Bill Text: GA SB111 | 2011-2012 | Regular Session | Introduced

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Bill Title: Pharmacists; electronic data prescription drug order; provide certain requirements for any electronic transmission mechanism

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2011-02-22 - Senate Read and Referred [SB111 Detail]

Download: Georgia-2011-SB111-Introduced.html

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11 LC 36 1772

Senate Bill 111

By: Senators Carter of the 1st, Goggans of the 7th and Bethel of the 54th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide certain requirements for any electronic transmission mechanism used to transmit an electronic data prescription drug order to a pharmacist; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraphs (14.4) and (14.5) of Code Section 26-4-5, relating to definitions, as follows:

"(14.4)(14.5) 'Electronic visual image prescription drug order' means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an electronic reproduction of the visual image of the practitioner's signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or other equipment to a pharmacy, and contains all information required by state law and regulations of the board.

(14.5)(14.6) 'Electronic visual image signature' means any exact visual image of a practitioner's signature reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is on a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or other equipment."

SECTION 2.

Said chapter is further amended by adding a new paragraph to Code Section 26-4-5, relating to definitions, to read as follows:

"(14.4) 'Electronic transmission mechanism' means any mechanism used to transmit an electronic data prescription drug order."

SECTION 3.

Said chapter is further amended by adding a new paragraph to subsection (c) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, to read as follows:

"(2.1) Any electronic transmission mechanism used to transmit an electronic data prescription drug order to a pharmacist shall:

(A) Allow any electronic data prescription drug order to be written and entered into such electronic transmission mechanism without interference or limitations prior to submission to a pharmacy;

(B) Allow the electronic data prescription drug order to be written through a neutral and open platform that does not use any means, program, or mechanism, including, but not limited to, advertising, instant messaging, and pop-up messaging, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner;

(C) Make available to the prescribing practitioner information regarding a plan's specific formulary, if the following conditions are met:

(i) All available covered outpatient drugs and pharmacies, both in and out of network, shall be readily disclosed to the prescribing practitioner;

(ii) Nothing shall be designed to preclude or make more difficult the prescribing practitioner's or patient's selection for any particular pharmacy or covered outpatient drug;

(iii) Such information shall be limited to messages to the prescribing practitioner and his or her staff that are consistent with the label, substantially supported by scientific evidence, accurate, up to date, and fact based, including a fair and balanced presentation of risks and benefits and support for better clinical decision making, such as alerts to adverse events and access to formulary information. Such information shall be consistent with the United States Food and Drug Administration regulations for advertising pharmaceutical products and shall not be selectively or competitively pushed to the prescribing practitioner. The distribution of such information shall not diminish the patient's right to appeal; and

(iv) Copayment and cost-sharing data, specific to the patient's relevant formulary and entitled benefits, shall be accessible to the prescribing practitioner electronically for reference as part of the electronic transmission mechanism; and

(D) Provide an electronic prior authorization process for allowing approval of an exception to the plan formulary or other restriction which shall:

(i) Be required as part of systems that facilitate an electronic data prescription drug order to be written and entered into such electronic transmission mechanism;

(ii) Utilize a universal format for prior authorization requests if so developed by this state;

(iii) Provide specific feedback on acceptable and approvable reasons for approval of a prior authorization request for a medication prescribed for a patient; and

(iv) Provide real-time adjudication of the prior authorization request that facilitates an explanation of benefits for the patient with information on how to appeal the denial of the requested medication."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.