08 LC 33
2398S
The
House Committee on Health and Human Services offers 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 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
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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.