08 HB
1042/CSFA
House
Bill 1042 (COMMITTEE SUBSTITUTE) (AM)
By:
Representatives Cooper of the
41st,
Wilkinson of the
52nd,
Rynders of the
152nd,
Maddox of the
172nd,
Dickson of the
6th,
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 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 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 no longer than 96 hours until communication can be established with the
prescribing physician or designee. In the event that a physician wants to
specify a generic manufacturer for immunosuppressive drugs, such physician shall
clearly indicate 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.
All
laws and parts of laws in conflict with this Act are repealed.