Introduced Version




Citations Affected: IC 25-26-13-16.2.

Synopsis: Notification of substitution for epileptic drugs. Requires a pharmacist to notify the prescribing physician and inform the patient if the pharmacist selects a drug other than the brand name drug listed on an antiepileptic drug prescription.

Effective: July 1, 2011.


    January 5, 2011, read first time and referred to Committee on Health and Provider Services.


First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-26-13-16.2; (11)IN0025.1.1. -->     SECTION 1. IC 25-26-13-16.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16.2. (a) As used in this section, "antiepileptic drug" means a drug that is used for one (1) of the following:
        (1) The treatment of epilepsy.
        (2) The treatment or prevention of seizures.
    (b) If a pharmacist is filling a prescription for an antiepileptic drug and the pharmacist selects a product, including an equivalent generic drug, other than the brand name drug specified on the prescription, the pharmacist shall do the following:

         (1) Notify the prescriber of the drug product selection made by the pharmacist.
        (2) Inform the patient or the patient's representative of the drug product selection.
    (c) The pharmacist may not unreasonably delay dispensing a valid prescription for an antiepileptic drug on the sole basis of not

having yet made the notification required under subsection (b)(1).