Amendment #1 to H4195

Floor Amendment

Mr. Speliotis of Danvers moves to amend the bill in section 4, by striking out the first paragraph and inserting in place thereof the following paragraph:-

“Section 4JJ.  Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth that provides coverage for prescription eye drops shall provide coverage for refills of prescription eye drops in accordance with the Medicare Part D guidelines on early refills of topical ophthalmic products, where:”; and

by striking out section 6 and inserting in place thereof the following section:-

“SECTION 2.  Chapter 112 of the General Laws is hereby amended by inserting after section 12FF, inserted by section 37 of chapter 52 of the acts of 2016, the following section:-

Section 12GG. (a) A pharmacist may dispense a 90-day supply for a prescribed topical ophthalmic product where:

(1) the practitioner prescribed an initial 30-day prescription for the topical ophthalmic product;

(2) the patient completed the initial 30-day prescription;

(3) the practitioner did not indicate on the original prescription that dispensing the prescription in a specific amount with periodic refills is medically necessary; and

(4) the total quantity of dosage units dispensed, including refills, does not exceed the total quantity of dosage units indicated by the practitioner on the prescription.

(b) The requirements of subsection (a) shall not apply to initial prescriptions for topical ophthalmic products that are prescribed for a 90-day supply.

(c) A pharmacist shall not dispense a prescription refill under this section in excess of the initial prescribed amount if the practitioner instructs otherwise, either orally or in writing.

(d) Within a reasonable time following an increase of supply under this section, the dispensing pharmacist or the pharmacist’s designee shall notify the prescribing practitioner of the increase.

(e) This section shall not apply to topical ophthalmic products that are controlled substances as defined by the Controlled Substances Act, Public Law 91-513, or chapter 94C, except those classified as schedule VI prescription drugs.

(f) This section shall not apply to prescriptions dispensed in a hospital licensed under section 51 of chapter 111; provided, that no retail pharmacy, however organized, shall be exempted from this section.”