09 LC 33
3005
Senate
Bill 209
By:
Senators Hawkins of the 49th, Goggans of the 7th and Thomas of the 54th
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 limit a pharmacist from
substituting a drug as part of immunosuppressive therapy; 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 adding a new Code section to read as
follows:
"26-4-81.1.
A
pharmacist shall not engage in substitution of any drug 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 transplant without the consent of the
prescribing physician. If the pharmacist, after reasonable attempts, is unable
to contact the prescribing physician as required under this Code section, the
pharmacist may substitute a generically equivalent immunosuppressive drug for a
period of no longer than 96 hours. 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 versions are AB rated by the federal
Food and Drug Administration. This Code section shall not apply to a pharmacist
who is a member of the staff of and dispenses drugs from the pharmacy of a
hospital issued a permit as an institution under Code Section
31-7-1."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.