HB 455: "An Act requiring the use of generic drugs except in certain circumstances; and authorizing specified terms on a prescription."
00 HOUSE BILL NO. 455 01 "An Act requiring the use of generic drugs except in certain circumstances; and 02 authorizing specified terms on a prescription." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.02 is amended by adding a new section to read: 05 Sec. 08.02.055. Prescription forms. A dentist licensed under AS 08.36, a 06 physician licensed under AS 08.64, a nurse licensed under 08.68, and an optometrist 07 licensed under AS 08.72 who prescribe medication for a patient may use a written 08 prescription form containing a box in the lower right-hand corner of the prescription 09 form with the following words appearing to the left of the box: "A drug that is the 10 generic and therapeutic equivalent of the drug specified above in this prescription 11 must be dispensed if a check mark is not made in this box and if the drug has been 12 approved by the Department of Health and Social Services as a more cost-effective 13 alternative." 14 * Sec. 2. AS 08.80.294(a) is amended to read:
01 (a) In addition to other information that may be required under state or federal 02 laws or regulations, a pharmacist, when dispensing a [BRAND-NAME] prescription 03 drug order, shall include the generic drug name that is an equivalent drug product for 04 the drug dispensed and the name or abbreviation of the generic drug 05 manufacturer or distributor. 06 * Sec. 3. AS 08.80.295(a) is amended to read: 07 (a) Unless the prescription indicates that it is to be dispensed only as written, 08 the pharmacist shall [MAY, WITH THE CONSENT OF THE PATIENT,] substitute 09 an equivalent drug product that has been approved by the Department of Health 10 and Social Services as a more cost-effective alternative than the drug prescribed. 11 * Sec. 4. AS 08.80.295 is amended by adding a new subsection to read: 12 (c) This section does not apply to a prescription ordered by a practitioner for a 13 patient in a hospital when that prescription is filled by a hospital pharmacy or in a 14 facility that has adopted a formulary system. 15 * Sec. 5. AS 17.20.105(b) is amended to read: 16 (b) Except for a prescription filled in a hospital or other institution that 17 has established a formulary system, in [IN] preparing a prescription, a pharmacist 18 shall [MAY NOT] substitute a generic and therapeutically equivalent drug that 19 has been approved by the Department of Health and Social Services as a more 20 cost-effective alternative drug for a registered brand or trade name product specified 21 unless [THE PHARMACIST OBTAINS PERMISSION FROM] the author of the 22 prescription indicates that the prescription is to be dispensed only as written [; 23 BUT IF THE PRESCRIBING PHYSICIAN, OSTEOPATHIC PHYSICIAN, 24 DENTIST, OR VETERINARIAN IS TEMPORARILY UNAVAILABLE, THE 25 PHARMACIST MAY, IF UNABLE TO SUPPLY THE DRUG REQUESTED, 26 SUBSTITUTE A DRUG OR PREPARATION OF APPROXIMATELY EQUAL 27 THERAPEUTIC VALUE SO LONG AS THE PHARMACIST NOTIFIES THE 28 AUTHOR OF THE PRESCRIPTION AT AN EARLY OPPORTUNITY]. 29 * Sec. 6. AS 17.20 is amended by adding a new section to read: 30 Sec. 17.20.125. Approval of cost-effective alternative prescription drug. 31 The department shall approve and maintain a publicly available list of prescription
01 drugs that the department determines, after investigation, to be more cost-effective 02 generic and therapeutically equivalent drugs to the brand-name equivalent drug.