SLS 16RS-364 ORIGINAL
2016 Regular Session
SENATE BILL NO. 133
BY SENATOR JOHNS
HEALTH CARE. Provides for prescription drug access. (8/1/16)
1 AN ACT
2 To enact R.S. 37:1165, relative to prescription drug access; to provide for access to a
3 pharmacy of the patient's choice; to ensure patient access to a drug if it is routinely
4 available; to prohibit use of certain terminology; to provide for an effective date; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1165 is hereby enacted to read as follows:
8 ยง1165. Access to prescription drugs
9 A. Notwithstanding any other provision of law to the contrary, each
10 prescription drug commercially and ordinarily available to the patient in
11 Louisiana through a pharmacy of their choosing shall be available to any
12 patient upon submission of a valid prescription as determined under the
13 provisions of this Chapter from a pharmacy of the patient's choosing if the
14 pharmacy has the drug in their possession or is able to acquire the drug for the
15 patient's use.
16 B. No one shall prohibit a patient's access to a prescription drug to
17 address their maintenance or improvement of their health or to address any
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 133
SLS 16RS-364 ORIGINAL
1 disease or condition by use of phrases or terminology if all of the following
2 apply:
3 (1) The pharmacy is licensed under this Chapter.
4 (2) The pharmacist is educated and licensed under this Chapter.
5 (3) The drug is commercially and routinely available to pharmacies of
6 this state.
7 C. Prohibited phrases or terminology as set forth in Subsection B of this
8 Section shall include the terms "specialty drugs" or "specialty pharmacy" used
9 with the intent of interfering with patient access as provide for in this Section.
10 Section 2. This Act shall become effective on August 1, 2016; if vetoed by the
11 governor and subsequently approved by the legislature, this Act shall become effective on
12 August 1, 2016, or on the day following such approval by the legislature, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 133 Original 2016 Regular Session Johns
Proposed law enables a patient with a valid prescription to access their drug at a pharmacy
of their choosing if the drug is available or the pharmacy can acquire the drug. Further
provides that no one shall prohibit access if the pharmacy and pharmacist are licensed and
the drug is commercially available. Provides that "specialty drug" and "specialty pharmacy"
are phrases that shall not be used to limit access.
Effective August 1, 2016.
(Adds R.S. 37:1165)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.