Bill Text: IA SF326 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the prescribing of biological products and making penalties applicable. (Formerly SSB 1029.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2017-03-01 - Withdrawn. S.J. 441. [SF326 Detail]

Download: Iowa-2017-SF326-Introduced.html

Senate File 326 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON HUMAN
                                     RESOURCES

                                 (SUCCESSOR TO SSB
                                     1029)

                                      A BILL FOR

  1 An Act relating to the prescribing of biological products and
  2    making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1076SV (2) 87
    tr/nh/rh

PAG LIN



  1  1    Section 1.  Section 155A.3, Code 2017, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  2A.  "Biological product" means the same as
  1  4 defined in 42 U.S.C. {262.
  1  5    NEW SUBSECTION.  19A.  "Interchangeable biological product"
  1  6 means either of the following:
  1  7    a.  A biological product that the United States food and
  1  8 drug administration has licensed and has determined meets
  1  9 the standards for interchangeability pursuant to 42 U.S.C.
  1 10 {262(k)(4).
  1 11    b.  A biological product that the United States food and
  1 12 drug administration has determined to be therapeutically
  1 13 equivalent to another biological product as set forth in the
  1 14 latest edition or supplement of the United States food and
  1 15 drug administration approved drug products with therapeutic
  1 16 equivalence evaluations publication.
  1 17    Sec. 2.  Section 155A.28, Code 2017, is amended to read as
  1 18 follows:
  1 19    155A.28  Label of prescription drugs ==== interchangeable
  1 20 biological product list.
  1 21    1.  The label of any drug, biological product, or device sold
  1 22 and dispensed on the prescription of a practitioner shall be in
  1 23 compliance with rules adopted by the board.
  1 24    2.  The board shall maintain a link on its internet site to
  1 25 the current list of all biological products that the United
  1 26 States food and drug administration has determined to be
  1 27 interchangeable biological products.
  1 28    Sec. 3.  Section 155A.32, Code 2017, is amended to read as
  1 29 follows:
  1 30    155A.32  Drug product selection ==== restrictions.
  1 31    1.  a.  If an authorized prescriber prescribes, in
  1 32 writing, electronically, by facsimile, or orally, a drug
  1 33 by its brand or trade name, the pharmacist may exercise
  1 34 professional judgment in the economic interest of the patient
  1 35 by selecting a drug product with the same generic name
  2  1 and demonstrated bioavailability as the one drug product
  2  2  prescribed for dispensing and sale to the patient. If the
  2  3 cost of the prescription or any part of it will be paid by
  2  4 expenditure of public funds authorized under chapter 249A, the
  2  5 pharmacist shall exercise professional judgment by selecting
  2  6 a drug product with the same generic name and demonstrated
  2  7 bioavailability as the one drug product prescribed for
  2  8 dispensing and sale. If the pharmacist exercises drug product
  2  9 selection, the pharmacist shall inform the patient of the
  2 10 savings which the patient will obtain as a result of the drug
  2 11 product selection and pass on to the patient no less than fifty
  2 12 percent of the difference in actual acquisition costs between
  2 13 the drug prescribed and the drug substituted.
  2 14    b.  If an authorized prescriber prescribes a biological
  2 15 product, the pharmacist may exercise professional judgment in
  2 16 the economic interest of the patient by selecting a biological
  2 17 product that is an interchangeable biological product for the
  2 18 biological product prescribed for dispensing and sale to the
  2 19 patient. If the cost of the prescription or any part of it will
  2 20 be paid by expenditure of public funds authorized under chapter
  2 21 249A, the pharmacist shall exercise professional judgment by
  2 22 selecting a biological product that is an interchangeable
  2 23 biological product for the biological product prescribed for
  2 24 dispensing and sale.
  2 25    2.  The pharmacist shall not exercise the drug or biological
  2 26  product selection described in this section if either any of
  2 27 the following is true:
  2 28    a.  The prescriber specifically indicates that no drug or
  2 29 biological product selection shall be made.
  2 30    b.  The person presenting the prescription indicates that
  2 31 only the specific drug product prescribed should be dispensed.
  2 32 However, this paragraph does not apply if the cost of the
  2 33 prescription or any part of it will be paid by expenditure of
  2 34 public funds authorized under chapter 249A.
  2 35    3.  If selection of a generically equivalent drug product
  3  1 or an interchangeable biological product is made under this
  3  2 section, the pharmacist making the selection shall inform the
  3  3 patient and note that fact and the name of the manufacturer of
  3  4 the selected drug on the prescription presented by the patient
  3  5 or the patient's adult representative or transmitted by the
  3  6 prescriber or the prescriber's authorized agent.
  3  7    4.  a.  Within five business days following the dispensing
  3  8 of a biological product, the dispensing pharmacist or the
  3  9 pharmacist's designee shall make an entry of the specific
  3 10 biological product provided to the patient, including the name
  3 11 of the biological product and the manufacturer. The entry
  3 12 shall be electronically accessible to the prescriber through
  3 13 one of the following means:
  3 14    (1)  An interoperable electronic medical records system.
  3 15    (2)  An electronic prescribing technology.
  3 16    (3)  A pharmacy benefit management system.
  3 17    (4)  A pharmacy record.
  3 18    b.  An entry into an electronic records system as described
  3 19 in this subsection is presumed to provide notice to the
  3 20 prescriber. If the entry is not made electronically, the
  3 21 pharmacist shall communicate the name and manufacturer of the
  3 22 biological product dispensed to the prescriber using facsimile,
  3 23 telephone, electronic transmission, or other prevailing means.
  3 24    c.  Communication under this subsection shall not be required
  3 25 in either of the following circumstances:
  3 26    (1)  There is no federal food and drug
  3 27 administration=approved interchangeable biological product for
  3 28 the product prescribed.
  3 29    (2)  A refill prescription is not changed from the product
  3 30 dispensed on the prior filling of the prescription.
  3 31                           EXPLANATION
  3 32 The inclusion of this explanation does not constitute agreement with
  3 33 the explanation's substance by the members of the general assembly.
  3 34    This bill adopts by reference to federal law a definition of
  3 35 "biological product" and defines "interchangeable biological
  4  1 product". As described by the United States food and drug
  4  2 administration, a "biological product" is a medical product,
  4  3 often made from a variety of natural sources, used for a broad
  4  4 range of diseases or conditions, particularly chronic, serious,
  4  5 or life=threatening conditions such as cancer and rheumatoid
  4  6 arthritis.
  4  7    The bill provides that pharmacists may use professional
  4  8 judgment to distribute an interchangeable biological product
  4  9 when an authorized prescriber prescribes a biological product.
  4 10 The bill requires the board of pharmacy to maintain a link
  4 11 on its internet site to the current list of all biological
  4 12 products that the United States food and drug administration
  4 13 has determined to be interchangeable biological products.
  4 14    The bill provides that a pharmacist may not dispense
  4 15 an interchangeable biological product if the prescriber
  4 16 specifically indicates that no product selection shall be made
  4 17 or the person presenting the prescription indicates that only
  4 18 the specific biological product prescribed should be dispensed.
  4 19    The bill removes a provision that requires a pharmacist
  4 20 to pass on to the patient no less than 50 percent of the
  4 21 difference in actual acquisition costs between the drug
  4 22 prescribed and the drug substituted and inform a patient of
  4 23 those savings if the pharmacist makes a drug product selection.
  4 24    The bill requires a pharmacist to notify a patient whenever
  4 25 the pharmacist selects a generically equivalent drug product or
  4 26 an interchangeable biological product.
  4 27    The bill requires that within five days of dispensing an
  4 28 interchangeable biological product, a pharmacist must make
  4 29 an entry into one of a specified type of electronic records
  4 30 systems noting the name and manufacturer of the biological
  4 31 product. According to the bill, such an entry is deemed to
  4 32 provide notice to the prescriber if done electronically. If
  4 33 it is not done electronically, the pharmacist must otherwise
  4 34 provide the name and manufacturer of the biological product to
  4 35 the prescriber. Such communication is not required if a refill
  5  1 prescription is not changed from the product dispensed on the
  5  2 prior filling of the prescription.
  5  3    A person who violates these provisions with regard to
  5  4 a noncontrolled substance shall be guilty of a serious
  5  5 misdemeanor for a first violation, an aggravated misdemeanor
  5  6 for a second offense or if the person has been convicted with
  5  7 a violation of laws relating to prescription drugs or devices
  5  8 in other jurisdictions, or a class "D" felony for a third
  5  9 offense or a second offense with prior conviction in another
  5 10 jurisdiction. A person who violates these provisions with
  5 11 regard to a controlled substance shall be punished pursuant to
  5 12 Code section 124.401, subsection 1, and other provisions of
  5 13 Code chapter 124, division IV.
       LSB 1076SV (2) 87
       tr/nh/rh
feedback