Bill Text: NJ A3554 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires physicians to inform consumers of pharmacy dispensing procedures for different brand or nonbrand drug products prior to prescribing drug products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-04 - Introduced, Referred to Assembly Health and Senior Services Committee [A3554 Detail]
Download: New_Jersey-2016-A3554-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Requires physicians to inform consumers of pharmacy dispensing procedures for different brand or nonbrand drug products prior to prescribing drug products.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prescriptions of different brand or nonbrand name drug products 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 or electronically submitted 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 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.
Prior to the physician or
other authorized prescriber transmitting an oral prescription or writing a
prescription, the physician or authorized prescriber shall inform the consumer:
that when filling the prescription, unless the physician or other authorized
prescriber
explicitly states that there shall be no substitution or indicates that
substitution is permissible and requests notification of the substitution in
accordance with the provisions of this section, a different brand name or
nonbrand name drug product shall be dispensed by the pharmacist; and about the
circumstances under which, when a substitution is indicated, the consumer may
request that the drug product prescribed by the physician be dispensed.
(cf: P.L.1977, c.240, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill amends section 8 of P.L.1977, c.240 (C.24:6E-7) to require a physician or other authorized prescriber, prior to transmitting an oral prescription or writing a prescription, to inform a consumer: that when filling the prescription, unless the physician or prescriber explicitly states that there will be no substitution or indicates that substitution is permissible and requests notification of the substitution in accordance with the provisions of the law, a different brand name or nonbrand name drug product would be dispensed by a pharmacist; and about the circumstances under which, when a substitution is indicated, the consumer is allowed to request that the drug product prescribed by the physician be dispensed.
Currently, a physician or other authorized provider is required to choose the "do not substitute" or "substitution permissible" option on every prescription blank, and to place their initials next to the chosen option. The law does not require a physician or other authorized provider to inform a consumer that unless the "do not substitute" or "substitution permissible" is explicitly indicated on a prescription blank, pharmacists are required to dispense a different brand name or nonbrand name drug product as provided by law or that the consumer, under certain circumstances, is allowed to request that the specific name brand drug product prescribed by the physician be dispensed.
The bill also amends section 8 of P.L.1977, c.240 to require a pharmacist to electronically transmit notification to the prescriber specifying the drug product actually dispensed and the name of the manufacturer when the prescriber indicates "substitution permissible and requests the pharmacist to notify the prescriber of the substitution" on a prescription blank. Under current law, the pharmacist is required to notify the prescriber of the substitution either orally or by mail but not by electronic transmission.
Many patients do not have a relationship with a pharmacist and may not inquire about different brand name and nonbrand name drug products and the circumstances under which a pharmacist is required to substitute for the specific name brand drug product prescribed by the physician. Therefore, it is the intent of this legislation to allow a patient's physician to share information about different brand name and nonbrand name drug products and the procedures used by pharmacists when filling a prescription.
