Senate Bill 137 aims to expand the duty of pharmacies to dispense lawfully prescribed drugs and devices without delay, moving beyond the current focus on contraceptive drugs and devices. The bill repeals the specific reference to contraceptives in current law and introduces a broader requirement for pharmacies to dispense any lawfully prescribed drug or device. It also establishes that if a pharmacist refuses to dispense a drug or device for reasons of conscience, the pharmacy must transfer the prescription to another pharmacy that will fulfill it without delay. Additionally, the bill clarifies that a pharmacy may not dispense a drug or device if there is an "absolute contraindication," defined as any condition that makes the drug or device unsafe under any circumstances.
Furthermore, the bill prohibits pharmacy benefit managers from penalizing pharmacies or pharmacists for dispensing drugs or devices prescribed for off-label uses, as long as they are dispensed according to a valid prescription order. The amendments to the law include changes to the definitions and conditions under which pharmacies must operate, ensuring that patients receive their prescribed medications promptly while also addressing the rights of pharmacists regarding conscience-based refusals.
Statutes affected: Bill Text: 50.36(6), 50.36, 450.095(title), 450.095, 450.095(1)(a), 450.095(2)(intro.), 450.095(2)(a), 450.095(2)(b), 450.095(2)(c)