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2008 -- S 2681 | |
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LC01570 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2008 | |
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A N A C T | |
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RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES | |
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Introduced By: Senators Perry, Gallo, Goodwin, Sosnowski, and Pichardo | |
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Date Introduced: February 26, 2008 | |
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Referred To: Senate Health & Human Services | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby |
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amended by adding thereto the following section: |
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5-19.1-31. Access to prescription contraceptive drugs or devices. – (a) Upon receipt of |
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a valid and lawful prescription, a licensed pharmacy shall dispense any prescription contraceptive |
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drug or device in stock without delay, consistent with the normal time frame for filling any other |
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prescription. |
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(b) Nothing in this section shall prohibit a licensed pharmacy from refusing to dispense a |
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prescription contraceptive drug or device in accordance with standard pharmacy practice if: |
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(1) There is a valid medical concern that such drug or device will cause problems due to |
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therapeutic duplications, drug-disease contraindications, drug interactions, including serious |
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interactions with prescription or over-the-counter medications, incorrect dosage or duration of |
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drug treatment, drug-allergy interactions, or clinical abuse or misuse; or |
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(2) The customer is unable to pay for the drug or device; or |
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(3) There is a reasonable belief that the prescription is fraudulent. |
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(c) Where a customer requests a prescription contraceptive drug or device not in stock, |
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the pharmacy shall offer the customer the following options and perform the customer's chosen |
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option in a timely fashion: |
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(1) Obtaining the drug or device under standard procedures for expedited ordering of any |
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prescription drug or device not in stock and promptly notifying the customer when the pharmacy |
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received the drug or device; or |
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(2) Locating a pharmacy of the customer's choice or the nearest pharmacy that has the |
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drug or device in stock and, if appropriate, transferring the customer's prescription to that |
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pharmacy under standard procedures for transferring prescriptions; or |
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(3) Returning the prescription to the customer. |
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(d) Any person who believes that a violation of this act has occurred may file a complaint |
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with the board of pharmacy. If the board determines that a violation has occurred, the board may |
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impose administrative fines or deny, suspend, revoke, or refuse to renew licensure of the |
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pharmacy in accordance with the provisions of this chapter. |
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(e) Any person who has been injured by a violation of this act may commence a civil |
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action for compensatory and punitive damages, as well as the costs of suit and reasonable fees for |
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attorneys and expert witnesses. |
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(f) Nothing in this section shall be construed to alter any standard or protection under |
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chapter 5 of title 28, the Fair Employment Practices Act. |
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5-19.1-32. Access to over-the-counter contraceptive drugs or devices. – (a) A |
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licensed pharmacy shall fulfill in a timely fashion all lawful requests for contraception approved |
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for over-the-counter use. |
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(b) Where a customer lawfully request contraception approved for over-the-counter use, |
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and that drug is not in stock, the pharmacy shall offer the customer the following options and |
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perform the customer's chosen option in a timely fashion: |
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(1) Obtaining the contraception under standard procedures for expedited ordering of any |
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over-the-counter drug not in stock and promptly notifying the customer when the pharmacy |
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received the contraception; or |
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(2) Locating a pharmacy of the customer's choice or the nearest pharmacy that has the |
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contraception in stock and referring the customer to that pharmacy. |
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(c) Any person who believes that a violation of this act has occurred may file a complaint |
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with the board of pharmacy. If the board determines that a violation has occurred, the board may |
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impose administrative fines or deny, suspend, revoke, or refuse to renew licensure of the |
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pharmacy in accordance with the provisions of this chapter. |
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(d) Any person who has been injured by a violation of this section may commence a civil |
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action for compensatory and punitive damages, as well as the costs of suit and reasonable fees for |
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attorneys and expert witnesses. |
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(e) Nothing in this section shall be construed to alter any standard or protection under |
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chapter 5 of title 28, the Fair Employment Practices Act. |
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SECTION 2. This act shall take effect upon passage. |
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LC01570 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES | |
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This act would set forth certain procedures to be followed by pharmacies in dispensing |
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prescription and over-the-counter contraceptive drugs and/or devices. |
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This act would take effect upon passage. |
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LC01570 | |
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