House Study Bill 172 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL BY
                                            CHAIRPERSON SMITH)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the substitution of antiepileptic drugs and
  2    establishing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2108YC 82
  5 jr/je/5

PAG LIN



  1  1    Section 1.  Section 155A.32, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  4.  The pharmacist shall not exercise the
  1  4 drug product selection described in this section for an
  1  5 antiepileptic drug or formulation of an antiepileptic drug,
  1  6 brand or generic name, prescribed for the treatment of
  1  7 seizures, including epilepsy, without prior notification of
  1  8 and the signed informed consent of that selection from both
  1  9 the authorized prescriber and the patient or the patient's
  1 10 representative.
  1 11    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 12 immediate importance, takes effect upon enactment.
  1 13                           EXPLANATION
  1 14    Current law allows a pharmacist to exercise professional
  1 15 judgment by selecting a drug product with the same generic
  1 16 name and demonstrated bioavailability as the drug prescribed
  1 17 for dispensing and sale to the patient.  This bill limits that
  1 18 discretion in the case of an antiepileptic drug prescribed by
  1 19 brand or generic name.  Prior to any substitution the
  1 20 pharmacist must obtain signed informed consent of that
  1 21 selection from both the authorized prescriber and the patient
  1 22 or the patient's representative.
  1 23    The board of pharmacy examiners may impose a variety of
  1 24 penalties for violation of the bill, as set out in Code
  1 25 section 272C.3.  In addition, civil penalties not to exceed
  1 26 $25,000 may be imposed.
  1 27    The bill is made effective upon enactment.
  1 28 LSB 2108YC 82
  1 29 jr:nh/je/5