00                            SENATE BILL NO. 114                                                                         
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       prescriber is unavailable to discuss a substitution of the prescribed drug, the                                   
13       pharmacist may fill the prescription for an amount of the substituted drug that would                             
14       cover 72 hours of treatment after notifying the prescriber of the desired substitution                            
15       and while waiting for a response from the prescriber. After 72 hours, if the prescriber                           

01       is still not available to review the prescription, the pharmacist may extend the                                  
02       prescription for the substituted drug for another 72 hours, after which the pharmacist                            
03       must fill the prescription as originally written if agreement for the substituted drug is                         
04       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 so long as                              
12       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, the pharmacist may fill the prescription for an amount of the substituted drug                              
20       that would cover 72 hours of treatment after notifying the prescriber of the desired                              
21       substitution and while waiting for a response from the prescriber. After 72 hours, if the                         
22       prescriber is still not available to review the prescription, the pharmacist may extend                           
23       the prescription for the substituted drug for another 72 hours, after which the                                   
24       pharmacist must fill the prescription as originally written if agreement for the                                  
25       substituted drug is not obtained from the prescriber.