1. Except as otherwise provided in subsection 2, pursuant to a valid prescription or order for a drug to be used for contraception or its therapeutic equivalent which has been approved by the Food and Drug Administration, a pharmacist shall: (a) If the patient is not currently using the drug or its therapeutic equivalent, dispense up to a 3-month supply of the drug or therapeutic equivalent or any amount designated by the prescription or order, whichever is less. (b) If the drug or therapeutic equivalent has only been dispensed to the patient once pursuant to paragraph (a), dispense up to a 9-month supply of the drug or therapeutic equivalent, any amount designated by the prescription or order or any amount which covers the remainder of the plan year if the patient is covered by a health care plan, whichever is less. (c) For a refill in a plan year following the initial dispensing of a drug or therapeutic equivalent pursuant to paragraphs (a) and (b), dispense a 12-month supply of the drug or therapeutic equivalent, any amount designated by the prescription or order or any amount which covers the remainder of the plan year if the patient is covered by a health care plan, whichever is less. 2. A pharmacist is not required to dispense an amount of a drug to be used for contraception or its therapeutic equivalent for which the patient is unable or unwilling to pay any applicable charge, copayment or coinsurance due to the pharmacy. 3. As used in this section: (a) Health care plan means a policy, contract, certificate or agreement offered or issued by an insurer, including without limitation, the State Plan for Medicaid, to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services. (b) Plan year means the year designated in the evidence of coverage of a health care plan in which a person is covered by such plan. (c) Therapeutic equivalent means a drug which: (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug; (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.
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