Bill Text: NJ A2187 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires pharmacist to dispense epilepsy drug from same manufacturer as previously dispensed for certain patients, unless otherwise prescribed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - Introduced, Referred to Assembly Health and Senior Services Committee [A2187 Detail]
Download: New_Jersey-2012-A2187-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Requires pharmacist to dispense epilepsy drug from same manufacturer as previously dispensed for certain patients, unless otherwise prescribed.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the dispensing 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. 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.
"Seizure" means an acute clinical change secondary to a brief disturbance in the electrical activity of the brain.
2. On a prescription for an antiepileptic drug that is prescribed for epilepsy or seizures, a physician shall include an epilepsy or seizure diagnosis indicated by a diagnosis code written on the prescription.
3. A pharmacist shall dispense a prescription for an antiepileptic drug from the same manufacturer as most recently dispensed by that pharmacy to a patient whom the pharmacist knows to have an epilepsy or seizure diagnosis based on a prescription submitted pursuant to section 2 of this act; provided however:
a. If a new prescription is for a brand name drug and is marked "do not substitute," the pharmacist shall dispense the brand name drug as prescribed; or
b. If a new prescription is for a brand name drug and is not marked "do not substitute," but the previous prescription for the same drug was marked "do not substitute," a generic drug shall be dispensed, pursuant to section 8 of P.L.1977, c.240 (C.24:6E-7).
4. If the pharmacy does not currently stock the drug from the same manufacturer as most recently dispensed by that pharmacy to a patient, or as indicated by the physician on the prescription, and the pharmacist knows the patient to have an epilepsy or seizure diagnosis based on a prescription submitted pursuant to section 2 of this act, the pharmacist shall so provide oral notification, or written notification by electronic mail or facsimile, to the prescribing physician within 24 hours, and shall proceed to dispense the prescription with an available generic drug substitute.
5. a. The New Jersey State Board of Pharmacy shall establish the format, font size, and content of the notification required under section 4 of this act through rules and regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
b. The notification, which shall be written in clear and plain language, shall include, but not be limited to, the following:
(1) notification to the physician that section 8 of P.L.1977, c.240 (C.24:6E-7) currently states that where the prescriber indicates "substitution permissible and requests the pharmacist to notify him of the substitution," the pharmacist shall transmit notice specifying the drug product actually dispensed and the name of the manufacturer thereof;
(2) the name and manufacturer of the generic drug substitute dispensed to the patient;
(3) the name and manufacturer of the most recent drug that was dispensed by that pharmacy to the patient prior to the dispensing of the generic drug substitute and;
(4) notification to the physician that in order to ensure precise control over a patient's antiepileptic drug regimen, the prescribing physician may specify, on a prescription for a generic drug, the specific name and manufacturer of the drug, and mark "do not substitute."
6. Sections 1, 2, 3, and 5 of this act shall take effect immediately and section 4 shall take effect on the first day of the seventh month following the date of enactment, but the Executive Director of the New Jersey State Board of Pharmacy may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill requires a physician to include an epilepsy or seizure diagnosis on a prescription for an antiepileptic drug that is prescribed for epilepsy or seizures. The diagnosis is to be indicated by a diagnosis code written on the prescription.
Under the provisions of this bill, a pharmacist shall dispense an epilepsy drug from the same manufacturer as previously dispensed by that pharmacy to a patient known to have an epilepsy or seizure diagnosis; provided however, if a new prescription is for a brand name drug and is marked "do not substitute," the pharmacist shall dispense the brand name drug as prescribed. If a new prescription for a brand name drug is not marked "do not substitute," but the previous prescription for the same drug was marked "do not substitute," a generic drug shall be dispensed pursuant to section 8 of P,.L.1977, c.240 (C.24:6E-7).
If the pharmacy does not currently stock the prescribed drug from the same manufacturer as most recently dispensed by that pharmacy to the patient, or as indicated by the physician on the prescription, and the pharmacist knows the patient to have an epilepsy or seizure diagnosis based on the physician's coding on the prescription, the pharmacist shall dispense a generic drug substitute and, within 24 hours, provide the prescribing physician with oral or written notification of, at a minimum, the name and manufacturer of the generic drug substitute dispensed to the patient, and the name and manufacturer of the most recent drug dispensed by that pharmacy to the patient prior to the dispensing of the generic drug substitute. This notice requirement takes effect on the first day of the seventh month after enactment of the bill.
The State Board of Pharmacy shall establish, by regulation, additional format and content to be included on the notice to a physician required pursuant to this bill, and the Executive Director of the New Jersey State Board of Pharmacy may take such anticipatory administrative action in advance thereof as necessary for the implementation of this substitute.
