§ 44-1753 — Prescription medications; ninety-day fill; exceptions

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy in its network from dispensing a ninety-day fill of a prescription medication pursuant to Arizona state board of pharmacy rules and guidance if either:

1. A ninety-day fill of that medication is allowed by the plan sponsor's pharmacy benefit at any retail pharmacy and the retail pharmacy agrees to the reimbursement rate and the contractual requirements required by the plan sponsor or pharmacy benefit manager.

2. A ninety-day fill is required for that medication by the plan sponsor's pharmacy benefit and the retail pharmacy agrees to the reimbursement rate and the contractual requirements required by the plan sponsor or pharmacy benefit manager.

B. This section does not apply to:

1. Dispensing schedule II or III controlled substances.

2. The Arizona health care cost containment system administration and its contractors as defined in section 36-2901 to the extent the services are provided pursuant to title 36, chapter 29 or 34.