STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1503	By:	Schwartz

AS INTRODUCED

An Act relating to professions and occupations; prescribing requirements for prescriptions communicated by electronic transmission; prescribing requirements for electronic transmission devices; permitting certain information to be shown regarding a plan's formulary; providing for codification; and providing an effective date.  

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 353.13B of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  All prescriptions communicated by way of electronic transmission shall:
1.  Be transmitted directly to a pharmacist or pharmacy technician in a licensed pharmacy of the patient’s choice with no intervening person having access to the prescription;
2.  Identify the transmitter’s phone number or any other suitable means to contact the transmitter for verbal or written confirmation, the time and date of transmission, and the identity of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law;
3.  Be transmitted by an authorized practitioner or the designated agent of the practitioner; and
4.  Be deemed the original prescription, provided it meets the requirements of this subsection.
B.  All electronic transmission devices used to communicate a prescription to a pharmacist or pharmacy technician shall:
1.  Allow any legal prescription to be written and entered into the device without interference or limitations prior to submission to a pharmacist or pharmacy technician;
2.  Allow the prescription to be written through a neutral and open platform that does not use any means, program, or device, including, but not limited to, advertising, instant messaging, and pop-up messaging, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of the practitioner at the point of care; and
3.  As set forth in paragraph 2 of this subsection, be limited to messages to the practitioner and staff that are consistent with the label, substantially supported by scientific evidence, accurate, up to date, and fact-based, including a fair and balanced presentation of risks and benefits, and support for better clinic decision-making, such as alerts to adverse events and access to formulary information.  This information shall be consistent with the U.S. Food and Drug Administration regulations for advertising pharmaceutical products and shall not be transmitted selectively or competitively to influence or attempt to influence the prescribing decision of the prescriber.  The distribution of such information shall not diminish the patient’s right to appeal.
Nothing in this subsection shall preclude the use of paper prescriptions.
C.  Notwithstanding the provisions contained in subsection B of this section, individuals or entities may show information regarding a plan’s formulary if:
1.  All covered outpatient drugs and pharmacies, in and out of network, available are readily disclosed to the practitioner; 
2.  Nothing is designed to preclude or make more difficult the practitioner’s or patient’s selection of any particular pharmacy or covered outpatient drug; and
3.  An electronic prior authorization process for allowing approval of an exception to the plan formulary or other restriction is available on the device, providing real-time adjudication.
D.  The State Board of Pharmacy shall promulgate rules regarding the electronic prior authorization process provided for in paragraph 3 of subsection C of this section.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-5915	AM	01/18/11