GREEN SHEET REDIGEST
HB 319 2015 Regular Session Simon
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
DRUGS/PRESCRIPTION: Provides relative to the dispensing of interchangeable
biological products
DIGEST
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" and "equivalent drug product".
Proposed law requires no later than five business days following the dispensing of a
biological product, the dispensing pharmacist or his designee must communicate to the
prescriber the specific product provided to the patient, including the name of the product and
the manufacturer.
Proposed law provides the required communication may be done by any means.
Proposed law provides no communication be required if there is no interchangeable or
therapeutical equivalent biological product approved by the United States Food and Drug
Administration for the product prescribed, or if the prescription is a refill not changed from
the product dispensed on the prior filling of the prescription.
Proposed law provides nothing in proposed law will create a cause of action against the
prescriber and the dispensing pharmacist or his designee for a communication as required
pursuant to proposed law.
Proposed law provides no communication will be required pursuant to proposed law if the
prescriber indicates dispense as written.
(Amends R.S. 37:1164(16); adds R.S. 37:1164(58) 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
engrossed bill
1. Amends the definition of an "equivalent product" and removes the definition of
"interchangeable".
2. Removes the provision requiring interchangeable biological products list being
maintained on the Louisiana Board of Pharmacy's web page.
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Prepared by Christopher D. Adams. 3. Deletes certain requirements related to communication to the prescriber and
replaces them with a requirement that the communication may be done by any
means.
4. Adds therapeutically equivalent to the provision that no communication shall be
required if there is no interchangeable biological product approved by the United
States Food and Drug Administration for the product prescribed, or if the
prescription is a refill not changed from the product dispensed on the prior filling
of the prescription.
5. Provides that nothing in proposed law creates a cause of action against the
prescriber and the dispensing pharmacist or his designee for a communication as
required pursuant to proposed law.
6. Provides that no communication will be required pursuant to proposed law if the
prescriber indicates dispense as written.
7. Technical amendments.
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Prepared by Christopher D. Adams.