SENATE AMENDED
PRIOR PRINTER'S NOS. 3003, 3146 PRINTER'S NO. 3880
No. 2261 Session of 1988
INTRODUCED BY ITKIN, FOX, PRESTON, PISTELLA, ANGSTADT, VEON,
BELFANTI, COHEN, JOSEPHS, TRELLO, HALUSKA, DeLUCA, SEMMEL,
CORRIGAN, MICHLOVIC, J. L. WRIGHT, MAIALE, HOWLETT, SEVENTY,
DISTLER, SHOWERS, BATTISTO, RITTER, FARGO, MAINE, BOYES,
MELIO AND BROUJOS, MARCH 16, 1988
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN
SENATE, AS AMENDED, NOVEMBER 15, 1988
AN ACT
1 Amending the act of November 24, 1976 (P.L.1163, No.259),
2 entitled "An act relating to the prescribing and dispensing
3 of generic equivalent drugs," further providing for the
4 manner of dispensing generically equivalent drugs.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3(a) of the act of November 24, 1976
8 (P.L.1163, No.259), referred to as the Generic Equivalent Drug
9 Law, is amended to read:
10 Section 3. (a) Whenever a pharmacist receives a
11 prescription for a brand name drug he shall, unless requested
12 otherwise by the purchaser, substitute a less expensive
13 generically equivalent drug product listed in the formulary of
14 generic and brand name drug products developed by the Department
15 of Health as provided in section 5(b) unless the prescriber
16 indicates otherwise. The bottom of every prescription blank
1 shall be imprinted with the words "substitution permissible"
2 [and "do not substitute"] and shall contain [two] one signature
3 [lines] line for the physician's or other authorized
4 prescriber's signature [on the line immediately above the chosen
5 option]. The prescriber's signature shall validate the
6 prescription and, unless the prescriber handwrites "brand
7 necessary" or "brand medically necessary," shall designate
8 approval of substitution of a drug by a pharmacist pursuant to
9 this act. Imprinted conspicuously on the prescription blanks
10 shall be the words: "This prescription will be filled <--
11 generically unless the prescriber handwrites 'brand necessary'
12 or 'brand medically necessary' on the face of the prescription
13 blank." "IN ORDER FOR A BRAND NAME PRODUCT TO BE DISPENSED, THE <--
14 PRESCRIBER MUST HANDWRITE 'BRAND NECESSARY' OR 'BRAND MEDICALLY
15 NECESSARY' IN THE SPACE BELOW." ALL INFORMATION PRINTED ON THE
16 PRESCRIPTION BLANK SHALL BE IN EIGHT-POINT UPPERCASE PRINT. In
17 the case of an oral prescription, there will be no substitution
18 if the prescriber expressly indicates to the pharmacist that the
19 brand name drug is necessary and substitution is not allowed.
20 Substitution of a less expensive generically equivalent drug
21 product shall be contingent on whether the pharmacy has the
22 brand name or generically equivalent drug in stock.
23 * * *
24 Section 2. It shall be the duty of the Department of Health,
25 within 30 days after the effective date of this section, to send
26 a written notice to each duly licensed physician, dentist,
27 veterinarian and other practitioner licensed in this
28 Commonwealth to write prescriptions intended for the treatment
29 or prevention of disease in man or animals, hereinafter referred
30 to as a prescriber, informing the prescriber of the provisions
19880H2261B3880 - 2 -
1 of this amendatory act, and informing the prescriber that the
2 enactment of this amendatory act does not preclude a prescriber
3 from prescribing a brand name drug if, in the opinion of the
4 prescriber, the use of the brand name drug is in the best
5 medical interest of the patient.
6 Section 3. This act shall take effect as follows:
7 (1) Section 2 and this section shall take effect
8 immediately.
9 (2) Section 1 shall take effect in 60 days JULY 1, 1989. <--
B9L35WMB/19880H2261B3880 - 3 -