Bill Text - SB140 (2013)

Requiring a pharmacy to substitute generically equivalent drugs for any prescription paid for by state funds.


Revision: Jan. 25, 2013, midnight

SB 140-FN – AS INTRODUCED

2013 SESSION

13-0921

01/05

SENATE BILL 140-FN

AN ACT requiring a pharmacy to substitute generically equivalent drugs for any prescription paid for by state funds.

SPONSORS: Sen. Woodburn, Dist 1

COMMITTEE: Commerce

ANALYSIS

This bill requires a pharmacy to substitute generically equivalent drugs for any prescription paid for by state funds.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0921

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT requiring a pharmacy to substitute generically equivalent drugs for any prescription paid for by state funds.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Pharmacies; Generic Drugs Paid for by the State. Amend RSA 318:47-d to read as follows:

318:47-d Pharmacies; Substituting Generic Drugs. Pharmacies, including mail-order pharmacies, may substitute generically equivalent drug products for all legend and non-legend prescriptions unless the prescribing practitioner handwrites “medically necessary” on each paper prescription, or uses electronic indications when transmitted electronically, or gives instructions when transmitted orally that the brand name drug product is medically necessary. Notwithstanding any provision of law to the contrary, pharmacies, including mail order pharmacies, shall substitute generically equivalent drugs for all legend and non-legend prescriptions when all or part of the payment for such prescription is state funds, unless the prescribing practitioner handwrites “medically necessary” on each paper prescription, or uses electronic indications when transmitted electronically, or gives instructions when transmitted orally that the brand named drug is medically necessary.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

13-0921

01/25/13

SB 140-FN - FISCAL NOTE

AN ACT requiring a pharmacy to substitute generically equivalent drugs for any prescription paid for by state funds.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Health and Human Services and the New Hampshire Veterans Home. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.