Section 450.095. Duty to dispense contraceptives.

 

(1)  In this section:

(a) “Contraceptive drug or device" means any drug or device approved by the federal food and drug administration that is used to prevent pregnancy, including a contraceptive drug or device restricted to distribution by a pharmacy.

(b) “Without delay" means within the usual and customary time frame reasonably expected at a pharmacy for dispensing or distributing a prescription that is not a contraceptive drug or device.

(2)  Unless one or more of the following applies, a pharmacy shall dispense lawfully prescribed contraceptive drugs and devices and shall deliver contraceptive drugs and devices restricted to distribution by a pharmacy to a patient without delay:

(a) The prescription contains an obvious or known error or contains inadequate instructions.

(b) The prescription is contraindicated for the patient, is incompatible with another drug or device prescribed for the patient, or is prohibited by state or federal law.

(c) The prescription is potentially fraudulent.

(3)  Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.

(4)  Nothing in this section may be construed to abrogate a pharmacist's legal and ethical obligations to comply with the laws of this state.

2009 a. 28 , 276 .