08 LC 33
2593S
The
Senate Health and Human Services Committee offered the following substitute to
HB 1042:
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 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 that a brand necessary
indication applies to refills; 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:
"26-4-91.
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 as provided in subsection (g) of Code Section 26-4-81. 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 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. Maximum allowable
cost pricing shall not be imposed on the immunosuppressive drug products
described in this Code section."
SECTION
2.
Said
article is further 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
3.
All
laws and parts of laws in conflict with this Act are repealed.