00                            HOUSE BILL NO. 208                                                                          
01 "An Act relating to the substitution by a pharmacist of an equivalent drug product."                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 08.80.295(a) is amended to read:                                                                   
04            (a)  Subject to the additional requirements of (c) of this section, unless                               
05       [UNLESS] the prescription indicates that it is to be dispensed only as written, the                               
06       pharmacist may, with the consent of the patient or, if the patient is a minor, the                            
07       patient's parent or guardian, substitute an equivalent drug product.                                          
08    * Sec. 2. AS 08.80.295 is amended by adding a new subsection to read:                                              
09            (c)  A pharmacist may not substitute an equivalent drug product for a drug                                   
10       prescribed for epilepsy or for the treatment of seizures under (a) of this section unless                         
11       the pharmacist first obtains the oral or written agreement of the prescriber. If the                              
12       pharmacist is unable to supply the prescribed drug and the prescriber is unavailable to                           
13       discuss a substitution of the prescribed drug, the pharmacist may fill the prescription                           
14       for an amount of the substituted drug that would cover 72 hours of treatment after                                
15       notifying the prescriber of the desired substitution and while waiting for a response                             

01       from the prescriber. After 72 hours, if the prescribed drug and the prescriber are still                          
02       not available, the pharmacist may extend the prescription for the substituted drug for                            
03       another 72 hours, after which the pharmacist must fill the prescription as originally                             
04       written if agreement for the substituted drug is not obtained from the prescriber.                                
05    * Sec. 3. AS 17.20.105(b) is amended to read:                                                                      
06            (b)  Except as provided in (c) of this section, in [IN] preparing a prescription,                        
07       a pharmacist may not substitute a drug for a registered brand or trade name product                               
08       specified unless the pharmacist obtains permission from the author of the prescription;                           
09       but if the prescribing physician, osteopathic physician, dentist, or veterinarian is                              
10       temporarily unavailable, the pharmacist may, if unable to supply the drug requested,                              
11       substitute a drug or preparation of approximately equal therapeutic value as [SO] long                        
12       as the pharmacist notifies the author of the prescription at an early opportunity.                                
13    * Sec. 4. AS 17.20.105 is amended by adding a new subsection to read:                                              
14            (c)  A pharmacist may not substitute an equivalent drug product for a drug                                   
15       prescribed for epilepsy or for the treatment of seizures under (b) of this section unless                         
16       the pharmacist first obtains the oral or written agreement of the prescriber and the                              
17       consent of the patient or, if the patient is a minor, consent of the patient's parent or                          
18       guardian. If the prescriber is unavailable to discuss a substitution of the prescribed                            
19       drug and the pharmacist is unable to supply the prescribed drug, the pharmacist may                               
20       fill the prescription for an amount of the substituted drug that would cover 72 hours of                          
21       treatment after notifying the prescriber of the desired substitution and while waiting                            
22       for a response from the prescriber. After 72 hours, if the prescribed drug and the                                
23       prescriber are still not available, the pharmacist may extend the prescription for the                            
24       substituted drug for another 72 hours, after which the pharmacist must fill the                                   
25       prescription as originally written if agreement for the substituted drug is not obtained                          
26       from the prescriber.