LEGEND DRUGS Under present law, it is unlawful to sell, barter or give away a legend drug, which is any item that federal law prohibits dispensing without a prescription, from a licensed doctor, dentist, optometrist or veterinarian, except upon the written prescription of certain professionals, including a duly licensed physician; certified physician assistant; nurse authorized under the board of medical examiners or osteopathic medical service, who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements to obtain a certificate of fitness; a dentist; an optometrist having met the requirements of the practice of optometry as a profession; or a veterinarian, and compounded or dispensed by a duly registered pharmacist. This bill adds a pharmacist to this list of individuals who can so prescribe. Under present law, it is unlawful for any person to have in the person's possession a legend drug without the drug having been prescribed by a duly licensed physician, certified physician assistant, dentist, optometrist, or veterinarian, and having been dispensed by a pharmacy duly licensed and registered in this state, unless the person was a resident of another state and had the prescription filled by a duly licensed and registered pharmacist of the other state. This bill adds a pharmacist to this list of individuals who can so prescribe. However, present law provides such unlawful possession does not apply to a licensed physician, certified physician assistant, dentist, optometrist, or veterinarian, nor to the drugs under the control of such a person in the practice of that person's profession, and the exemption includes a nurse under the board of medical examiners or osteopathic medical service, who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to the board of nursing's annual directory listing all persons licensed to practice as a professional or practical nurse in this state. This bill adds a pharmacist to this exemption list. HORMONAL CONTRACEPTIVES Present law authorizes a pharmacist, in good faith, to provide hormonal contraceptives according to a valid collaborative pharmacy practice agreement containing a nonpatient-specific prescriptive order and standardized procedures developed and executed by one or more authorized prescribers. A pharmacist may provide hormonal contraceptives to individuals who are at least 18, or under 18 if the individual is an emancipated minor. Present law authorizes a pharmacist, pharmacist's employer, or pharmacist's agent to charge an annual administrative fee for services pertaining to the provision of hormonal contraceptives, in addition to any costs associated with the dispensing of the drug and paid by the pharmacy benefit. Patients who are insured or covered and receive a pharmacy benefit that covers the cost of hormonal contraceptives must not be required to pay an administrative fee. This bill revises this provision to allow patients to be required to pay an administrative fee. DISCRIMINATION PROHIBITED Present law prohibits a managed health insurance issuer from discriminating with respect to participation, referral, reimbursement of covered services, or indemnification as to any provider who is acting within the scope of the provider's license or certification under state law, solely on the basis of the license or certification. In selecting among providers of health services for membership in a provider network, a managed health insurance issuer or other network must not discriminate against a class of providers who provide services that are covered by the plan by prohibiting the class of providers from membership in the provider network. As used in this bill, "class of providers" means licensed physician assistants, certified nurse midwives duly licensed by the state board of nursing as a registered nurse and also duly certified as a nurse midwife by the American College of Nurse-Midwives, and nurses in advanced practice, defined as a registered nurse who is duly licensed by the state board of nursing and who is also a nationally certified nurse practitioner, a nationally certified registered nurse anesthetist, or a nationally certified clinical specialist. This bill adds to the "class of providers" pharmacists acting within the scope of the provider's license or certification under state law.

Statutes affected:
Introduced: 53-10-104(a), 53-10-104, 53-10-105, 63-10-219(e), 63-10-219, 63-10-219(f)(2), 56-32-137