65-1637.Pharmacist required to be in charge ofpharmacy; compounding,filling and refilling of prescriptions; refusal to fill; brandexchange.In every store, shop or other place defined in this act as a "pharmacy"there shall be a pharmacist in charge and,except as otherwise provided by law,the compounding anddispensing of prescriptions shall be limited to pharmacists only. Except asotherwiseprovided by the pharmacy act of this state, when a pharmacist is not inattendance at a pharmacy, the premises shall be enclosed and secured.Prescription orders may be written, oral, telephonic or byelectronictransmission unless prohibited by law. Blankforms forwrittenprescription orders may have two signature lines. If there aretwo lines, one signature lineshall state: "Dispense as written" and theothersignature lineshall state: "Brand exchange permissible." Prescriptionsshallonly be filled or refilled in accordance with the following requirements:
(a) All prescriptions shall be filled in strictconformity with anydirections of the prescriber, except that a pharmacist who receives aprescription order for a brand name drug product may exercise brand exchangewith a view toward achieving a lesser cost to the purchaser unless:
(1) The prescriber, in the case of a prescription signed by theprescriber and written on a blank form containing two signature lines,signs the signature line following the statement "dispense aswritten," or
(2) the prescriber, in the case of a prescription signed by theprescriber, writes in the prescriber's own handwriting "dispense aswritten" on the prescription, or
(3) the prescriber, in the case of a prescription other than one inwriting signed by the prescriber, expressly indicates the prescriptionis to be dispensed as communicated, or
(4) the federal food and drug administration has determined that adrug product of the same generic name is not bioequivalent to theprescribed brand name prescription medication.
(b) Prescription orders shall be recorded in writing by thepharmacist and the record so made by the pharmacist shall constitute theoriginal prescription to be dispensed by the pharmacist. This record, iftelephoned by other than the physician shall bear the name of the personso telephoning. Nothing in this paragraph shall be construed as alteringor affecting in any way laws of this state or any federal act requiringa written prescription order.
(c) (1) Except as provided in paragraph (2), no prescription shall berefilled unless authorized by the prescriber either in theoriginal prescription or by oral order which is reduced promptly to writing andfilled by the pharmacist.
(2) A pharmacist may refill a prescription order issued on or after theeffective date of this act for any prescription drugexcept a drug listed on schedule II of the uniform controlled substances actor a narcotic drug listed on any schedule of the uniform controlled substancesactwithout theprescriber's authorization when all reasonable efforts to contact theprescriber have failed and when, in the pharmacist'sprofessional judgment,continuation of the medication is necessary for the patient's health, safetyand welfare. Such prescription refill shall only be in an amount judged by thepharmacist to be sufficient to maintain the patient until the prescriber can becontacted, but in no event shall a refill under this paragraph be more than aseven day supply or one package of the drug. However, if the prescriber stateson aprescription thatthere shall be no emergency refilling of that prescription, then the pharmacistshall not dispense any emergency medication pursuant to that prescription.A pharmacist who refills a prescription order under this subsection (c)(2)shall contact the prescriber of the prescription order on the next business daysubsequent to the refill or as soon thereafter as possible. No pharmacist shallbe required to refill any prescription order under this subsection (c)(2). Aprescriber shall not be subject to liability for any damages resulting from therefilling of a prescription order by a pharmacist under this subsection (c)(2)unless such damages are occasioned by the gross negligence or willful or wantonacts or omissions by the prescriber.
(d) If any prescription order contains a provision that theprescription may be refilled a specific number of times within or duringany particular period, such prescription shall not be refilled except instrict conformity with such requirements.
(e) If a prescription order contains a statement that during anyparticular time the prescription may be refilled at will, there shall beno limitation as to the number of times that such prescription may berefilled except that it may not be refilled after the expiration of thetime specified or one year after the prescription was originally issued,whichever occurs first.
(f) Any pharmacist who exercises brand exchange and dispenses a lessexpensive drug product shall not charge the purchaser more than theregular and customary retail price for the dispensed drug.
Nothing contained in this section shall be construed as preventing apharmacist from refusing to fill or refill any prescription if in thepharmacist's professional judgment and discretion such pharmacist is of theopinion that it should not be filled or refilled.
65-1637.Pharmacist required to be in charge ofpharmacy; compounding,filling and refilling of prescriptions; refusal to fill; brandexchange.In every store, shop or other place defined in this act as a "pharmacy"there shall be a pharmacist in charge and,except as otherwise provided by law,the compounding anddispensing of prescriptions shall be limited to pharmacists only. Except asotherwiseprovided by the pharmacy act of this state, when a pharmacist is not inattendance at a pharmacy, the premises shall be enclosed and secured.Prescription orders may be written, oral, telephonic or byelectronictransmission unless prohibited by law. Blankforms forwrittenprescription orders may have two signature lines. If there aretwo lines, one signature lineshall state: "Dispense as written" and theothersignature lineshall state: "Brand exchange permissible." Prescriptionsshallonly be filled or refilled in accordance with the following requirements:
(a) All prescriptions shall be filled in strictconformity with anydirections of the prescriber, except that a pharmacist who receives aprescription order for a brand name drug product may exercise brand exchangewith a view toward achieving a lesser cost to the purchaser unless:
(1) The prescriber, in the case of a prescription signed by theprescriber and written on a blank form containing two signature lines,signs the signature line following the statement "dispense aswritten," or
(2) the prescriber, in the case of a prescription signed by theprescriber, writes in the prescriber's own handwriting "dispense aswritten" on the prescription, or
(3) the prescriber, in the case of a prescription other than one inwriting signed by the prescriber, expressly indicates the prescriptionis to be dispensed as communicated, or
(4) the federal food and drug administration has determined that adrug product of the same generic name is not bioequivalent to theprescribed brand name prescription medication.
(b) Prescription orders shall be recorded in writing by thepharmacist and the record so made by the pharmacist shall constitute theoriginal prescription to be dispensed by the pharmacist. This record, iftelephoned by other than the physician shall bear the name of the personso telephoning. Nothing in this paragraph shall be construed as alteringor affecting in any way laws of this state or any federal act requiringa written prescription order.
(c) (1) Except as provided in paragraph (2), no prescription shall berefilled unless authorized by the prescriber either in theoriginal prescription or by oral order which is reduced promptly to writing andfilled by the pharmacist.
(2) A pharmacist may refill a prescription order issued on or after theeffective date of this act for any prescription drugexcept a drug listed on schedule II of the uniform controlled substances actor a narcotic drug listed on any schedule of the uniform controlled substancesactwithout theprescriber's authorization when all reasonable efforts to contact theprescriber have failed and when, in the pharmacist'sprofessional judgment,continuation of the medication is necessary for the patient's health, safetyand welfare. Such prescription refill shall only be in an amount judged by thepharmacist to be sufficient to maintain the patient until the prescriber can becontacted, but in no event shall a refill under this paragraph be more than aseven day supply or one package of the drug. However, if the prescriber stateson aprescription thatthere shall be no emergency refilling of that prescription, then the pharmacistshall not dispense any emergency medication pursuant to that prescription.A pharmacist who refills a prescription order under this subsection (c)(2)shall contact the prescriber of the prescription order on the next business daysubsequent to the refill or as soon thereafter as possible. No pharmacist shallbe required to refill any prescription order under this subsection (c)(2). Aprescriber shall not be subject to liability for any damages resulting from therefilling of a prescription order by a pharmacist under this subsection (c)(2)unless such damages are occasioned by the gross negligence or willful or wantonacts or omissions by the prescriber.
(d) If any prescription order contains a provision that theprescription may be refilled a specific number of times within or duringany particular period, such prescription shall not be refilled except instrict conformity with such requirements.
(e) If a prescription order contains a statement that during anyparticular time the prescription may be refilled at will, there shall beno limitation as to the number of times that such prescription may berefilled except that it may not be refilled after the expiration of thetime specified or one year after the prescription was originally issued,whichever occurs first.
(f) Any pharmacist who exercises brand exchange and dispenses a lessexpensive drug product shall not charge the purchaser more than theregular and customary retail price for the dispensed drug.
Nothing contained in this section shall be construed as preventing apharmacist from refusing to fill or refill any prescription if in thepharmacist's professional judgment and discretion such pharmacist is of theopinion that it should not be filled or refilled.
65-1637.Pharmacist required to be in charge ofpharmacy; compounding,filling and refilling of prescriptions; refusal to fill; brandexchange.In every store, shop or other place defined in this act as a "pharmacy"there shall be a pharmacist in charge and,except as otherwise provided by law,the compounding anddispensing of prescriptions shall be limited to pharmacists only. Except asotherwiseprovided by the pharmacy act of this state, when a pharmacist is not inattendance at a pharmacy, the premises shall be enclosed and secured.Prescription orders may be written, oral, telephonic or byelectronictransmission unless prohibited by law. Blankforms forwrittenprescription orders may have two signature lines. If there aretwo lines, one signature lineshall state: "Dispense as written" and theothersignature lineshall state: "Brand exchange permissible." Prescriptionsshallonly be filled or refilled in accordance with the following requirements:
(a) All prescriptions shall be filled in strictconformity with anydirections of the prescriber, except that a pharmacist who receives aprescription order for a brand name drug product may exercise brand exchangewith a view toward achieving a lesser cost to the purchaser unless:
(1) The prescriber, in the case of a prescription signed by theprescriber and written on a blank form containing two signature lines,signs the signature line following the statement "dispense aswritten," or
(2) the prescriber, in the case of a prescription signed by theprescriber, writes in the prescriber's own handwriting "dispense aswritten" on the prescription, or
(3) the prescriber, in the case of a prescription other than one inwriting signed by the prescriber, expressly indicates the prescriptionis to be dispensed as communicated, or
(4) the federal food and drug administration has determined that adrug product of the same generic name is not bioequivalent to theprescribed brand name prescription medication.
(b) Prescription orders shall be recorded in writing by thepharmacist and the record so made by the pharmacist shall constitute theoriginal prescription to be dispensed by the pharmacist. This record, iftelephoned by other than the physician shall bear the name of the personso telephoning. Nothing in this paragraph shall be construed as alteringor affecting in any way laws of this state or any federal act requiringa written prescription order.
(c) (1) Except as provided in paragraph (2), no prescription shall berefilled unless authorized by the prescriber either in theoriginal prescription or by oral order which is reduced promptly to writing andfilled by the pharmacist.
(2) A pharmacist may refill a prescription order issued on or after theeffective date of this act for any prescription drugexcept a drug listed on schedule II of the uniform controlled substances actor a narcotic drug listed on any schedule of the uniform controlled substancesactwithout theprescriber's authorization when all reasonable efforts to contact theprescriber have failed and when, in the pharmacist'sprofessional judgment,continuation of the medication is necessary for the patient's health, safetyand welfare. Such prescription refill shall only be in an amount judged by thepharmacist to be sufficient to maintain the patient until the prescriber can becontacted, but in no event shall a refill under this paragraph be more than aseven day supply or one package of the drug. However, if the prescriber stateson aprescription thatthere shall be no emergency refilling of that prescription, then the pharmacistshall not dispense any emergency medication pursuant to that prescription.A pharmacist who refills a prescription order under this subsection (c)(2)shall contact the prescriber of the prescription order on the next business daysubsequent to the refill or as soon thereafter as possible. No pharmacist shallbe required to refill any prescription order under this subsection (c)(2). Aprescriber shall not be subject to liability for any damages resulting from therefilling of a prescription order by a pharmacist under this subsection (c)(2)unless such damages are occasioned by the gross negligence or willful or wantonacts or omissions by the prescriber.
(d) If any prescription order contains a provision that theprescription may be refilled a specific number of times within or duringany particular period, such prescription shall not be refilled except instrict conformity with such requirements.
(e) If a prescription order contains a statement that during anyparticular time the prescription may be refilled at will, there shall beno limitation as to the number of times that such prescription may berefilled except that it may not be refilled after the expiration of thetime specified or one year after the prescription was originally issued,whichever occurs first.
(f) Any pharmacist who exercises brand exchange and dispenses a lessexpensive drug product shall not charge the purchaser more than theregular and customary retail price for the dispensed drug.
Nothing contained in this section shall be construed as preventing apharmacist from refusing to fill or refill any prescription if in thepharmacist's professional judgment and discretion such pharmacist is of theopinion that it should not be filled or refilled.
