SB 705

Under current law, a pharmacy has a duty to dispense lawfully prescribed

contraceptive drugs and devices without delay unless certain factors apply, including

that the prescription contains an obvious or known error or contains inadequate

instructions, the prescription is contraindicated for the patient, the prescription is

incompatible with another drug or device prescribed for the patient, or the

prescription is potentially fraudulent. This bill expands that duty to require

pharmacies to dispense any lawfully prescribed drug or device without delay.

However, if any pharmacist at a pharmacy refuses to dispense a drug or device for

reasons of conscience such that the pharmacy cannot fulfill the prescription order

without delay, then the bill requires the pharmacy to transfer the prescription order

to a different pharmacy, at the direction of the patient, that will dispense the

prescribed drug or device without delay. The bill also specifies that a pharmacy may

not dispense a lawfully prescribed drug or device if there is an absolute

contraindication for the prescribed drug or device, rather than just a

contraindication. Under the bill, “absolute contraindication” is defined to mean any

condition present in a patient that makes a particular drug or device inadvisable

under any circumstances.

Further, the bill prohibits a pharmacy benefit manager from penalizing in any

way a pharmacy or pharmacist from dispensing a prescribed drug or device that is

prescribed for a use other than a use approved by the federal Food and Drug

Administration if the prescribed drug or device is dispensed pursuant to a valid

prescription order.