07 LC 37
0391
Senate
Bill 294
By:
Senators Murphy of the 27th, Thomas of the 54th and Hill of the 32nd
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 criteria for
substitution of generic drugs for brand name drugs; 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, a pharmacist may
not
substitute a drug
without the
express authorization of the prescribing practitioner; and when such
authorization is given, the pharmacist shall
dispense 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;
authorized by the prescribing
practitioner; 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)
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)
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.
(h)
The substitution of any drug by a registered pharmacist pursuant to this Code
section does not constitute the practice of
medicine."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.