SB280 By Senators Dunn, Orr and Beasley RFD Health and Human Services Rd 1 23-FEB-16

SYNOPSIS: Under existing law, as a condition of participation in the Public Education Employees Health Insurance Programs (PEEHIP), a pharmacist is required to dispense a generic equivalent medication to fill a prescription for a PEEHIP patient when one is available unless the physician indicates otherwise in longhand writing on the prescription.

This bill would allow a prescribing physician to also indicate that a generic equivalent drug should not be used by indicating such by mark or signature in the appropriate place on the prescription or by indicating such in an electronic prescription.

A BILL TO BE ENTITLED AN ACT

To amend Section 16-25A-18, Code of Alabama 1975, relating to generic equivalent medications, to allow a prescribing physician to also indicate that a generic equivalent drug should not be used by indicating such by mark or signature in the appropriate place on the prescription or by indicating such in an electronic prescription.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 16-25A-18, Code of Alabama 1975, is amended to read as follows:

§16-25A-18.

"As a condition of participation in the Public Education Employees Health Insurance Programs (PEEHIP), a pharmacist shall dispense a generic equivalent medication to fill a prescription for a patient covered by PEEHIP when one is available unless the physician indicates in longhand writing on the prescription, indicates by mark or signature in the appropriate place on the prescription, or indicates in an electronic prescription, the following: "medically Necessary" or "dispense as written" or "do not substitute". The generic equivalent drug product dispensed shall be pharmaceutically and therapeutically equivalent and contain the same active ingredient or ingredients, and shall be of the same dosage, form, and strength."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Prescription Drugs

Pharmacists

Physicians

Public Education Employees' Health Insurance Program

Code Amended