HB0240 Childers, Doyle et al

P R E F I L E D

HB 240 -- Prescriptions

This bill revises the procedures by which a prescriber instructs a pharmacist as to whether a less expensive generic version of a drug may be dispensed in lieu of a brand name drug and also revises the forms on which prescription orders are written.

Under current law, the prescriber signs the form on one of two signature lines, one of which directs the pharmacist to dispense as written and the other of which allows the pharmacist to substitute a less expensive generic equivalent for the brand name drug. All prescriptions must be written on such forms and a prescription will not be valid unless the prescriber signs one of the signature lines. A pharmacist who receives a prescription for a brand name drug on a prescription form on which the prescriber authorizes a substitution may dispense a less expensive generic product unless otherwise directed by the purchaser. This bill repeals the standards described in this paragraph.

Instead, this bill provides that a pharmacist who receives a written prescription for a brand name drug may dispense a less expensive generic equivalent product unless the prescriber writes "brand medication necessary" in his or her own handwriting on the prescription form. Also, prescriptions delivered orally may include instructions as to whether a generic drug may be substituted; under current law, such instructions must be included. A pharmacist may not dispense a generic equivalent product under a prescription for a brand name drug except as provided in this paragraph.