Relates to authorizing pharmacists to refill certain prescriptions

Title of bill

An act to amend the education law, in relation to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply, subject to certain conditions

Purpose

This bill would authorize pharmacists to exercise discretion in refilling non-controlled drug prescriptions up to a 90 day supply, subject to certain conditions.

Summary of provisions

Section amends subdivision 2 of section 6810 of the education law to allow a pharmacist to refill a prescription for a drug, other than a controlled drug, in an amount greater than the initial quantity prescribed by the practitioner if the:

1. Refill is made after the initial prescription is dispensed and does not exceed (a) a 90-day supply and (b) the total quantity authorized by the practitioner;

2. Practitioner does not indicate that the initial or refill quantity cannot be changed;

3. Pharmacist informs the practitioner of the refill at the earliest reasonable time but no later than 48 hours after the refill; and

4. The patient's health insurance policy or health benefit plan will cover the refill quantity at no additional coinsurance, deductible, or other out-of-pocket expense from the patient.

Section 2 sets the effective date of the bill.

Justification

Extended prescription fills are an important pharmacy tool that can enhance patient care and help control health care costs. 90 day fills have been shown to improve medication compliance while also reducing prescription costs through higher generic utilization rates and lower pharmacy reimbursement costs for plan sponsors. Studies have shown that 90-day retail fills improve adherence by 15% and increase generic utilization by 10.6% compared with 30-day retail fill. Additionally, converting 30-day to 90-day retail fills saves plan sponsors directly through lower reimbursement costs, such as ingredient costs and dispensing fees. Despite the advantages of 90-day retail fills, mail service pharmacies have been the primary option to obtain such fills. However, many patients prefer to obtain their prescriptions through their neighborhood retail pharmacist. This bill would ensure that patients are able to achieve the full benefits of a 90-day fill through their pharmacy of choice.

Legislative history

This is a new bill.

Fiscal implications

None

Effective date

This act shall take effect immediately.