SLS 20RS-878 ORIGINAL
2020 Regular Session
SENATE BILL NO. 488
BY SENATOR ABRAHAM
PHARMACISTS. Provides relative to restrictions on the quantity of controlled substances
dispensed, (8/1/20)
1 AN ACT
2 To enact R.S. 37:1233, relative to pharmacies; to prohibit corporations that own and operate
3 multiple pharmacies from implementing policies and procedures that restrict the
4 quantity of controlled substances dispensed or restrict the prescriber; to provide for
5 an exception; to prohibit retaliation; to provide for a civil penalty; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:1223 is hereby enacted to read as follows:
9 ยง 1233. Prohibited acts
10 A. A corporation which owns and operates multiple pharmacy locations,
11 including all chain pharmacies operating as individual organizations, in this
12 state shall be prohibited from establishing or implementing any policy or
13 practice in a pharmacy located in this state that places a restriction on the
14 quantity or dosage of a prescription for a controlled substance or places a
15 restriction on filling a prescription for a controlled substance issued by a
16 specific prescriber; provided, however, that nothing in this subsection shall
17 prohibit an individual pharmacist from declining to fill a prescription based on
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. 488
SLS 20RS-878 ORIGINAL
1 his or her professional judgment, if such pharmacist reasonably believes such
2 prescription is not for a legitimate medical purpose, is not in the patient's best
3 interest, or was written by a prescriber who has been subject to an enforcement
4 action resulting from controlled substance prescribing by any state or federal
5 agency or entity.
6 B. No corporation which owns and operates multiple pharmacy
7 locations in this state may subject any pharmacist, pharmacy intern or
8 pharmacy technician to an adverse action on the basis that such individual has
9 opposed any practice or policy prohibited by this Section.
10 C. A pharmacist failing to practice pharmacy using his or her free and
11 complete exercise of professional independent judgment and skill in accordance
12 with this chapter and the code of professional conduct established by the board
13 may be subject to disciplinary action pursuant to the authority of the board;
14 provided, however, that it shall not be considered unprofessional conduct for
15 any pharmacist to refuse to fill any prescription based on his or her professional
16 judgment or ethical or moral beliefs.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 488 Original 2020 Regular Session Abraham
Present law grants discretion to individual pharmacists to decline to fill a prescription based
on his or her professional judgment.
Proposed law retains present law and prohibits chain pharmacies from enforcing any policy
which would restrict the quantity or dosage of a prescription for a controlled substance or
restricts a filling a prescription for a controlled substance issued by a specific prescriber.
Effective August 1, 2020.
(Adds R.S. 37:1223)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.