House File 2410
BY COMMITTEE ON COMMERCE
(SUCCESSOR TO HSB 529)
A BILL FOR
1 An Act relating to restrictions for drug product selection
2 relative to antiepileptic drugs.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5240HV (2) 83
1 1 Section 1. Section 155A.32, Code 2009, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 2A. a. The pharmacist shall not exercise
1 4 the drug product selection described in this section for
1 5 an antiepileptic drug or formulation of an antiepileptic
1 6 drug, whether brand name or generic name, prescribed for the
1 7 treatment of epilepsy, prior to meeting all of the following
1 8 requirements:
1 9 (1) Providing notification to the patient or the patient's
1 10 representative.
1 11 (2) Providing notification to the authorized prescriber.
1 12 b. For the purposes of this subsection, "notification"
1 13 shall require the pharmacist to provide written or documented
1 14 verbal communication to the prescriber and patient or patient's
1 15 representative at the time the drug is dispensed. Notification
1 16 to the patient shall include informing the patient or patient's
1 17 representative of the patient's right to reject the drug being
1 18 dispensed.
1 19 c. If any part of the prescription under this subsection
1 20 will be paid by expenditure of public funds authorized under
1 21 chapter 249A, the rules, policies, and procedures applicable
1 22 to prescription drugs under that chapter shall apply to a
1 23 prescription under this subsection.
1 24 d. This subsection shall apply if the patient's condition is
1 25 being treated with a specific drug, strength, dosage form, and
1 26 dosing regimen from a specific manufacturer.
1 27 e. For the purposes of this subsection, drug product
1 28 selection includes dispensing the antiepileptic drug of
1 29 another manufacturer instead of the antiepileptic drug of the
1 30 manufacturer which the patient is currently prescribed, and
1 31 substituting a generic version for a brand version, a brand
1 32 version for a generic version, or a generic version for a
1 33 generic version of a different manufacturer.
1 34 EXPLANATION
1 35 This bill provides an exception to authorization of drug
2 1 product selection by pharmacists by prohibiting such drug
2 2 product selection for an antiepileptic drug or formulation
2 3 of an antiepileptic drug, whether brand name or generic
2 4 name, prescribed for the treatment of epilepsy, unless the
2 5 pharmacist first provides notification to the patient or the
2 6 patient's representative and to the authorized prescriber. The
2 7 bill specifies the requirements for providing notification,
2 8 under what conditions the bill applies, and what drug product
2 9 selection includes under the bill. The bill also provides that
2 10 if any part of the prescription will be paid by expenditure of
2 11 public funds authorized under Code chapter 249A (Medicaid),
2 12 the rules, policies, and procedures applicable to prescription
2 13 drugs under Code chapter 249A are to apply to the prescription.