DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 319 Engrossed 2015 Regular Session Simon
Abstract: Prohibits the dispensing of an interchangeable biological product if the prescription
requires the named product and requires notification to the prescriber when an
interchangeable biological product is dispensed.
Proposed law defines "biological product", "equivalent drug product", and "interchangeable".
Proposed law requires the La. Board of Pharmacy to maintain on its public web page a link to the
current list, if available, of biological products determined by the U.S. Food and Drug
Administration (FDA) to be interchangeable.
Present law prohibits a pharmacist from knowingly dispensing an equivalent drug product if the
prescriber instructs otherwise on the written prescription drug order or by verbally indicating the
instruction for an oral prescription.
Proposed law retains present law and adds a prohibition against dispensing an interchangeable
biological product if the prescriber instructs otherwise.
Present law requires the patient to consent to the equivalent drug if substitution is permitted by the
prescriber.
Proposed law retains present law and adds the requirement that the patient consent to the
interchangeable biological product if substitution is permitted by the prescriber.
Proposed law requires the dispensing pharmacist or his designee to communicate to the prescriber
the specific biological product provided to the patient, including the name of the product and the
manufacturer, no later than five days following the dispensing of a biological product unless there
is no interchangeable biological product approved by the FDA for the product prescribed or a refill
prescription is not changed from the product dispensed on the prior filling of the prescription.
Proposed law requires the communication to be conveyed by making an entry into an interoperable
electronic medical records system through an electronic prescribing technology, a pharmacy benefit
management system, or a pharmacy record that can be accessed electronically by the prescriber.
Proposed law provides that entry into one of the methods of communication listed in proposed law
is presumed to provide the required notice to the prescriber. (Amends R.S. 37:1164(16) and 1241(A)(17); Adds R.S. 37:1164(58) and (59), 1185, and 1226.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Add a pharmacy benefit management system as a method of notification.
2. Provide that entry into one of the enumerated methods of communication is presumed
to provide the required notice to the prescriber.