Bill Text: NJ A3168 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes procedures for pharmacists to seek approval to dispense alternative product in place of prescribed epinephrine auto-injector device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-08 - Introduced, Referred to Assembly Health and Senior Services Committee [A3168 Detail]
Download: New_Jersey-2018-A3168-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Establishes procedures for pharmacists to seek approval to dispense alternative product in place of prescribed epinephrine auto-injector device.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prescriptions for epinephrine and amending P.L.1977, c.240.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1977, c.240 (C.24:6E-7) is amended to read as follows:
8. Every prescription blank shall be imprinted with the words, "substitution permissible" and "do not substitute" and shall contain space for the physician's or other authorized prescriber's initials next to the chosen option. Notwithstanding any other law, unless the physician or other authorized prescriber explicitly states that there shall be no substitution when transmitting an oral prescription or, in the case of a written prescription, indicates that there shall be no substitution by initialing the prescription blank next to "do not substitute," a different brand name or nonbrand name drug product of the same established name shall be dispensed by a pharmacist if such different brand name or nonbrand name drug product shall reflect a lower cost to the consumer and is contained in the latest list of interchangeable drug products published by the council; provided, however, where the prescriber indicates "substitution permissible, and requests the pharmacist to notify [him] the prescriber of the substitution," the pharmacist shall transmit notice, either orally or by written notice to be mailed no later than the end of the business day, to the prescriber specifying the drug product actually dispensed and the name of the manufacturer thereof. [However, no]
If the consumer is prescribed an epinephrine auto-injector device and there is an alternate epinephrine auto-injector product available that would reflect a lower cost to the consumer, the pharmacist shall, regardless of whether the alternate epinephrine auto-injector product is included in the latest list of interchangeable drug products for the prescribed epinephrine auto-injector device, advise the consumer of the availability of the alternate epinephrine auto-injector product, advise the consumer of the potential cost difference between the prescribed device and the alternate product, and, with the consumer's consent, dispense the alternate epinephrine auto-injector product to the consumer, unless the prescriber has indicated that substitution is not permissible. If the prescriber has indicated that substitution is not permissible, the pharmacist shall dispense the epinephrine auto-injector device as prescribed.
In no case shall a drug interchange [shall] be made unless a savings to the consumer results, and the pharmacist passes such savings on to the consumer in full by charging no more than the regular and customary retail price for the drug to be substituted.
For prescriptions filled other than by mail, the consumer may, if a substitution is indicated and prior to having [his] the prescription filled, request the pharmacist or [his] the pharmacist's agent to inform [him] the consumer of the price savings that would result from substitution. If the consumer is not satisfied with said price savings [he] the consumer may, upon request, be dispensed the drug product prescribed by the physician. The pharmacist shall make a notation of such request upon the prescription blank.
(cf: P.L.1977, c.240, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill establishes certain requirements concerning prescriptions for epinephrine auto-injector devices. Specifically, if a patient is prescribed an epinephrine auto-injector device, and there is an alternate epinephrine auto-injector product available that would reflect a lower cost to the patient, the pharmacist processing the prescription will be required to advise the patient of the availability of the alternate epinephrine auto-injector product and the potential difference in cost between the prescribed and the alternate products. If the patient consents, the pharmacist will then dispense the alternate epinephrine auto-injector product, unless the prescriber has indicated that substitution is not permissible. If the prescriber has indicated that substitution is not permissible, the pharmacist will dispense the epinephrine auto-injector device as prescribed.
The requirements of the bill will apply regardless of whether the alternate epinephrine product is included in the current list of interchangeable drug products for the prescribed epinephrine auto-injector device.
