FIFTY-FIRST LEGISLATURE

FIRST SESSION

March 13, 2013

SENATE FLOOR AMENDMENT number ___1___ to HOUSE BILL 393, as amended

Amendment sponsored by Senator Daniel A. Ivey-Soto

    1. On page 1, line 13, before the period, insert "; PROVIDING FOR COMBINING FILLS".

    2. On pages 14 through 16, strike Subsections G and H in their entirety and insert in lieu thereof:

        "G. A prescription shall not be filled:

             (1) as a refill if it is marked by the issuing practitioner to indicate that the prescription is not to be refilled;

             (2) except in compliance with the provisions of the Controlled Substances Act if the drug is a controlled substance;

             (3) unless the fill is made in accordance with the provisions of this section; and

             (4) when the practitioner does not indicate fill instructions on the original prescription calling for a dangerous drug, unless:

                  (a) the practitioner is contacted orally, by telephone or other means of communication for instruction; and

                  (b) if authorization to fill is given the pharmacist, the following information will be immediately transferred to the original prescription: 1) date; 2) name of person authorizing the fill; 3) pharmacist's initials; and 4) amount dispensed if different from the amount indicated on the original prescription.

         H. Nothing in this section shall prevent the owner of livestock or the owner's consignee or their employees to be in possession of drugs for their use in performing routine, accepted livestock management practices in the care of livestock belonging to the owner, and the drugs are labeled as being restricted to animal use only; provided, that if such drugs bear the legend: "CAUTION: federal law restricts this drug to use by or on the order of a licensed veterinarian", the drugs may be used or distributed only as provided in Subsection A of Section 26-1-15 NMSA 1978.

         I. When, on the original prescription calling for a dangerous drug that is not a controlled substance, a practitioner indicates a specific number of fills or a specific period of time during which a prescription may be filled, a drug may be filled the number of times or for the period of time that the prescription indicates if the following information is provided with the prescription:

             (1) the date of fill;

             (2) the initials of the pharmacist filling the prescription; and

             (3) the amount of drug dispensed, if it differs from the amount called for on the original prescription.

         J. A pharmacist may dispense a quantity not to exceed a ninety-day supply of a dangerous drug by combining valid fills when:

             (1) an indication on the prescription or label does not specifically prohibit a combined fill; and

             (2) the dangerous drug to be filled is not a controlled substance.

         K. When the practitioner indicates on the original prescription calling for dangerous drugs that it may be filled "prn", the pharmacist may fill it within the limits of the dosage directions for a period of twelve months, provided the date of filling and the initials of the pharmacist are recorded on the original prescription. At the expiration of the twelve-month period, the practitioner must be contacted for a new prescription; provided that this is not to be construed to apply to those drugs regulated by the Controlled Substances Act.

         L. The board may adopt and promulgate regulations to permit the use of computer systems for the storage and retrieval of prescriptions, records for the purpose of filling prescriptions, receipt records, drug distribution records, drug withdrawals from stock, drug compounding records, drug disposition records and drug disposal records.

         M. As used in this section, "fill" means a dispensing of a drug for the first time or as a refill."".                          

__________________________

                                          Daniel A. Ivey-Soto

Adopted ___________________ Not Adopted _____________________

          (Chief Clerk)                  (Chief Clerk)

                  Date _________________