SSB 5459

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 262 L 13

Synopsis as Enacted

Brief Description: Requiring ninety-day supply limits on certain drugs dispensed by a pharmacist.

Sponsors: Senate Committee on Health Care (originally sponsored by Senators Becker, Keiser, Parlette, Dammeier and Kline).

Senate Committee on Health Care

House Committee on Health Care & Wellness

Background: The State Board of Pharmacy, within the Department of Health, regulates the licensing of pharmacists and the practice of pharmacy. In general, pharmacists may dispense medications consistent with the prescription or order; however, a pharmacist may make product substitutions or modifications to the prescription under some conditions.

A number of states have passed legislation allowing pharmacists to dispense refills of a prescription with up to a 90-day supply without the direct order of the prescriber.

Summary: A pharmacist may dispense up to a 90-day supply of a drug, other than a controlled substance, with a valid prescription that specifies the initial quantity of less than a 90-day supply followed by refills, if all of the following requirements are met:

A pharmacist may not dispense a greater supply of a drug if the prescriber indicates no change to quantity orally or in the prescriber's own handwriting, or if the prescriber checks the box on the prescription marked no change to quantity and personally initials the box or checkmark. The pharmacist dispensing an increased supply of the drug must notify the prescriber of the increase in the dosage dispensed.

Nothing may be construed to require a health benefit plan, workers' compensation insurance plan, pharmacy benefit manager, or other entity, to provide coverage for a drug in a manner inconsistent with the patient's benefit plan.

Votes on Final Passage:







(House amended)




(Senate concurred)


July 28, 2013.