Senate Bill No. 136–Committee on Human Resources and Facilities
February 5, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Prohibits substitution of generic drugs for prescribed drugs without written permission of practitioner. (BDR 54-1157)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 639.0124 is hereby amended to read as follows: 639.0124 "Practice of pharmacy" includes, but is not limited to, the:1-3
1. Performance or supervision of activities associated with1-4
manufacturing, compounding, labeling, dispensing and distributing of a1-5
drug.1-6
2. Interpretation and evaluation of prescriptions or orders for medicine.1-7
3. Participation in drug evaluation and drug research.1-8
4. Advising of the therapeutic value, reaction, drug interaction, hazard1-9
and use of a drug.1-10
5. Selection of the source, storage and distribution of a drug.1-11
6. Maintenance of proper documentation of the source, storage and1-12
distribution of a drug.1-13
7. Interpretation of clinical data contained in a person’s record of1-14
medication.1-15
8. Development of written guidelines and protocols in collaboration1-16
with a practitioner1-17
medical facility and that authorize the implementation, monitoring and1-18
modification of drug therapy.2-1
9. Implementation and modification of drug therapy in accordance with2-2
the authorization of the prescribing practitioner for a patient in a pharmacy2-3
in which drugs, controlled substances, poisons, medicines or chemicals are2-4
sold at retail.2-5
The term does not include the changing of a prescription by a pharmacist or2-6
practitioner without the consent of the prescribing practitioner .2-7
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Sec. 2. NRS 639.23286 is hereby amended to read as follows: 639.23286 A pharmacy that is located outside Nevada and provides2-10
mail order service to a resident of Nevada:2-11
1. May substitute a drug if the substitution is made in accordance with2-12
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(a) The provisions of the laws and regulations of the state in which the2-14
pharmacy is located2-15
(b) NRS 639.2583 and 639.2587.2-16
2. Shall provide a toll-free telephone service for its customers to a2-17
pharmacist who has access to the records of the customers from Nevada.2-18
The telephone service must be available for not less than 5 days per week2-19
and for at least 40 hours per week. The telephone number must be2-20
disclosed on the label attached to each container of drugs dispensed to a2-21
resident of Nevada.2-22
Sec. 3. NRS 639.2583 is hereby amended to read as follows: 639.2583 A pharmacist shall not make a substitution in filling a2-24
prescription unless the practitioner who prescribed the drug indicates in2-25
writing that a substitution may be made. If a practitioner has prescribed a2-26
drug by brand name and has2-27
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1. Shall, in a case where he is being paid for the drug by a2-29
governmental agency; and2-30
2. May, in any other case,2-31
fill the prescription with another drug2-32
less expensive than the drug prescribed, is biologically equivalent, has the2-33
same active ingredient or ingredients of the same strength, quantity and2-34
form of dosage and is of the same generic type as the drug prescribed. The2-35
pharmacist may also make such a substitution if the prescription was2-36
written by a practitioner from outside this state and indicates that a2-37
substitution may be made.2-38
Sec. 4. NRS 639.2585 is hereby amended to read as follows: 639.2585 1. Except where a substitution is required by paragraph2-40
(a) of subsection 1 of NRS 639.2583:2-41
(a) Before he makes a substitution, a pharmacist shall advise the person2-42
who presents the prescription of:2-43
(1) The generic drug3-1
(2) The price difference between the drug under the brand name3-2
prescribed and the drug3-3
(b) The person presenting the prescription may refuse to accept the3-4
proposed substitution.3-5
2. A pharmacist shall not make any substitution of drugs if the drug to3-6
be substituted is higher in cost than the drug prescribed by brand name.3-7
Sec. 5. NRS 639.2587 is hereby amended to read as follows:3-8
639.2587 If , pursuant to NRS 639.2583, a generic drug is substituted3-9
for a drug prescribed by brand name, the pharmacist or practitioner3-10
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1. Note the name of the manufacturer, packer or distributor of the drug3-12
actually dispensed on the prescription; and3-13
2.3-14
words "substituted for" following the generic name and preceding the brand3-15
name of the drug.3-16
Sec. 6. NRS 639.2589 is hereby amended to read as follows: 639.2589 1. The form for any prescription3-18
intended to be filled in this state must contain a line for the signature of the3-19
prescriber .3-20
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2. Substitutions may be made in filling prescriptions contained in the3-23
orders of a physician, or of an advanced practitioner of nursing who is a3-24
practitioner, in a facility for skilled nursing or facility for intermediate care3-25
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practitioner indicates in writing that a substitution may be made.3-31
3. Substitutions may be made in filling prescriptions ordered by a3-32
practitioner on a patient’s chart in a hospital if the hospital’s medical staff3-33
has approved a formulary for specific generic substitutions3-34
practitioner indicates in writing that a substitution may be made.3-35
Sec. 7. NRS 639.2599 is hereby amended to read as follows: 639.2599 1. Each practitioner who dispenses drugs shall prominently3-37
display at or near the place where prescriptions are dispensed the following3-38
information in block letters not less than 1 inch in height:3-39
STATE LAW ALLOWS A LESS EXPENSIVE BIOLOGICALLY3-40
EQUIVALENT DRUG TO BE SUBSTITUTED FOR A DRUG3-41
DESIGNATED BY A TRADE OR BRAND NAME IF IT IS4-1
AVAILABLE AND4-2
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SUBSTITUTION MAY BE MADE.4-4
2. The information required by subsection 1 may be combined with the4-5
notice required by NRS 639.28025.4-6
Sec. 8. NRS 639.2804 is hereby repealed.4-7
Sec. 9. The amendatory provisions of this act do not apply to conduct4-8
that occurred before October 1, 1999.
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TEXT OF REPEALED SECTION639.2804 Filling prescriptions for amygdalin and procaine
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hydrochloride.4-12
1. A prescription for the substance having the trade name "laetrile"4-13
shall be considered as an order for the substance by its generic name,4-14
amygdalin. The prescription may be filled with "laetrile" or its generic4-15
equivalent.4-16
2. A prescription for the substance having the trade name "Gerovital4-17
H3" shall be considered as an order for procaine hydrochloride with4-18
preservatives and stabilizers, and the order may be filled using similar4-19
products manufactured under other trade names.~