmacy [registered
pursuant to section 20-627,] that dispenses or compounds sterile
pharmaceuticals;
[(3)] (4) "Sterile pharmaceutical" means any dosage form of a drug,
including, but not limited to, parenterals, injectables, surgical irrigants
and ophthalmics devoid of viable microorganisms; and
[(4)] (5) "USP chapters" means chapters 797, 800 and 825 of the United
States Pharmacopeia that pertain to compounding sterile
pharmaceuticals and their referenced companion documents, as
amended from time to time.
(b) (1) (A) If an applicant for a new pharmacy license [pursuant to]
under section 20-594, as amended by this act, intends to compound
sterile pharmaceuticals, the applicant shall file an addendum to [its] the
pharmacy license application such applicant files pursuant to section 20-
594, as amended by this act, to include sterile pharmaceutical
compounding. The [Department of Consumer Protection] department
shall inspect the proposed pharmacy premises of [the] such applicant
and [the] such applicant shall not compound sterile pharmaceuticals
until [it] such applicant receives notice that the addendum to such Substitute Senate Bill No. 1102
Public Act No. 23-19 23 of 35
applicant's application has been approved by the department and the
[Commission of Pharmacy] commission. Nothing in this section shall be
construed to affect a licensed hospital's ability to compound sterile
pharmaceuticals for such hospital's patients consistent with federal law.
[(2)] (B) If an existing pharmacy licensed pursuant to section 20-594,
as amended by this act, intends to compound sterile pharmaceuticals for
the first time on or after July 1, 2014, such pharmacy shall [file an] apply
for an addendum [application to its] to such pharmacy's application on
file with the department to include sterile pharmaceutical
compounding. The [Department of Consumer Protection] department
shall inspect the pharmacy premises of such pharmacy and [the] such
pharmacy shall not compound sterile pharmaceuticals until [it] such
pharmacy receives written notice that such addendum application has
been approved by the department and the [Commission of Pharmacy]
commission.
(C) If an existing health care institutional pharmacy licensed
pursuant to section 20-594, as amended by this act, intends to compound
sterile pharmaceuticals for the first time on or after July 1, 2023, such
health care institutional pharmacy shall apply for an addendum to such
health care institutional pharmacy's application on file with the
department to include sterile pharmaceutical compounding. The
department shall inspect the pharmacy premises of such health care
institutional pharmacy, and such health care institutional pharmacy
shall not compound sterile pharmaceuticals until such health care
institutional pharmacy receives written notice that such health care
institutional pharmacy's addendum application has been approved by
the department and the commission.
[(3)] (2) (A) If an applicant for a new nonresident pharmacy
registration intends to compound sterile pharmaceuticals for sale or
delivery in this state, the applicant shall file an addendum to [its] the
registration application such applicant files pursuant to section 20-627 Substitute Senate Bill No. 1102
Public Act No. 23-19 24 of 35
to include sterile pharmaceutical compounding. [The] Such applicant
shall provide to the department [with] written proof [it] that such
applicant has passed inspection by the appropriate state agency in the
state where such [nonresident pharmacy] applicant is located. Such
[pharmacy] applicant shall not compound sterile pharmaceuticals for
sale or delivery in this state until [it] such applicant receives written
notice that [the] such addendum [application] has been approved by the
department and the [Commission of Pharmacy] commission.
[(4)] (B) If [a] an existing nonresident pharmacy [registered pursuant
to section 20-627] intends to compound sterile pharmaceuticals for sale
or delivery in this state for the first time on or after July 1, 2014, [the]
such nonresident pharmacy shall [file] apply for an addendum to [its]
such nonresident pharmacy's application on file with the department to
include sterile pharmaceutical compounding. [The] Such nonresident
pharmacy shall provide to the department [with] written proof [it] that
such nonresident pharmacy has passed inspection by the appropriate
state agency in the state where such nonresident pharmacy is located.
Such nonresident pharmacy shall not compound sterile
pharmaceuticals until [it] such nonresident pharmacy receives written
notice that [the] such addendum application has been approved by the
department and the [Commission of Pharmacy] commission.
(c) A sterile compounding pharmacy shall comply with the USP
chapters. A sterile compounding pharmacy shall also comply with all
applicable federal and state statutes and regulations.
[(d) An institutional pharmacy within a facility licensed pursuant to
section 19a-490 that compounds sterile pharmaceuticals shall comply
with the USP chapters, and shall also comply with all applicable federal
and state statutes and regulations. Such institutional pharmacy may
request from the Commissioner of Consumer Protection an extension of
time, not to exceed six months, to comply, for state enforcement
purposes, with any amendments to USP chapters, for good cause Substitute Senate Bill No. 1102
Public Act No. 23-19 25 of 35
shown. The commissioner may grant an extension for a length of time
not to exceed six months. Nothing in this section shall prevent such
institutional pharmacy from requesting a subsequent extension of time
or shall prevent the commissioner from granting such extension.]
[(e)] (d) (1) A sterile compounding pharmacy may only provide
patient-specific sterile pharmaceuticals to patients, to practitioners of
medicine, osteopathy, podiatry, dentistry or veterinary medicine, or to
an acute care or long-term care hospital or health care facility licensed
by the Department of Public Health.
(2) If a sterile compounding pharmacy provides sterile
pharmaceuticals without a patient-specific prescription or medical
order, the sterile compounding pharmacy shall also obtain a certificate
of registration from the Department of Consumer Protection pursuant
to section 21a-70, as amended by this act, and any required federal
license or registration. A sterile compounding pharmacy may prepare
and maintain on-site inventory of sterile pharmaceuticals no greater
than a thirty-day supply, calculated from the completion of
compounding, which thirty-day period shall include the period
required for third-party analytical testing, to be performed in
accordance with the USP chapters.
[(f)] (e) (1) If a sterile compounding pharmacy plans to remodel any
area utilized for the compounding of sterile pharmaceuticals or adjacent
space, relocate any space utilized for the compounding of sterile
pharmaceuticals or upgrade or conduct a nonemergency repair to the
heating, ventilation, air conditioning or primary or secondary
engineering controls for any space utilized for the compounding of
sterile pharmaceuticals, the sterile compounding pharmacy shall notify
the Department of Consumer Protection, in writing, not later than forty-
five days prior to commencing such remodel, relocation, upgrade or
repair. Such written notification shall include a plan for such remodel,
relocation, upgrade or repair and such plan shall be subject to Substitute Senate Bill No. 1102
Public Act No. 23-19 26 of 35
department review and approval. If a sterile compounding pharmacy
makes an emergency repair, the sterile compounding pharmacy shall
notify the department of such emergency repair, in writing, not later
than twenty-four hours after such repair is commenced.
(2) If the USP chapters require sterile recertification after such
remodel, relocation, upgrade or repair, the sterile compounding
pharmacy shall provide a copy of [its] such sterile compounding
pharmacy's sterile recertification to the Department of Consumer
Protection not later than five days after the sterile recertification
approval. The recertification shall only be performed by an independent
licensed environmental monitoring entity.
[(g)] (f) A sterile compounding pharmacy shall report, in writing, to
the Department of Consumer Protection any known violation or
noncompliance with viable and nonviable environmental sampling
testing, as defined in the USP chapters, not later than the end of the next
business day after discovering such violation or noncompliance.
[(h)] (g) (1) If a sterile compounding pharmacy initiates a recall of
sterile pharmaceuticals that were dispensed pursuant to a patient-
specific prescription or medical order, the sterile compounding
pharmacy shall notify each patient or patient care giver, the prescribing
practitioner and the Department of Consumer Protection of such recall
not later than twenty-four hours after such recall was initiated.
(2) If a sterile compounding pharmacy initiates a recall of sterile
pharmaceuticals that were not dispensed pursuant to a patient-specific
prescription or a medical order, the sterile compounding pharmacy
shall notify: (A) Each purchaser of such sterile pharmaceuticals, to the
extent such sterile compounding pharmacy possesses contact
information for each such purchaser, (B) the Department of Consumer
Protection, and (C) the federal Food and Drug Administration of such
recall not later than the end of the next business day after such recall Substitute Senate Bill No. 1102
Public Act No. 23-19 27 of 35
was initiated.
[(i)] (h) Each sterile compounding pharmacy [and each institutional
pharmacy within a facility licensed pursuant to section 19a-490] shall
prepare and maintain a policy and procedure manual. The policy and
procedure manual shall comply with the USP chapters.
[(j)] (i) Each sterile compounding pharmacy shall report to the
Department of Consumer Protection any administrative or legal action
commenced against [it] such sterile compounding pharmacy by any
state or federal regulatory agency or accreditation entity not later than
five business days after receiving notice of the commencement of such
action.
[(k)] (j) Notwithstanding the provisions of [subdivisions (3) and (4)]
subdivision (2) of subsection (b) of this section, a sterile compounding
pharmacy that is a nonresident pharmacy shall provide to the
Department of Consumer Protection proof that [it] such nonresident
pharmacy has passed an inspection in such nonresident pharmacy's
home state, based on the USP chapters. Such nonresident pharmacy
shall submit to the Department of Consumer Protection a copy of the
most recent inspection report with [its] such nonresident pharmacy's
initial nonresident pharmacy application and shall submit to the
department a copy of [its] such nonresident pharmacy's most recent
inspection report every two years thereafter. If the state in which [the]
such nonresident pharmacy is located does not conduct inspections
based on standards required in the USP chapters, such nonresident
pharmacy shall provide satisfactory proof to the department that [it]
such nonresident pharmacy is in compliance with the standards
required in the USP chapters.
[(l)] (k) A practitioner, as specified in subdivision (1) of subsection
[(e)] (d) of this section, a hospital or a health care facility that receives
sterile pharmaceuticals shall report any errors related to such Substitute Senate Bill No. 1102
Public Act No. 23-19 28 of 35
dispensing or any suspected adulterated sterile pharmaceuticals to the
Department of Consumer Protection.
[(m)] (l) (1) For purposes of this subsection, a "designated pharmacist"
means a pharmacist responsible for overseeing the compounding of
sterile pharmaceuticals and the application of the USP chapters, as said
chapters pertain to sterile compounding.
(2) Any pharmacy licensed pursuant to section 20-594, as amended
by this act, [or institutional pharmacy licensed pursuant to section 19a-
490] that provides sterile pharmaceuticals shall notify the department of
[its] such pharmacy's designated pharmacist.
(3) The designated pharmacist shall be responsible for providing
proof [he or she] such designated pharmacist has completed a program
approved by the commissioner that demonstrates the competence
necessary for the compounding of sterile pharmaceuticals, in
compliance with all applicable federal and state statutes and
regulations.
(4) The designated pharmacist shall immediately notify the
department whenever [he or she] such designated pharmacist ceases
such designation.
(5) Nothing in this section shall prevent a designated pharmacist
from being the pharmacy manager.
[(n)] (m) The Commissioner of Consumer Protection may adopt
regulations, in accordance with chapter 54, to implement the provisions
of this section.
Sec. 9. Subsections (a) and (b) of section 21a-65 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2023): Substitute Senate Bill No. 1102
Public Act No. 23-19 29 of 35
(a) A licensed manufacturer or licensed wholesaler may sell
hypodermic needles and syringes only to the following: (1) To a licensed
manufacturer, licensed wholesaler or licensed pharmacy; (2) to a
physician, dentist, veterinarian, embalmer, podiatrist or scientific
investigator licensed to practice in this state; (3) to a person in charge of
a care-giving institution, as defined in [subdivision (3) of] section 20-571,
as amended by this act, incorporated college or scientific institution, but
only for use by or in such care-giving institution, college or institution
for medical or scientific purposes; (4) to a person in charge of a licensed
or registered laboratory, but only for use in that laboratory for scientific
and medical purposes; (5) to a farmer but only for use on the farmer's
own animals or poultry; (6) to a business authorized in accordance with
the regulations adopted under section 21a-66 to purchase hypodermic
needles and syringes but only for legitimate industrial or medical use
within that business; and (7) to a syringe services program established
pursuant to section 19a-124.
(b) Except as provided in subsection (a) of this section, no licensed
manufacturer, licensed wholesaler or licensed pharmacist shall sell and
no person shall buy a hypodermic needle or syringe except upon a
prescription of a prescribing practitioner, as defined in [subdivision (28)
of] section 20-571, as amended by this act, in a quantity greater than ten.
Any such prescription shall be retained on file by the seller for a period
of not less than three years and shall be accessible to any public officer
engaged in the enforcement of this section. Such a prescription shall be
valid for one year from the date thereof and purchases and sales may be
made thereunder during such period, provided the seller shall confirm
the continued need for such sales with such practitioner at least every
six months if sales continue to be made thereunder. Hypodermic
needles and syringes in a quantity of ten or less without a prescription
may be provided or sold at retail only by the following: (1) By a
pharmacy licensed in accordance with section 20-594, as amended by
this act, and in such pharmacy only by a licensed pharmacist or under Substitute Senate Bill No. 1102
Public Act No. 23-19 30 of 35
the pharmacist's direct supervision; (2) by a syringe service program
established pursuant to section 19a-124; and (3) by a health care facility
or a licensed health care practitioner for use by their own patients.
Sec. 10. Subsection (a) of section 21a-70 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) As used in this section: (1) "Drugs", "devices" and "cosmetics" have
the same meanings as defined in section 21a-92, "wholesaler" or
"distributor" means a person, including, but not limited to, a medical
device and oxygen provider, a third-party logistics provider, a virtual
manufacturer or a virtual wholesale distributor, as such terms are
defined in section 20-571, as amended by this act, whether within or
without the boundaries of the state of Connecticut, who supplies drugs,
devices or cosmetics prepared, produced or packaged by
manufacturers, to other wholesalers, manufacturers, distributors,
hospitals, prescribing practitioners, as defined in [subdivision (28) of]
section 20-571, as amended by this act, pharmacies, federal, state or
municipal agencies, clinics or any other person as permitted under
subsection (h) of this section, except that: (A) A retail pharmacy or a
pharmacy within a licensed hospital that supplies to another such
pharmacy a quantity of a noncontrolled drug or a schedule II, III, IV or
V controlled substance normally stocked by such pharmacies to provide
for the immediate needs of a patient pursuant to a prescription or
medication order of an authorized practitioner, (B) a pharmacy within a
licensed hospital that supplies drugs to another hospital or an
authorized practitioner for research purposes, (C) a retail pharmacy that
supplies a limited quantity of a noncontrolled drug or of a schedule II,
III, IV or V controlled substance for emergency stock to a practitioner
who is a medical director of a chronic and convalescent nursing home,
of a rest home with nursing supervision, of a hospice inpatient facility
licensed pursuant to section 19a-491 or of a state correctional institution, Substitute Senate Bill No. 1102
Public Act No. 23-19 31 of 35
and (D) a pharmacy within a licensed hospital that contains another
hospital wholly within [its] such licensed hospital's physical structure
that supplies to such contained hospital a quantity of a noncontrolled
drug or a schedule II, III, IV, or V controlled substance normally stocked
by such hospitals to provide for the needs of a patient, pursuant to a
prescription or medication order of an authorized practitioner, receiving
inpatient care on a unit that is operated by the contained hospital, or
receiving outpatient care in a setting operated by the contained hospital
and such drug or substance is administered on-site by the contained
hospital, shall not be deemed a wholesaler under this section; (2)
"manufacturer" means (A) a person, whether within or without the
boundaries of the state of Connecticut, who produces, prepares,
cultivates, grows, propagates, compounds, converts or processes,
directly or indirectly, by extraction from substances of natural origin or
by means of chemical synthesis or by a combination of extraction and
chemical synthesis, or who packages, repackages, labels or relabels a
container under such manufacturer's own or any other trademark or
label any drug, device or cosmetic for the purpose of selling such items,
or (B) a sterile compounding pharmacy, as defined in section 20-633b,
as amended by this act, that dispenses sterile pharmaceuticals without
a prescription or a patient-specific medical order; (3) "drug", "device"
and "cosmetic" have the same meanings as provided in section 21a-92;
and (4) "commissioner" means the Commissioner of Consumer
Protection or [his or her] the commissioner's designee.
Sec. 11. Subsection (k) of section 21a-106 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(k) If it is a legend drug, as defined in [subdivision (16) of] section 20-
571, as amended by this act, that is not administered, dispensed,
prescribed or otherwise possessed or distributed in accordance with
federal and state laws and regulations; Substitute Senate Bill No. 1102
Public Act No. 23-19 32 of 35
Sec. 12. Subsection (e) of section 21a-115 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(e) In the promulgation of regulations under the provisions of this
section applicable to prescribing practitioners, care-giving institutions,
and correctional and juvenile training institutions, as defined in
[subdivision (7) of] section 20-571, as amended by this act, the
Commissioner of Consumer Protection shall act in place of the director.
Existing regulations shall continue in effect unless superseded by action
of said commissioner pursuant to this subsection.
Sec. 13. Subsection (j) of section 21a-249 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(j) A pharmacy may sell and dispense controlled substances upon the
prescription of a prescribing practitioner, as defined in [subdivision (28)
of] section 20-571, as amended by this act.
Sec. 14. Section 38a-492a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
Each individual health insurance policy providing coverage of the
type specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) of section
38a-469, delivered, issued for delivery, renewed, amended or continued
in this state shall provide coverage for hypodermic needles or syringes
prescribed by a prescribing practitioner, as defined in [subdivision (28)
of] section 20-571, as amended by this act, for the purpose of
administering medications for medical conditions, provided such
medications are covered under the policy. Such benefits shall be subject
to any policy provisions that apply to other services covered by such
policy.
Sec. 15. Section 38a-518a of the general statutes is repealed and the Substitute Senate Bill No. 1102
Public Act No. 23-19 33 of 35
following is substituted in lieu thereof (Effective July 1, 2023):
Each group health insurance policy providing coverage of the type
specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-
469, delivered, issued for delivery, renewed, amended or continued in
this state shall provide coverage for hypodermic needles or syringes
prescribed by a prescribing practitioner, as defined in [subdivision (28)
of] section 20-571, as amended by this act, for the purpose of
administering medications for medical conditions, provided such
medications are covered under the policy. Such benefits shall be subject
to any policy provisions that apply to other services covered by such
policy.
Sec. 16. Subdivision (1) of subsection (b) of section 53a-13 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(b) (1) It shall not be a defense under this section if such mental
disease or defect was proximately caused by the voluntary ingestion,
inhalation or injection of intoxicating liquor or any drug or substance,
or any combination thereof, unless such drug was prescribed for the
defendant by a prescribing practitioner, as defined in [subdivision (28)
of] section 20-571, as amended by this act, and was used in accordance
with the directions of such prescription.
Sec. 17. Section 19a-112h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Public Health shall establish and contract
for the administration of a [program using AIDS Services funding to
provide financial assistance to victims of sexual assault for drugs
prescribed by a physician for nonoccupational post -exposure
prophylaxis for human immunodeficiency virus consistent with
recommendations of the National Centers for Disease Control and Substitute Senate Bill No. 1102
Public Act No. 23-19 34 of 35
Prevention and the state of Connecticut Technical Guidelines for Health
Care Response to Victims of Sexual Assault. The commissioner shall
give priority for benefits under the program established pursuant to this
section to sexual assault victims who are uninsured or underinsured
and for whom the program is a payer of last resort. The commissioner
shall issue a request for proposal totaling twenty-five thousand dollars
annually to which a qualified organization may apply to administer the
program.] state-wide human immunodeficiency virus pre-exposure
prophylaxis and post-exposure prophylaxis drug assistance program
using appropriated AIDS Services funding, provided such funding is
equal to or greater than twenty-five thousand dollars annually. The
program shall provide financial assistance to individuals at risk of
acquiring human immunodeficiency for the purchase of pre-exposure
and post-exposure prophylaxis for human immunodeficiency virus
prescribed by a licensed physician consistent with the recommendations
of the National Centers for Disease Control and Prevention. For the
purposes of this subsection, "financial assistance" includes, but need not
be limited to, payments for out-of-pocket costs, copayments,
coinsurance, and up to full cost payments toward a deductible for
individuals who are underinsured and for whom the program is the
payer of last resort.
(b) The commissioner shall give priority for benefits under the
program established pursuant to this section to individuals who have
an increased risk of acquiring human immunodeficiency virus or who
have had a recent exposure to such virus, but are unable to purchase
pre-exposure and post -exposure prophylaxis for human
immunodeficiency virus and for whom the program is a payer of last
resort.
(c) The commissioner may adopt regulations in accordance with the
provisions of chapter 54 to implement the provisions of this section. The
commissioner may implement policies and procedures necessary to Substitute Senate Bill No. 1102
Public Act No. 23-19 35 of 35
administer the provisions of this section while in the process of adopting
such policies and procedures as regulations, provided notice of intent to
adopt regulations is published on the eRegulations System not later than
twenty days after the date of implementation. Policies and procedures
implemented pursuant to this section shall be valid until the time final
regulations are adopted.