Bill Text: NJ A1995 | 2010-2011 | Regular Session | Introduced

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Bill Title: Requires pharmacist to dispense epilepsy drug from same manufacturer as previously dispensed for certain patients. *

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2010-06-28 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [A1995 Detail]

Download: New_Jersey-2010-A1995-Introduced.html

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ASSEMBLY, No. 1995

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2010

 

 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington and Camden)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen)

Assemblyman  LOUIS D. GREENWALD

District 6 (Camden)

 

 

 

 

SYNOPSIS

     Prohibits substitution of prescribed epilepsy drugs by pharmacists without prior notification to physician and patient, and physician's prior approval.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning substitution of epilepsy drugs and supplementing P.L.1977, c.240 (C.24:6E-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. a.  Notwithstanding any law to the contrary, if a prescribing physician indicates through code or description an epilepsy or seizure diagnosis, a pharmacist shall not interchange an antiepileptic drug or formulation of an antiepileptic drug, brand or generic, without providing prior notification to the patient, or the patient's parent, legal guardian or spouse, as applicable, and obtaining prior approval from the prescribing physician.

     b.    As used in this act:

     "Antiepileptic drug" means any drug prescribed for the treatment of epilepsy or a drug used to treat or prevent seizures.

     "Epilepsy" means a neurological condition characterized by recurrent seizures.

     "Interchange" means the substitution of one version of the same antiepileptic therapeutic product, including a generic version for the prescribed brand, a brand version for the prescribed generic version, a generic version by one manufacturer for a generic version by a different manufacturer, a different formulation of the prescribed antiepileptic drug, or a different  antiepileptic therapeutic drug product for the antiepileptic product originally prescribed.

     "Seizure" means an acute clinical change secondary to a brief disturbance in the electrical activity of the brain.

 

     2.    This act shall take effect on the first day of the second month following the date of enactment.

 

 

STATEMENT

 

     This bill prohibits a pharmacist from interchanging a brand or generic antiepileptic drug without prior notification to the patient, or the patient's parent, legal guardian or spouse, as applicable, and obtaining prior approval from the prescribing physician, if the prescribing physician indicates through code or description an epilepsy or seizure diagnosis.

     The bill defines:

     --  "antiepileptic drug" to mean any drug prescribed for the treatment of epilepsy or a drug used to treat or prevent seizures;

     --  "epilepsy" to mean a neurological condition characterized by recurrent seizures; and

     --  "interchange" to mean the substitution of one version of the same antiepileptic therapeutic product, including a generic version for the prescribed brand, a brand version for the prescribed generic version, a generic version by one manufacturer for a generic version by a different manufacturer, a different formulation of the prescribed antiepileptic drug, or a different antiepileptic therapeutic drug product for the antiepileptic product originally prescribed.