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Bill > SB137


WI SB137

The duty of a pharmacist to dispense lawfully prescribed drugs and devices. (FE)


summary

Introduced
03/14/2025
In Committee
03/14/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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 LRB-0508/1 JPC:cdc 2025 - 2026 Legislature SENATE BILL 137 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, Xabsolute contraindicationY 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. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill expands the duty of pharmacies to dispense lawfully prescribed drugs and devices without delay, broadening the scope beyond just contraceptives. The bill introduces a new definition of "absolute contraindication," which means a condition that renders a particular drug or device unsafe under any circumstances due to severe or potentially life-threatening risks. Pharmacies can now only refuse to dispense a prescription under specific circumstances, such as if the prescription contains an obvious error, is incompatible with other prescribed medications, or is potentially fraudulent. If a pharmacist refuses to dispense a medication due to conscientious objection, the pharmacy must transfer the prescription to another pharmacy that will fulfill it without delay. Additionally, the bill prohibits pharmacy benefit managers from penalizing pharmacies or pharmacists for dispensing drugs prescribed for off-label uses, provided the prescription is valid. These changes aim to ensure patients have more consistent access to prescribed medications while protecting pharmacists' right to conscientious objection and providing safeguards against potentially harmful drug interactions or prescriptions.

Committee Categories

Government Affairs

Sponsors (7)

Last Action

Fiscal estimate received (on 06/13/2025)

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