THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CREIGHTON, BEYER, CALTAGIRONE, CLYMER, GEIST, GINGRICH, HENNESSEY, HORNAMAN, MILLER, MOUL, MURT, PICKETT, RAPP, READSHAW, SIPTROTH AND SWANGER, MARCH 12, 2010

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 12, 2010  

AN ACT

Amending the act of November 24, 1976 (P.L.1163, No.259),

entitled "An act relating to the prescribing and dispensing

of generic equivalent drugs," further providing for the

labeling of dispensed drugs; and providing for notification

of the country of origin of dispensed drugs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3 of the act of November 24, 1976

(P.L.1163, No.259), referred to as the Generic Equivalent Drug

Law, amended July 11, 1990 (P.L.509, No.121), is amended to

read:

Section 3.  (a)  Whenever a pharmacist receives a

prescription for a brand name drug, the pharmacist shall

substitute a less expensive generically equivalent drug unless

requested otherwise by the purchaser or indicated otherwise by

the prescriber. The bottom of every prescription blank shall be

imprinted with the words "substitution permissible" and shall

contain one signature line for the physician's or other

authorized prescriber's signature. The prescriber's signature

shall validate the prescription and, unless the prescriber

handwrites "brand necessary" or "brand medically necessary,"

shall designate approval of substitution of a drug by a

pharmacist pursuant to this act. Imprinted conspicuously on the

prescription blanks shall be the words: "In order for a brand

name product to be dispensed, the prescriber must handwrite

'brand necessary' or 'brand medically necessary' in the space

below." All information printed on the prescription blank shall

be in eight-point uppercase print. In the case of an oral

prescription, there will be no substitution if the prescriber

expressly indicates to the pharmacist that the brand name drug

is necessary and substitution is not allowed. Substitution of a

less expensive generically equivalent drug shall be contingent

on whether the pharmacy has the brand name or generically

equivalent drug in stock. 

(b)  Any pharmacist who substitutes any drug shall notify the

person presenting the prescription of such substitution together

with the amount of the retail price difference between the brand

name and the drug substituted for it and shall inform the person

presenting the prescription that they may refuse the

substitution.

(c)  Any pharmacist substituting a less expensive drug

product shall charge the purchaser the regular and customary

retail price for the generically equivalent drug.

(d)  Each pharmacist shall maintain a record of any

substitution of a generically equivalent drug product for a

prescribed brand name drug.

(e)  Unless the prescriber directs otherwise, the label on

all drugs dispensed by a pharmacist shall indicate the name of

the drug as it appeared on the prescription, the generic name

using abbreviations if necessary and the name of the

manufacturer. The same notation shall be made on the original

prescription retained by the pharmacist.

(f)  No pharmacist shall substitute a generically equivalent

drug for a prescribed brand name drug unless the generically

equivalent drug meets the definition of generically equivalent

drug set forth in this act and the secretary has not prohibited

the use of the drug in accordance with section 5. 

(g)  The person presenting the prescription shall be notified

of the country of origin of the drug being dispensed, which

shall be printed on the Material Safety Data Sheet provided with

each drug.

Section 2.  This act shall take effect in 60 days.