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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to pharmacy; prohibiting a pharmacist from making a substitution of a generic drug for a prescribed drug without the written permission of the practitioner; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 639.0124 is hereby amended to read as follows:

1-2 639.0124 "Practice of pharmacy" includes, but is not limited to, the:

1-3 1. Performance or supervision of activities associated with

1-4 manufacturing, compounding, labeling, dispensing and distributing of a

1-5 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, hazard

1-9 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 and

1-12 distribution of a drug.

1-13 7. Interpretation of clinical data contained in a person’s record of

1-14 medication.

1-15 8. Development of written guidelines and protocols in collaboration

1-16 with a practitioner [which] that are intended for a patient in a licensed

1-17 medical facility and that authorize the implementation, monitoring and

1-18 modification of drug therapy.

2-1 9. Implementation and modification of drug therapy in accordance with

2-2 the authorization of the prescribing practitioner for a patient in a pharmacy

2-3 in which drugs, controlled substances, poisons, medicines or chemicals are

2-4 sold at retail.

2-5 The term does not include the changing of a prescription by a pharmacist or

2-6 practitioner without the consent of the prescribing practitioner . [, except as

2-7 otherwise provided in NRS 639.2583.]

2-8 Sec. 2. NRS 639.23286 is hereby amended to read as follows:

2-9 639.23286 A pharmacy that is located outside Nevada and provides

2-10 mail order service to a resident of Nevada:

2-11 1. May substitute a drug if the substitution is made in accordance with

2-12 [the] :

2-13 (a) The provisions of the laws and regulations of the state in which the

2-14 pharmacy is located [.] ; and

2-15 (b) NRS 639.2583 and 639.2587.

2-16 2. Shall provide a toll-free telephone service for its customers to a

2-17 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 week

2-19 and for at least 40 hours per week. The telephone number must be

2-20 disclosed on the label attached to each container of drugs dispensed to a

2-21 resident of Nevada.

2-22 Sec. 3. NRS 639.2583 is hereby amended to read as follows:

2-23 639.2583 A pharmacist shall not make a substitution in filling a

2-24 prescription unless the practitioner who prescribed the drug indicates in

2-25 writing that a substitution may be made. If a practitioner has prescribed a

2-26 drug by brand name and has [not] indicated in writing that a substitution [is

2-27 prohibited,] may be made, a pharmacist:

2-28 1. Shall, in a case where he is being paid for the drug by a

2-29 governmental agency; and

2-30 2. May, in any other case,

2-31 fill the prescription with another drug [which] that is available to him, is

2-32 less expensive than the drug prescribed, is biologically equivalent, has the

2-33 same active ingredient or ingredients of the same strength, quantity and

2-34 form of dosage and is of the same generic type as the drug prescribed. The

2-35 pharmacist may also make such a substitution if the prescription was

2-36 written by a practitioner from outside this state and indicates that a

2-37 substitution may be made.

2-38 Sec. 4. NRS 639.2585 is hereby amended to read as follows:

2-39 639.2585 1. Except where a substitution is required by paragraph

2-40 (a) of subsection 1 of NRS 639.2583:

2-41 (a) Before he makes a substitution, a pharmacist shall advise the person

2-42 who presents the prescription of:

2-43 (1) The generic drug [which] that he proposes to substitute; and

3-1 (2) The price difference between the drug under the brand name

3-2 prescribed and the drug [which] that he proposes to substitute.

3-3 (b) The person presenting the prescription may refuse to accept the

3-4 proposed substitution.

3-5 2. A pharmacist shall not make any substitution of drugs if the drug to

3-6 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 substituted

3-9 for a drug prescribed by brand name, the pharmacist or practitioner [:

3-10 1. Shall note] shall:

3-11 1. Note the name of the manufacturer, packer or distributor of the drug

3-12 actually dispensed on the prescription; and

3-13 2. [May indicate] Indicate the substitution on the label by use of the

3-14 words "substituted for" following the generic name and preceding the brand

3-15 name of the drug.

3-16 Sec. 6. NRS 639.2589 is hereby amended to read as follows:

3-17 639.2589 1. The form for any prescription [which] that is issued or

3-18 intended to be filled in this state must contain a line for the signature of the

3-19 prescriber . [, the printed words "dispense only as written" and a box near

3-20 that statement for the purpose of indicating that a substitution may not be

3-21 made.]

3-22 2. Substitutions may be made in filling prescriptions contained in the

3-23 orders of a physician, or of an advanced practitioner of nursing who is a

3-24 practitioner, in a facility for skilled nursing or facility for intermediate care

3-25 [. Each page of the document which contains the order must be printed with

3-26 the words: "The biological equivalent of drugs ordered may be dispensed

3-27 unless initialed by the prescriber here" and a box must be provided near

3-28 that statement for the purpose of indicating that a substitution may not be

3-29 made.] if the physician or advanced practitioner of nursing who is a

3-30 practitioner indicates in writing that a substitution may be made.

3-31 3. Substitutions may be made in filling prescriptions ordered by a

3-32 practitioner on a patient’s chart in a hospital if the hospital’s medical staff

3-33 has approved a formulary for specific generic substitutions [.] and the

3-34 practitioner indicates in writing that a substitution may be made.

3-35 Sec. 7. NRS 639.2599 is hereby amended to read as follows:

3-36 639.2599 1. Each practitioner who dispenses drugs shall prominently

3-37 display at or near the place where prescriptions are dispensed the following

3-38 information in block letters not less than 1 inch in height:

3-39 STATE LAW ALLOWS A LESS EXPENSIVE BIOLOGICALLY

3-40 EQUIVALENT DRUG TO BE SUBSTITUTED FOR A DRUG

3-41 DESIGNATED BY A TRADE OR BRAND NAME IF IT IS

4-1 AVAILABLE AND [UNLESS] YOUR PHYSICIAN [REQUESTS

4-2 OTHERWISE.] INDICATES IN WRITING THAT A

4-3 SUBSTITUTION MAY BE MADE.

4-4 2. The information required by subsection 1 may be combined with the

4-5 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 conduct

4-8 that occurred before October 1, 1999.

 

4-9 TEXT OF REPEALED SECTION

 

4-10 639.2804 Filling prescriptions for amygdalin and procaine

4-11 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 generic

4-15 equivalent.

4-16 2. A prescription for the substance having the trade name "Gerovital

4-17 H3" shall be considered as an order for procaine hydrochloride with

4-18 preservatives and stabilizers, and the order may be filled using similar

4-19 products manufactured under other trade names.

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