09 LC 38
0831ER
House
Bill 523
By:
Representatives Lunsford of the
110th,
Cooper of the
41st,
Harbin of the
118th,
Randall of the
138th,
Jerguson of the
22nd,
and others
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 provide that a brand
necessary indication applies to refills; to prohibit a pharmacist from engaging
in drug product selection or substitution for a patient undergoing
immunosuppressive therapy to prevent transplant rejection without prior consent
of the patient and prescribing physician; 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 subsection (g) of Code Section
26-4-81, relating to substitution of generic drugs for name brand drugs, as
follows:
"(g)
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, applied by rubber
stamp, or any such similar means.
Such
indication by a practitioner of the healing arts shall apply to all refills of
such prescription."
SECTION
2.
Said
article is further is further amended by adding a new Code section to read as
follows:
"26-4-91.
Notwithstanding
any other provision of law, a pharmacist shall not engage in drug product
selection or substitution of any pharmaceutical that is prescribed as part of
immunosuppressive therapy for a patient that has received an organ or tissue
transplant to inhibit or prevent immune system activity that might increase the
probability of the rejection of such transplanted organs or tissues without
first obtaining the consent of the patient and of the prescribing physician or
his or her designee. 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 72 hours until communication can be established with
the prescribing physician or designee. A physician may specify a generic
manufacturer for immunosuppressive drugs by indicating such designation on the
prescription. 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
3.
All
laws and parts of laws in conflict with this Act are repealed.