08 LC 36
1092S
The
Senate Health and Human Services Committee offered the following substitute to
HB 127:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia
Annotated, relating to prescription drugs, so as to change certain provisions
relating to the substitution of generic drugs; to eliminate redundant language
relating to the practice of medicine; to prohibit the substitution of certain
drugs except under certain conditions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating
to prescription drugs, is amended by revising Code Section 26-4-81, relating to
substitution of generic drugs for brand name drugs, as follows:
"26-4-81.
(a)
In accordance with this Code section
and except as
otherwise provided in Code Section
26-4-81.1, a pharmacist may substitute a
drug with the same generic name in the same strength, quantity, dose, and dosage
form as the prescribed brand name drug product which is, in the
pharmacist´s reasonable professional opinion, pharmaceutically
equivalent.
(b)
If a practitioner of the healing arts prescribes a drug by its generic name, the
pharmacist shall dispense the lowest retail priced drug product which is in
stock and which is, in the pharmacist´s reasonable professional opinion,
pharmaceutically equivalent.
(c)
Substitutions as provided for in subsections (a) and (b) of this Code section
are authorized for the express purpose of making available to the consumer the
lowest retail priced drug product which is in stock and which is, in the
pharmacist´s reasonable professional opinion, both therapeutically
equivalent and pharmaceutically equivalent.
(d)
Whenever a substitution is made, the pharmacist shall record on the original
prescription the fact that there has been a substitution and the identity of the
dispensed drug product and its manufacturer. Such prescription shall be made
available for inspection by the board or its representative in accordance with
the rules of the board.
(e)
The substitution of any drug by a registered pharmacist pursuant to this Code
section does not constitute the practice of medicine.
(f)(e)
A patient for whom a prescription drug order is intended may instruct a
pharmacist not to substitute a generic name drug in lieu of a brand name
drug.
(g)(f)
A practitioner of the healing arts may instruct the pharmacist not to substitute
a generic name drug in lieu of a brand name drug by including the words 'brand
necessary' in the body of the prescription. When a prescription is a hard copy
prescription drug order, such indication of brand necessary must be in the
practitioner´s own handwriting and shall not be
printed
preprinted,
applied by rubber stamp, or any such similar means.
A practitioner
of the healing arts may specify a generic manufacturer by indicating such
designation on the prescription. An indication by a practitioner of the healing
arts described in this subsection shall apply to all refills of such
prescription.
(h)(g)
The substitution of any drug by a registered pharmacist pursuant to this Code
section does not constitute the practice of medicine."
SECTION
2.
Said
article is further amended by inserting a new Code section to read as
follows:
"26-4-81.1.
(a)
As used in this Code section, the term:
(1)
'Antiepileptic drug' means:
(A)
Any drug prescribed for the treatment of epilepsy; and
(B)
A drug used to treat or prevent seizures.
(2)
'Epilepsy' means a neurological condition characterized by recurrent
seizures.
(3)
'Interchange' means the substitution of one version of a drug for another,
including a generic version for the prescribed brand name version, a different
formulation of the prescribed brand name version, and a different drug for the
product prescribed.
(4)
'Seizure' means an acute clinical change secondary to a brief disturbance in the
electrical activity of the brain.
(b)
A pharmacist shall not:
(1)
Engage in drug product selection or substitution of any pharmaceutical that is
prescribed to inhibit or prevent immune system activity as part of
immunosuppressive therapy for a patient who has received an organ or tissue
transplant that might increase the probability of the rejection of such
transplanted organ or tissue; or
(2)
Interchange an antiepileptic drug or formulation of an antiepileptic drug
without
the prior consent of the prescribing physician as provided in subsection (f) of
Code Section 26-4-81. When permitted by this Code section, a pharmacist may
substitute a generic version by one manufacturer for a generic version by
another manufacturer if both such versions are AB rated by the federal Food and
Drug Administration.
(c)
This Code section shall not apply to a pharmacist who is a member of the staff
of and dispenses drugs from the pharmacy of an institution classified as a
hospital and issued a permit as an institution under Code Section
31-7-1."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.