SB385 (2008) Detail

Requiring pharmacies to report an inability to fill prescriptions.


SB 385 – AS AMENDED BY THE SENATE

02/07/08 0342s

2008 SESSION

08-2676

08/10

SENATE BILL 385

AN ACT requiring pharmacies to report an inability to fill prescriptions.

SPONSORS: Sen. Cilley, Dist 6; Sen. Sgambati, Dist 4; Sen. Fuller Clark, Dist 24; Sen. DeVries, Dist 18; Rep. Miller, Straf 7; Rep. J. Tilton, Merr 6; Rep. Pilliod, Belk 5

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill requires a pharmacy to report to the pharmacy board when it is unable to fill prescriptions.

The provisions of the bill are repealed in 2010.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/07/08 0342s

08-2676

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT requiring pharmacies to report an inability to fill prescriptions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Rulemaking; Reports of Inadequately Staffed or Unstaffed Pharmacies. Amend RSA 318:5-a by inserting after paragraph XVIII the following new paragraph:

XIX. Procedures for the reporting of pharmacies unable to fill prescriptions due to inadequate or unavailable pharmacists under RSA 318:40-a.

2 New Section; Report of Inadequate Staffing. Amend RSA 318 by inserting after section 40 the following new section:

318:40-a Report of Inadequate Staffing.

I. A pharmacy shall report to the pharmacy board within 15 days of:

(a) A closure or inability to fill prescriptions during regular business hours due to the unavailability of a pharmacist.

(b) An inability to fill all prescriptions requested in a single day such that customers are asked to return on a subsequent day for their prescription due to an inadequate number of pharmacists available to fill prescriptions.

II. Such report shall include:

(a) The customary hours of operation of the pharmacy;

(b) The number of hours closed due to inability to fill prescriptions, if applicable;

(c) The reason for the inability to fill prescriptions; and

(d) Any attempts made to ensure the provision of necessary pharmaceuticals to pharmacy customers during the inability to fill prescriptions.

3 Repeal. The following are repealed:

I. RSA 318:5-a, XIX, relative to rulemaking for reports of inadequately staffed or unstaffed pharmacies.

II. RSA 318:40-a, relative to reports of inadequate staffing.

4 Effective Date.

I. Section 3 of this act shall take effect July 1, 2010.

II. The remainder of this act shall take effect July 1, 2008.